Help with contract!!
Tue, 5 Aug 2008, 01:34 pmjontheactor13 posts in thread
Help with contract!!
Tue, 5 Aug 2008, 01:34 pmHi, 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.
jontheactorTue, 5 Aug 2008, 01:34 pm
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.
JoeMcTue, 5 Aug 2008, 02:03 pm
No being a lawyer, but to
Not being a lawyer, but to me it means, if you happen to receive anything, after you terminate, they are entitled to 10%. Even if you go with another agent &/or on you complete earnings, for ever until death do you part!
Me I'd first join the 'MEAA' before you sign anything;- http://www.alliance.org.au/
LabrugTue, 5 Aug 2008, 02:05 pm
Not Likely
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
JoeMcTue, 5 Aug 2008, 02:27 pm
I think you are probably
I think you are probably right Labrug & as you suggested seek a legal opinion.
As this is only a rewritten extract of the actual contract.
I can see the point of this agent protecting their interest, from the work they have performed prior to being terminated. But I believe they may have cause to pursue & create an augment for rumination later?
If in doubt do nowt 'n See a Solicitor!
Walter PlingeTue, 5 Aug 2008, 03:09 pm
Didn't this guy read the
Didn't this guy read the warnings not to go with this agency?
NaTue, 5 Aug 2008, 03:10 pm
I agree with the above
I agree with the above comments. Stop trying to guess at this stuff and go get some advice.
The Arts Law Centre of Australia has a free legal advice service. Do a google and call them.
Second to that; go join MEAA, as suggested on any of the above posts and our replies to your previous threads.
Finger puppets now on sale at
Puppets in Melbourne
LabrugTue, 5 Aug 2008, 03:28 pm
Not the same
Actually, I think that this agency is a legit one, and not the same as previous postings. They are asking for a 10% of earnings which is the accepted method of agency payment. The legalese is simply their way of covering their buts and at the end of the day could mean nothing major.
The trouble is, in legalese, a little malevolence can be hidden within the gibberish also, so it always best to get an expert 2nd opinion.
Absit invidia
Jeff Watkins
jontheactorTue, 5 Aug 2008, 03:30 pm
I called up MEAA today, but
I called up MEAA today, but they said that i had to show prrof that i am a real actor, so im just gonna let my agent do it and hopefully everything will work out.
I ahvent received any warnings about this agency....soe of the actors have eben pretty famous...
NaTue, 5 Aug 2008, 03:32 pm
Please Jon, do yourself a
Please Jon, do yourself a favour and call Arts Law; you only pay the cost of a phone call for some legit legal advice. Don't rely on gut instinct or hope: that's how people get stung.
Additionally, MEAA will only help you if you're a member. If you're looking to do pro work, then you should join. It may seem like a lot of money, but it is worth it as they protect your interests and will provide legal advice/representation if necessary.
Finger puppets now on sale at
Puppets in Melbourne
LogosWed, 6 Aug 2008, 11:23 am
My 2cents worth
In my past experience that clause means that any monies that accrue for a specific job arranged by that agent including residuals and so on, will be liable to a deduction of 10% even after you have left that agency. The fee will not apply to jobs that are arranged by new agencys, however, you should always obtain some sort of legal opinion before signing a contract and if you are serious about pursuing a career in the Performing Arts, JOIN THE UNION.
Is that all there is? Well if that's all there is my friend, then let's keep dancing.
www.tonymoore.id.au
jontheactorWed, 6 Aug 2008, 02:24 pm
where can i find a lawyer
where can i find a lawyer or solicitor, and how much do they cost?
JoeMcWed, 6 Aug 2008, 03:52 pm
As Na
As Na suggested;-http://www.artslaw.com.au/
Try the Citizen Advice Bureau or look up the yellow pages & ask the question.
LogosThu, 7 Aug 2008, 08:40 am
Or JOIN THE UNION
Is that all there is? Well if that's all there is my friend, then let's keep dancing.
www.tonymoore.id.au