I have a potential manager that is interested in my partner and me. She asked us to sign a contract for 3 years - is this normal? Thanks!
Potential Manager Wants 3 Year Contract
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Re: Do managers represent a team and the individuals?
Do you want them to represent you as a solo writer?
They may elect not to. I know somebody who is repped as both a solo writer and as part of a team at a big management company, but their agent only reps the team.
You should talk to these managers about how they want to work with you on that.
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Re: Do managers represent a team and the individuals?
Originally posted by Ronaldinho View PostDo you want them to represent you as a solo writer?
They may elect not to. I know somebody who is repped as both a solo writer and as part of a team at a big management company, but their agent only reps the team.
You should talk to these managers about how they want to work with you on that.
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Re: Potential Manager Wants 3 Year Contract
Three years is a long time. There is generally no regulation of management companies like there is for talent/literary agencies, so I suppose they can write in whatever they want, but I'd be hesitant to sign with a rep for that long.
For WGA signatory reps, Rider W of the WGA basic agreement states "The term for a services representation agreement, whether initial or otherwise, shall not exceed two years."
Also, if you submit a piece of material to the rep and they do not sell it with a year, you can notify them that they no longer rep that material for sale and are not entitled to collect commissions on it.
There are also clauses stating that if the rep doesn't procure you work equaling $10,000 in the past ninety (90) days you can terminate the contract.
You can read the whole thing here: http://www.wga.org/uploadedFiles/wri...cts/agency.pdf
If there are no protections for you in this three year contract, I'd be wary. Good luck!
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Re: Potential Manager Wants 3 Year Contract
Get a lawyer to look at contract before signing anything.
Make sure there is an 'out clause' so that you can get out of the contract at anytime with say a 30 day notification.
Without an 'out clause' it's almost like indentured servitude where a writer can be trapped working for free for that particular manager for the duration. If the writer ever disagrees with the manager, the writer has almost zero power the because it's not like you can just go somewhere else. Is that a situation you want to potentially find yourself in? (Although, a good, expensive lawyer could probably get a writer out of a bad contract)
With an 'out clause' the manager does not have the same near-complete control over your writing for a period of time, which encourages a more collaborative relationship versus a manager-as-dictator status. Also with the 'out clause' the period of time of the contract becomes irrelevant, which is why so many reputable managers will work with a 'handshake agreement', and don't require writers to sign an extra long, 3 year, indentured servitude-esque contract.
When presented with the idea of an 'out clause', an unscrupulously type of manager may object saying something like they 'don't want to invest their time only to have a writer leave them'. The writer can counter by saying something to the effect of, 'if we're working well together, why would I want to leave?'
Always be wary of anyone who wants to make money on a project, but doesn't want to risk investing their time or money in that project. It's a business of risks.
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Re: Potential Manager Wants 3 Year Contract
Thanks everyone for the replies! We haven't signed anything yet, still waiting for the final paperwork.
Based on the answers I've received we're not planning on signing AT ALL, and are working towards a verbal agreement/handshake agreement.
Some rationale we've heard about why she would want us to sign a contract is because we're new writers and she wants to protect herself. Is this normal? Thanks again everyone - truly appreciated.
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Re: Potential Manager Wants 3 Year Contract
Originally posted by HairyOtter View PostThanks everyone for the replies! We haven't signed anything yet, still waiting for the final paperwork.
Based on the answers I've received we're not planning on signing AT ALL, and are working towards a verbal agreement/handshake agreement.
Some rationale we've heard about why she would want us to sign a contract is because we're new writers and she wants to protect herself. Is this normal? Thanks again everyone - truly appreciated.Write, rite, wright... until you get it RIGHT.
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Re: Potential Manager Wants 3 Year Contract
By 'protect herself', she means she doesn't want to risk putting time in. She's not willing to risk her time nor her money, but you're expected to risk way more time and effort without protecting yourself?
If she gets to protect herself then you also have a right to protect yourself with an 'out clause'.
If it turns out to be a productive working relationship, the 'out clause' becomes a non issue. Would you date someone without the freedom to walk away anytime you want?
Originally posted by HairyOtter View PostThanks everyone for the replies! We haven't signed anything yet, still waiting for the final paperwork.
Based on the answers I've received we're not planning on signing AT ALL, and are working towards a verbal agreement/handshake agreement.
Some rationale we've heard about why she would want us to sign a contract is because we're new writers and she wants to protect herself. Is this normal? Thanks again everyone - truly appreciated.
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Re: Potential Manager Wants 3 Year Contract
I'd ask what her concerns are. As a manager, I wouldn't want to put major amounts of time, effort, and money into a client who jumps to a more flashy agency just as my investment was going to pay off.
My own manager has had this happen to her; she got a career started, then the writers jump ship to a named agency (and then they get lost in said agency, but that's a different story). An out clause for you is perfectly fair; you don't want to get stuck in a bad situation either.
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