Management Contracting
"Making It"
Knowledge, Wisdom, and Guidance for The Talented
by
David Hamilton
The Contract
____________
The contract is the first step into the management world. It is the first sign
of physical device that bridges the gap between your art, and an agreement for
someone to use it. A contract is just that. An agreement between two parties to
gain for both parties. Whether the contract is one page / simple / to the point
or 50 pages and in fine detail, a contract is your WORD and you better be
ready to stick to your word if you engage in one......
Say What You Mean,
Mean What You Say, and Sign With Full Knowledge of Every Sentence and It's
Meaning
little story to go with the beginning of this chapter.
Ever notice how people say one thing, and simply mean another or change there mind. You can get frustrated when your friend says one thing and then changes his or her mind on the drop of a dime, and let's face it, it does happen..... It is difficult to know where a person stands when the position they hold in action or verbal discussion changes. It is common to see that people make decisions based on the facts that are present at any given time, and if new facts surface after a sound decision has been clearly made, you might think that it is certainly ok to change your mind and back out of the decision you made/ It is the normal obligation you have to yourself to change your mind on a decision you made when things change, however in time of contract, the contract is meant to stay built in place no matter what. That is why it is 100% important to understand the written words and the meaning.
A tactic used in business, home, and real world communication is
to be vague in what is said and written. Only what is written and defined is
what will hold up in your defense as an artist. Being vague allows for
employers, companies, and corporations that hire you to be less responsible for
actions. The vagueness is demonstrated by the words you might find in a written
agreement or contract such as: some, soon, frequently, not limited to, no cause,
just cause, near, earlier, later, more ,usually, % upon funding, etc.......
Every word is open to interpretation. I once signed a contract in radio that
said:
Termination: (For cause or just cause without written notice or warning)
Basically, If I walked into work with a blue shirt on and the GM wanted to fire
me for wearing powder blue because he didn't like the color, he could have
written up a notice and handed it to me stating:
According to your contract ( Termination: For cause or just cause without
written notice or warning) You are being terminated for just cause, you are
wearing colors that offend our staff, and these colors are not tolerated.
NOW ! I could fight this decision, however I did sign the contract, and
regardless, I gave up my right to defining and re wording this contract in the
beginning stages of contract negotiation. I am not saying that you will have the
same problem, however I am pointing out personal experience so that you are
aware that a contract that is vague and not defined can really hurt you in the
long run.