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A contract (or agreement) is an understanding between two parties that identifies a method of payment and responsibilities that include the following information:
- Date of Agreement.
- Name of Contractor (the party who will pay for the service(s)) & Sub-contractor (the party who receives compensation).
- Address of Contractor & Sub-contractor.
- Compensation (fees/charges) to be paid to Sub-contractor and the schedule of payment of the fee.
- Expenses to be paid to the Sub-Contractor such as per diem, travel expenses, etc. and the schedule of payment of the expenses.
- Schedule that outlines the Contractor's expectation of when the work will be completed or to indicate the rehearsal, performance and/or touring schedule.
- Rights/license clause.
- Billing clause that outlines the text, placement and size on promotional materials (if requested).
- Termination clause that outlines for both parties how one party gets out of the agreement: how much notice is required by both parties, under what circumstances, and any penalties that may arise. Penalties may include abandoning the creation of a new music score and making the original composer responsible for unexpected costs or requesting a dancer to provide his/her services to rehearse a replacement at the dancer's expense, etc.
FACT
One does not require a lawyer to prepare a contract between two parties.
Both parties must sign the document.
TIP!
For income tax or auditing purposes all fees and expenses should not be paid unless accompanied by an invoice. A contract only describes the facts of the understanding of service between parties, but does not prove receipt of payment of fees, expenses, etc.
You can access one hour of free legal service from Artists' Legal Advice Service.
Article originally contributed by Myles Warren
LINKS:
Canadian Actors' Equity Association
www.caea.com
Canadian Alliance of Dance Artists
www.cadadance.org
Canadian League of Composers
www.composition.org/eng.htm
Laws of Canada
www.canada.justice.gc.ca/Loireg/index_en.html
RESOURCES:
Bradley, Pat. Human Resources in the Canadian Theatre: A Guide to Hiring, Contracts, Positions, Benefits & Policies. PACT Communications Centre: November, 1997.
Available at DUO Library
Merritt, Loretta P. and Straszynski, Peter C. Employment Issues for Non-Profit and Charitable Organizations: " Dealing with Employees and Volunteers". Torkin Manes Cohen & Arbus: Toronto, 1999.
Available at DUO Library
Standard Legal Forms and Agreements for Canadian Business, edited by Stephen L.P. Sanderson. Self-Councel Press Ltd.: North Vancouver, BC, 1989.
Available at DUO Library
Legal Aid Ontario
E-mail: infolaw@sympatico.ca
Volunteer Lawyers Service
Kathryn Noxon - Program Director
E-mail: knoxon@cbao.org
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