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D Voice
06-17-2010, 05:26 PM
Recently saw a sample contract which included a phrase at the end:
"This Agreement shall be contrued by and interpreted in accordance with the laws and judicial decisions of the state of __________(YOUR STATE HERE)________"


Are there certain states in the US which might be more/less favorable to voiceover artists (for the purpose of such contracts and taking action, as well incorporation?

[I am actually based (also incorporated) overseas. My brother-in-law is an attorney in IL. Folks and other relatives in AZ, CA, CO, NJ, OH, PA, TX. ]

robscig
06-17-2010, 09:33 PM
Of course, NY and California have laws that are more performer friendly than other states, but this clause is called a "forum non conveniens" clause, and is really designed to make sure the drafters home laws are applied and not the laws of some other jurisdiction. I always recommend in contracts that a "jurisdiction" clause be added to the above language to state something like "Defendant agrees to the jurisdiction of (YOUR STATE HERE) in the event of a dispute under this contract." For voice over artists, I recommend they put in the jurisdiction clause for where they live so they don't have to go to their client's jurisdiction to sue in case they are not paid.

For incorporation, there are completely different States that are more favorable that for contracts. Delaware and Nevada are the 2 that are most often referred to as the most "corporate friendly."

D Voice
06-18-2010, 10:06 AM
Yes, thank you. This was a sample for the performer to provide to the client.

Was expecting that CA or IL would be the most likely; CA (possibly NJ) for travel convenience, or IL because my attorney brother-in-law lives there (but he mostly handles probate matters). Unless there is some tax or other reason not to...