Management contracts

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  • #16
    Re: Management contracts

    Originally posted by bobloblaw View Post
    Thanks again for all the advice! But just to clarify one point made by Hilario, about managers in general: if a client goes with one while having an existing project already in the works, is it really unfair for the client to insist that particular project not be subject to their future commission payments (since the manager had NOTHING to do with it)? Basically, what's to stop a manager from taking a client on simply to make a few bucks of said project, while having zero intention of doing anything else?

    Obviously, another potential trap of having a contract.
    +1 on what everyone said, deal sounds terrible. My limited but good experience with a well known management company is 10%, handshake (really just discussion), and no automatic attachment, including up front conversation that though they do produce, mgmt comes first, always.

    But on to your question, you said your other project is in preproduction; meaning that they've actually started casting, the director is hired, a shooting start date is looming ... theoretically, and perhaps only in theory, you should've been paid already. So no 10% (or highway robbery 15%) to take. But maybe this is a different preproduction, where there's still a lot to be done, and money hasn't changed hands yet, and it's more in development than active preproduction...

    But, as you'll hopefully pass this guy up, let's say a great, legit manager comes around the way and you haven't been paid yet. Once you bring him/her up to speed on your in-preproduction project, a legit, well connected manager is going to start working all the angles--calling the producer, letting them know they deal with him/her now, helping negotiate if you haven't already (yes, I know mgrs don't legally negotiate), etc.

    I met an executive, on my own, the same time I met my manager. Many months later I had drinks with the exec, not set up by my manager, not a general, just friendly ... and pitched her an idea which my management company had reviewed and didn't shine to. She loved it, now we're meeting on it.

    First thing I did after the meeting? Let my reps know so they are in the loop, and I have no problem with them getting their 10% on this one ... because first thing they did was called the exec to say hello, and started working the angles (reaching out to the attached talent's management, etc.)

    Here's the simple thing to remember: a good manager is going to do so much for you that you will agree they earn that 10%, even if the idea or connections predate them. Good managers move things forward.

    Bad managers, on the other hand, demand to be attached as producer to everything, charge 15%, etc, etc.

    Good luck.

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    • #17
      Re: Management contracts

      Would love to know who's contract this is, if only so I don't ever query them.
      It's the eye of the Tiger, it's the thrill of the fight

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      • #18
        Re: Management contracts

        http://messageboard.donedealpro.com/...tract+question

        Thought I had a lingering sense of deja vu.



        Thought I had a lingering sense of deja vu.



        Thought I....<cough>

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        • #19
          Re: Management contracts

          Yup. Different manager, different project. But unfortunately, same concern.

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          • #20
            Re: Management contracts

            Originally posted by thought_arcade View Post
            http://messageboard.donedealpro.com/...tract+question

            Thought I had a lingering sense of deja vu.



            Thought I had a lingering sense of deja vu.



            Thought I....<cough>
            The really sad thing is... I wonder why I didn't? I even replied (twice!) in the previous thread.

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            • #21
              Re: Management contracts

              Originally posted by bobloblaw View Post
              Yup. Different manager, different project. But unfortunately, same concern.

              Whoa, seriously? I feel for ya, I really do. I thought for sure it was the same guy, and thought you might get raked over the coals a bit for staying in what was already a bad situation. Man.

              But hey, obviously people like your work, even if they are of dubious pedigree. Surely someone legit (with reasonable/standard terms) will grab you.
              Last edited by thought_arcade; 08-11-2011, 12:04 PM. Reason: Edited for added positivity!

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              • #22
                Re: Management contracts

                I'm no expert, but between SBSCRIPT and MICHAEL B, you have two highly reputable managers who u can ask advice, and I'm almost certain no reputable manager demands to have a contract signed.

                I've never had a contract with my managers or agents. And I think no reputable mgr asks for 15 percent.

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                • #23
                  Re: Management contracts

                  I've never had a client sign a contract. Nor have any of the lit managers that I know.

                  I sign a client with a handshake.

                  Best,

                  Michael
                  twitter.com/mbotti

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                  • #24
                    Re: Management contracts

                    Some managers like Jewerl Ross will have any potential client sign paperwork, in Jewerl's case it's a 2 year commitment.

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                    • #25
                      Re: Management contracts

                      If only I could find myself a manager like SBSCRIPT and MICHAEL B!

                      Just as a followup, last Thursday I responded to that manager with an email, saying that I needed the 'expenses' clause taken out, the 'attachment' clause removed, a six month 'out clause' drawn in, and the language of 'artist's earnings' to be more specifically defined, so earnings from my already existing deal would not be included. I wrote 'let me know if you are agreeable, and we can talk further' (at which point I would have objected to the 15 vs. 10 percent -- I simply wanted to see how he'd react to those relatively no-brainer requests first). He responded that he needed to 'think about it over the weekend, and get back to me on monday'. Haven't heard from him since!

                      He was obviously just looking for 'free money' because he knew I already had a film deal in place. And to become attached as co-executive producer. And probably charge me thousands in 'fedex' fees along the way!

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                      • #26
                        Re: Management contracts

                        Interesting. I was approached with a bull%$@ contract that had the exact same clauses. Same 15%. Didn't need a lawyer to see it was not in my best interest. I wonder if some of these "managers" are using the same template they bought off the internet for their contracts.

                        And probably charge me thousands in 'fedex' fees along the way!
                        ...and tell you it's standard practice if you throw a fit.
                        One must be fearless and tenacious when pursuing their dreams. If you don't, regret will be your reward.

                        The Fiction Story Room

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