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Help with contract!!

Tue, 5 Aug 2008, 01:34 pm
jontheactor13 posts in thread
Hi, my mum, drama teacher and i were a little unsure of what is meant by "this clause shall survive termination or expiration of this agreement". The whole sentence is... "AGENTS REMUNERATION: You will pay STC a commission of 10% calculated on the total gross sum of all monies, wages, fees, sponsorships, advances, endorsements, royalties and other consideration or remineration from all sources, obtained or earned by you or on your behalf in respect of your Activities (but excluding any Goods and Services Tax) during the Term or the period of any continuance, extension or renewal of the agreement but not otherwise. Your obligation to pay comission and our right to receive same shall arise and apply only in relation to consideration or remuneration actually received. Commission is payable on all contracts negotiated (whether in whole or part) during the Term and/or entered during the Term, whether they are fulfilled during or after the Term and whether income or payment is received before or after the Term and regardless of whether such contracts are subsequently negotiated, substituted, extended or modified. If you accept remuneration in goods or some form other than money we shall still be entitled to commission on the monetary value of that remuneration. We may deduct this sum from any money held on your behalf. This clause shall survive termination or expiration of this agreement." we're scared that it means that even after i leave the agency (after the 2 yr contract) i still will ahve to pay 10% commission to them in my future jobs.

Not Likely

Tue, 5 Aug 2008, 02:05 pm

I doubt it means that exactly. I would check with them but my belief is that it would relate to jobs done through the agency - if there are ongoing royalities for repeated showings, etc. In some instances, an add you may appear in, depending on the contract, may earn you payment for each time it is aired. In this case, I would assume that the clause is in relation to that jobs ongoing earning potential, not to jobs you either get yourself or long after your personal contract has ended with them.

In summary - it may imply jobs found through the agency with ongoing earning potential.

Again, check with them or a legal boffin.

Absit invidia

Jeff Watkins

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