Non exclusive contract question

[ranalanricard]

Howdy Gang, I would like your interpretation of this 'clause' in a non-exclusive contract I'm thinking of signing. I've already discussed it with the agent once and he changed it by adding 'which were introduced to the talent' (not there in first rendition). I'm especially interested in your take on the last sentence.



1. Talent agrees to refer to Agent all employers, agents or clients, who make offers to Talent directly or indirectly, which were introduced to Talent by Agent. Agent shall have the responsibility of negotiating all future employment opportunities with such third parties. Talent shall not give out his/her home phone number or address, except as approved by Agent, nor will Talent contact any potential employers except when instructed to do so by Agent.


Thanks
Ran

[SeptemberDay]

Hi!

Looks pretty standard to me. I have that in my agents' contracts as well. Just a fail-safe to keep you from doing business directly with the client and cutting out the agency. Also, it reminds you that it's your responsibility to kick the client back to the agent if they try to contact you directly.

[Mike Sommer]

Yeah that looks okay.

Forgive me for wondering this, but understanding your skill level, how did you go about securing representation? Is this agent asking for money to sign?

This seems highly suspect.

[ranalanricard]

Thanks for your response. So you interpret that to mean the phone number and address refers to ONLY the clients the agent has introduced you to ... and not clients you have gotten on your own that have nothing to do with the agency?

Ran

[ranalanricard]

Mike,

No they want no money from me. It seems they must have liked my demo or parts of it. I actually just finished a TV commercial that the sound engineer and the client (a mortgage company in SE Florida) liked very much, and it's set to air in the next few weeks. Go figure!?! Maybe I just got lucky ;o)

[SeptemberDay]

Thanks for your response. So you interpret that to mean the phone number and address refers to ONLY the clients the agent has introduced you to ... and not clients you have gotten on your own that have nothing to do with the agency?

Ran


That's the only way I'd interpret that. Clients that you get outside of an agency are your own deal :smiley:

[ranalanricard]

Thank you again 'Lady September'. That's how I interpreted it too, but this is my first contract and agent, so I thought I'd bounce it off of folks with a bit more experience in such things.
Ran

[Paul Plack]

There are scenarios where wording like this leaves a gray area...

(1) You might not always know when you've been hired "indirectly" by a client originally contacted by your agent. If the client was good at covering tracks, I'm not sure how you'd know, especially if you don't see everything your agent pitches.

(2) That last line, if taken literally, would mean you couldn't do your own marketing. I'm sure it must not be interpreted that way, or nobody would have more than one agent.

[ranalanricard]

Thanks Paul, I appreciate your input.

Ran

[robscig]

Howdy Gang, I would like your interpretation of this 'clause' in a non-exclusive contract I'm thinking of signing. I've already discussed it with the agent once and he changed it by adding 'which were introduced to the talent' (not there in first rendition). I'm especially interested in your take on the last sentence.



1.Talent agrees to refer to Agent all employers, agents or clients, who make offers to Talent directly or indirectly, which were introduced to Talent by Agent. Agent shall have the responsibility of negotiating all future employment opportunities with such third parties. Talent shall not give out his/her home phone number or address, except as approved by Agent, nor will Talent contact any potential employers except when instructed to do so by Agent.


Thanks
Ran



Ran, I think that clause means EXACTLY what it says, and Courts HAVE to interpret clear language in contracts literally. The way it is written, it says YOU CANNOT GIVE OUT YOUR HOME PHONE NUMBER, ETC, UNLESS YOU HAVE THE AGENT'S PERMISSION!! I would qualify this language if I were you and state something like: "This sentence shall NOT prevent talent from soliciting clients, potential employers and/or voice over work on his own and only applies to third parties introduced to talent by agent."

Rob Sciglimpaglia
VO Artist and Attorney

PS, Feel free to post these questions on my LEGAL forum.

[ranalanricard]

Rob ........................... thank you very much. I will do exactly what you have recommended. This is my 'first', so I want it to be right for the agent and me.

Blessings to ya

Ran

[VoicesOnCall.com]

Hi Ran. I too would be concerned about the wording in the second section. Assumptions in contracts are generally not a good thing. Maybe have that second section modified to only cover to the clients that have been directly referred by that agent. This leaves you open to market yourself with other clients and agents on future jobs.

Larry Maizlish
Voices On Call
Voiceover Casting and Production
http://www.VoicesOnCall.com

[Julie Williams]

I agree with these, Ran.

Don't assume that it doesn't apply to third party clients. Take out the line about being unable to give out your own number. But at the same time... you need to stand by your integrity and not bypass the agent if a client calls you directly... and be sure you understand if the agent expects to be paid for clients you get for yourself.

[ranalanricard]

Thank you all ... I suggested the changes to the agent and he was fine with them. Actually, this agency is ramping up it's VO pool and they were very open to positive suggestions about the contract wording.

Hopefully it's a done deal and I have my FIRST agent ;o)

Ran