Retainer Agreement-A mutual understanding between client and attorney about their relative rights and duties regarding past or future performances (a manifestation of mutual assent), whereby a client authorizes an attorney to act in a case, the attorney needed an express retainer before making a settlement offer.
Partnership Agreement-A contract defining the partners’ rights and duties toward one another. Points to consider:
· Removal/admission of a partner
· Dissolution terms
o Winding Up and Termination
o Distribution in the Event of Continuation
o Rights to use of names
· Rights, Powers, Duties and Restrictions
· Consent of the spouses
Personal Management Agreement-A contract that is legally binding between a manager and a performer or artist, and it sets out the core terms that characterize the manager/artist relationship (Personal Manager is not an Agent). Points to consider:
· Services to be provided (such as counseling on proper style)
· Authority of Manager
Agent- One who is authorized to act for or in place of another; a representative
Agent Contract-An oral or written agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the student athlete a professional sports contract or an endorsement contract.
Athlete Agent-An individual who enters into an agency contract with a student athlete, or directly or indirectly recruits or solicits a student athlete to enter into an agency contract, and does not include a spouse, parent, sibling, grandparent, or guardian of such student athlete, any legal counsel for purposes other than that of representative agency, or an individual acting solely on behalf of a professional sports team or professional sports organization.
Athletic Director-An individual responsible for administering the athletic program of an educational institution or, in the case that such program is administered separately, the athletic program for male students or the athletic program for female students, as appropriate.
Endorsement Contract-An agreement under which a student athlete is employed or receives consideration for the use by the other party of that individual’s person, name, image, or likeness in the promotion of any product, service, or event.
Intercollegiate Sport-A sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association for the promotion or regulation of college athletics.
Professional Sports Contract-An agreement under which an individual is employed, or agrees to render services, as a player on a professional sports team, with a professional sports organization, or as a professional athlete.
Student Athlete-An individual who engages in, is eligible to engage in, or may be eligible in the future to engage in, any intercollegiate sport. An individual who is permanently ineligible to participate in a particular intercollegiate
y-Original screenplay, which is the subject of movie.
Blind Booking-requiring a theatre to buy rights to show a movie without allowing the theatre to preview it.
Block Booking-requiring theatre to buy a package of films, rather than to be able to buy 1 at a time. Practice was made illegal following the Paramount case in 1948.
Break Even Point-If movie cost $105M it would have to make $210M in order to break even (cost was $105, but need to remember theaters get 50% of all screen revenue).
Cost to make = $105M
% of screen receipts to theatres= 50%
% of screen receipts to Paramount = 50%
Movie brings in $210m x .5 (Paramount costs) = $105m break even point
Clayton Act–bars mergers, which lessen competition or tend to create monopoly
Completion Bond- an insurance policy serving as a guarantee movie won’t go over budget. If it does, studio is on the hook for cost overrides if it doesn’t back out.
Composite Print (Exhibit “B” number 1) The final deliverable One complete, final composite 35mm positive print of Picture, fully color corrected, fully cut, main and end titled, edited, scored and assembled with soundtrack. Must be ready for exhibit and distribution (the ‘answer print’).