Breeched contracts seam to be the most talked about issue in
todays entertainment industry. Contracts are essential between all parties
involved because they outline what can happen, and what is prohibited.
Breeching a contract can result in money lost for the parties involved, and
lawsuits that never end pretty for anyone.
A breeched contract according to Google.com is briefly
described as, a legal contract of action in which a binding agreement or
bargained exchange is not honored by one or more of the parties to the contract
by non –performance or interference with the other party’s performance. What
this ultimately means is, the legal document contains standards to which the
parties involved in the performance must complete to satisfy the contract, or they
will be in violation of the contract in which they signed. Sounds easy, but yet
so many stars have made this complicated, and some have even made major
headlines surrounding things that they just will not do, although they signed
to them.
In recent headlines, actress
Evan Rachel Woods was paid an
advancement of $300,000 to star in the lead role of “
10 Things I Hate About Life”, and then dropped out. She is now
being sued for $30 million, in which her representatives claim that it is a
bullying antic from desperate producers who are not making any “real” money.
She is now being sued by 10 Films LLC for $30 million, for not completing the
job, and ultimately taking the money and running, says
The Hollywood Reporter.
What I find to be ironic is how many individuals in the
entertainment industry continue to breech contracts, that they knowingly
signed. They know the consequences of breeching a contract, and yet they still
continue to go through life as if they had not signed a legal document. I often
wonder if it is for the money, like in this case with Ms. Woods, or is it
something to do with the other party. Regardless, both parties have a standard
to hold within a document, and once the contract is breeched, the courts get
involved, and as stated before; the outcome is not pretty for either party.
My suggestion for all people who sign contracts, think about
what you are getting yourself into before you sign a contract. Before any ink
is laid on the paper, and you sign your name, think; have you sought any legal
advice, and if you have, was it from a trusted source. A lot of times we seek
advice from individuals who we believe are credible because they are attorneys,
but are they an attorney in the entertainment field; can they read the language
and understand what is being negotiated? These are all questions that one must
ask himself before signing any contract, in order to make sure that they are in
accordance with the contract that they are signing. The contract process might
seam tough, but in order to protect yourself, it is a process that you must
undergo in order to not breech anything. One final suggestion is to make sure
that what ever you do not “want to do”, is omitted from the contract or
discussed in different terms. Whatever you decide to do, always remember
breeching a contract can cost you a lot of money, and in this situation, at
least $30 million, plus other fees.
Read more about contract breeching from Music Think Tank:
http://www.musicthinktank.com/blog/artist-managers-management-contracts.html