No one should ever sign a contract without first consulting with a lawyer. The Monroe Firm represents clients in the drafting, revising and negotiation of business, music, sports and entertainment contracts. Consulting with an attorney before “signing on the dotted line” can potentially save you from a lifetime of regret.
Business contracts are legally binding written agreements between two or more parties. They are an important part of business and such agreements should be created and/or reviewed carefully. Its true contracts do not have to written at all to be legally binding; an oral contract is just as enforceable as a written one. However, while it is tempting to believe that a handshake and a verbal agreement should suffice in the world of business, there is no substitute for a well written, legally binding agreement.
All contracts should be fully reviewed, as memories tend to be faulty and different people will recall different aspects of a verbal agreement in ways that will benefit them the most. A contract serves as a guide and a memorial of the agreement that must be followed by both parties. In addition to protecting you from any future disagreements over contractual terms and issues, having strong written contracts reinforces the commitments that two parties intend to make with one another.
A strong contract specifies, in detail, which party is doing what, how it is being done, when it is being done, and how much money, if any, is going to be exchanged when the contract is fully executed. When both parties fully understand the terms of a contract, each can more accurately plan for the future, both financially and technically. Whatever penalties might be called for, should a contract be breached, should also be part of any written agreement. Finally, strong contracts also limit and define the extent of your liability, and that of the contract’s co-signer, should a deal or agreement break down.
The Monroe Firm provides consultation and drafting of a wide assortment of business contracts including: Sales and Service Contracts, Non-Disclosure & Confidentiality Agreements, and many more. Call us today.
MUSIC, FILM AND ENTERTAINMENT CONTRACTS
The recording agreement is considered the hub around which virtually every aspect of the music industry revolves. In order for music to be exploited, whether as a phonograph record, or in a video, CD-ROM, motion picture or television soundtrack, or as a radio or television commercial, or in any other fixed medium (with the single exception of the “live” musical performance), it must first be captured in the form of a recording. The company or person desiring to own and exploit the recording must, therefore, engage an artist to perform the recording. The agreement describing the terms of that engagement is often, but not always, referred to as a recording agreement. It is never wise to sign a recording agreement without first consulting with a lawyer.
The Monroe Firm provides legal representation for both artist and labels including the drafting, revising and enforcement of recording agreements. An example of the variety of recording contracts our Firm provides and interprets are:
- Exclusive Recording Agreements (between Artists and Label)
- Non-Exclusive Recording Agreements
- Recording Agreements with Independent Record Labels
- Demo Recording Agreements
Internet Distribution Agreements
Traditionally, artists have needed record companies to finance the cost of making their records, and their manufacturing, distribution and marketing. With digital distribution technologies, artists can not only record their own music, but they can market and distribute it themselves at minimal cost, through utilizing of tens of thousands of music websites available on the internet today.
Digital distribution affords the opportunity to simplify provisions for royalty accountings, since issues such as packaging deductions, reserves for returns, reduced rates for mail order and other non-USNRC sales, have no relevance. Many Independent Labels distribute music almost exclusively through digital distribution. The Monroe Firm can guide both artists and labels through the complexities involved in digital distribution contracts.
Other Music Industry Agreements
Whether you are a songwriter, agent, or business manager the terms of any agreement between you and an artist or label should be clearly defined and explained in detail. Proper legal representation can ensure that you are not taken advantage of when presented with an entertainment contract. Call the Monroe Firm today before signing away your rights!
The production of a motion picture represents a series of agreements and documents which trace the acquisition and development of a story from the underlying material (whether it be treatment, book, play, or some other form) through preproduction and production, and then to distribution of the finished picture. Each step in the process requires agreements.
Whether producing a motion picture or a small documentary, the Monroe Firm can provide the agreements necessary to help filmmakers and producers avoid unnecessary litigation. Give us a call today.
The television industry, for the most part, relies on forms and previous agreements used in past years when contracting with new talent. However, legal representation for on-air talent should not overly rely on these standard forms. An experienced and savvy attorney can shape a favorable deal for their client to fit these standard forms. Becoming an on-air personality is a major accomplishment and should not be soured by signing agreement with unfavorable terms. Contact the Monroe Firm prior to signing a television contract to ensure you are not being taken advantage of.
Professional sports are now a multi-billion dollar industry. Many professional athletes are targeted for their earning potential and fall victim huge monetary losses as a result of signing unfair contracts. The Monroe Firm works to make sure none of our clients become statistics. We work diligently to ensure the clients are well informed of the pros and cons of any contract placed in the front of them. Below is a sample of some of the many contracts we represent clients in.
Professional athletes work extremely hard to reach the highest level of competition. Unfortunately many don’t reap the full reward of their success due in part to contracts signed with agents with unfavorable terms. Many agents are lawyers themselves and are savvy in drafting contracts that favor the agent over the athlete. Every athlete should have their own lawyer review the agreement between athlete and agent to ensure that agreement is fair and the athlete is not being taken advantage of.
Many professional athletes, entertainers and celebrities are presented with opportunities to use their celebrity status for profit. This typically comes in the form of endorsement of a product or service of particular business. The Monroe Firm drafts and negotiates endorsement contracts for both celebrities and businesses.
Athletic Training Agreements
Today’s athletes are required to be faster, stronger and more prepared if they are to prosper in a highly competitive market. Many athletes are finding it beneficial to hire a Professional Athletic Trainer (PAT) to assign and implement a training program that maximizes their talents. Furthermore, many athlete representatives (Agents) are hiring such trainers to elevate their clients’ performances at the team workouts or the league’s testing combines. With rookies salaries predicated on the actual slot they are taken in the draft, and with millions of dollars at stake with every drop in position, it is crucial that athletes do everything they can do to hone their skills. As competition grows, veteran athletes also must continue to develop their talents in order to stay in contention for a job with a team. Thus, many athletes are increasingly turning towards hiring their own professional trainers to assist them in getting and staying prepared for athletic competition. A proper agreement between trainer and athlete or athlete’s agent can protect both parties from needless future litigation
- DUI Defense
- Drug Crimes
- Weapon Violations
- Violent Crimes
- White Collar Crimes
- Criminal Record Expungement
- Business Contracts
- Music & Entertainment Contracts
- Sports Contracts
- USPTO Trademark Registration
- Personal Injury
RECENT CASE RESULTS
August 2016 – Alameda County Superior Court, Rene C. Davidson Courthouse (Oakland) – Case DISMISSED for defendant charged with felony Drug possession.
July 2016 – Alameda County Superior Court, Wiley Manuel Courthouse (Oakland) – Case DISMISSED for defendant charged with misdemeanor Battery charges on two individuals.