Improspectives

Improv skills lead to success

Performers, Releases, and Misrepresentation

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I straddle two professional worlds — technology and performance. Those fields overlap in more ways than you might expect, especially when it comes to the types of contracts we’re asked to sign.

Note: I am not a lawyer. The following statements are not legal advice. If you have any legal questions about a contract or its terms, consult an attorney who is licensed to practice in your jurisdiction.

Contracts are put in place to codify an agreement between two or more parties. Almost all contracts have an “entire agreement” clause, which states that the written document is the sole representation of the agreement between the parties. That means that any side conversations, verbal agreements, or even written statements not included in the contract are non-binding and unenforceable. They don’t count. What matters is the signed document.

Because contracts matter so much, each party is motivated to negotiate an agreement that is most favorable to them. Reality television show contracts, created by the production company and to be signed by the individuals appearing on the show, are some of the most one-sided contracts available. Terms include the right of the production company to misrepresent a person’s statements, actions, or motivations for the sake of drama. I probably don’t have to tell you that this provision is slightly weighted in favor of the producers.

Recently, Maker Studios’ Polaris unit started taping footage for GAME_JAM, a reality show intended to run on YouTube. The show was set up as a team competition (like Top Chef or The Amazing Race), so there was some tension to the scenario. Polaris offered one-sided contracts to potential participants, with mixed results: some people signed them, some negotiated better deals, and some refused to sign but were allowed to participate anyway. That last consideration is telling…would the show have gone forward without their participation? Were not enough qualified programmers interested?

The GAME_JAM project came to a crashing halt when a production company employee attempted to create controversy by asking if teams with female programmers were at a disadvantage. After one day, the individuals who were not under contract walked away from the project, forcing it to shut down.

The lesson for employees, independent contractors, and performers is obvious. You can decide which projects to take on and under what circumstances. If you’re offered a contract, have a lawyer or (if you’re a performer) an agent look it over and get their advice on how to make it better. Yes, you have to pay for their services, but it’s often worth it. If you don’t have an agent when you’re offered a role, don’t worry. If you approach an agent with a contract offer in hand, you are giving them a shot at 15% (or the rate you negotiate) of a relatively sure thing. Even if it’s just for that single deal, having an experienced attorney or agent on your side gives you leverage and removes you from the negotiations, allowing you to concentrate on your performance.

And you can always walk away.

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