BEFORE YOU SIGN THAT CONTRACT

BEFORE YOU SIGN

A signature (from Latin signare, "sign") is a handwritten (and sometimes stylized) depiction of someone's name (or some other identifying mark) that a person writes on documents as a proof of identity and will. It acts as a seal. The writer of a signature is a signatory. Like a handwritten signature, a signature work describes the work as readily identifying its creator.

The traditional function of a signature is evidential: it is to give evidence of:
the provenance of the document (identity)
the intention (will) of an individual with regard to that document

For example, the role of a signature in many consumer contracts is not solely to provide evidence of the identity of the contracting party, but rather to additionally provide evidence of deliberation and informed consent. Signatures may be witnessed and recorded in the presence of a Notary Public to carry additional legal force. On legal documents, an illiterate signatory can make a "mark" (often an "X" but occasionally a personalized symbol), so long as the document is countersigned by a literate witness. There are many other terms which are synonymous with 'signature'. One is John Hancock, named after the first of the signatories of the United States Declaration of Independence. The signature of a famous person is sometimes known as an autograph, and is then typically written on its own or with a brief note to the recipient. Rather than providing authentication for a document, the autograph is given as a souvenir which acknowledges the recipient's access to the autographer.

Some states’ legal definition of a signature defines a signature to mean "any memorandum, mark, or sign made with intent to authenticate any instrument or writing, or the subscription of any person thereto." [1] In the context of one particular statute, a signature doesn’t have to be the popular notion of a written name, but may be other methods of authentication; the intent of any mark or memorandum makes a signature.

BEFORE YOU LAY PEN TO PAPER

The success of your event may well depend on a simple piece of paper you sign. Before you begin negotiating the details, make sure you understand the basics of contracts.

A veteran student council adviser recently recalled an incident from his rookie years as an adviser when the council members made plans to hold the prom at a local hotel one year. About six weeks before the event, the adviser and his officers arrived at the hotel to go over the food selections and other details, only to discover that the hotel had booked someone else for that night! Although the adviser stressed that the council had reserved that date, the hotel's response was that they didn't have a contract for it, so they booked someone else.

With a few contract basics you can protect yourself from a similar scenario and help ensure your event's success.

A contract is an agreement between two or more persons consisting of a promise or mutual promises that the law will enforce, or the performance of which the law recognizes as a duty. A contract doesn't have to be called a contract or be a long legal document. It can be a letter of agreement, a memorandum of understanding, a letter of intent, or a proposal.

Whatever type of agreement you need, remember that putting it in writing, being careful to clarify the critical points, greatly reduces the chance of misunderstanding the terms and needs of the event and avoids trouble down the road.

Before the Contract, Know Your Limitations

Make sure the person you are dealing with has the authority to bind the other party to an agreement. This is especially important when you are dealing with a large record company where the person with whom you negotiate may not be the person who has the ultimate authority to "sign off" on the agreement. This is less likely when you are dealing with a record label that will likely have one designated individual who makes the final say, in this case the CEO fits into that shoe, but it is better to be safe than sorry. I believe that with your artist management behind you, they 'll guide you just fine.

Many musical artists make the mistake of penning down their signature before reading the content and reward of their respective contracts as a result of so much desperation and anxiety built up in the course of the good news. Let me remind you here that you are the one with power and the records knows it as much as I do that you are good business...that is basically why the need your signature...get this into your head, they are not doing you a favour, they are only trying to make money off you. They are most concerned at their own "pockets". I wish you knew how many demo tracks this record label recieve on daily basis, now for these guys to have picked you out of the thousands of entries that they get from artist, that fact alone sure makes you special different and "treasure load" if you understand what I mean.

Take all the time you need to go through a contract paper, page by page, word by word, make sure you undertand every term in the contract, may I say it again you don't need to rush because most of these contracts might enslave you for 5 years or more if you are not careful. Ask the record label executives to give you time to make your decision, take a copy home review it and if possible sleep on it and may I advice that you employ an a music lawyer who knows what the deal is to see you through the signing process. Never you hesitate to ask questions, feel free to speak your mind, basically because the deal is all about you. If you are in a band, make sure that every member of the band reviews the deal along with you and agree with conditions and standards set on the contract. The contract serves as a roadmap for your entire career, a good start dictates the pace of your reign but it also serves as a guide in the agreement if there is a dispute between the parties which we don't hope for.

Express ever doubt in your mind, make sure every little detail is trashed out...and if it happens that you are just alright with the content of the contract then I guess it you spill the wine. Just promise me something...don't ever get tired of making music and make them hits as well...









Basic Contract Objectives

The contract serves as a roadmap for your entire career, a good start dictates the pace of your futu but it also serves as a guide in the event there is a dispute between the parties. The information you should include and/or look for in every contract you deal with is outlined below. If the other party provides you with one of their boilerplate contracts, be wary of language that might let them off the hook or limit their liability in the event something goes wrong.