1 Week 2 Discussion Board Discussion Board Assignment Read the ???????????????????????????????? below and analyze/discuss the issues with the proposed contract as if you represent the artist. Discussion Board Goal By completing the discussion board, you will gain a better understanding of contracts as a whole. Discussion Board Specifications Manager is new to the music business, but he is very excited about starting his career as a manager. Right now, he is desperately trying to convince artists to let him represent them. When he attends shows and sees artists he likes, he talks to them after their set. Manager explains that he will do everything he can to make the artists big money and get them excellent deals if they just let him be their manager. As he says, great management is an investment and if the artist is willing to invest in him, they’ll be investing in the right man. Manager doesn’t hide his contract from the artists; he always shows them a copy of his management contract so that they can review it. In particular, he points out that in his contract, his artists are entitled to a lot of great benefits at every gig. He also describes how he will be a one-stop-shop for his artists, so they won’t have to deal with lots of different people just to perform the music they love. Manager also offers to have his lawyer discuss the contract with the artists, so that they get some legal advice before they sign the agreement. An artist who is considering signing this contract already discussed it with Manager’s attorney and now has brought it to you for advice. Please advise Artist on what problems and/or benefits you think the agreement has and whether he should sign with Manager. The contract reads as follows: Whereas, MANAGER is an experienced manager in the entertainment industry; Whereas, ARTIST desires to obtain MANAGER’S advice, counsel and direction in the development and enhancement of ARTIST’S professional career in the entertainment industry; Whereas, the nature and extent of the success or failure of ARTIST’S career cannot be predetermined; and Whereas, it is therefore ARTIST’S desire that MANAGER’S compensation be determined in such manner as will permit MANAGER to accept the risk of failure and likewise benefit to the extent of ARTIST’S success. 2 1. TERM ARTIST hereby engages MANAGER as ARTIST’S exclusive personal manager and advisor for a period of three (3) years commencing on the date hereof. 2. SERVICES MANAGER agrees during the Term hereof to advise, counsel and direct ARTIST in connection with all matters relating to ARTIST’S professional career in all branches of the entertainment industry, including without limitation: (a) in the selection of literary, music and musical material; (b) with respect to publicity, public relations and advertising; (c) with respect to the adoption of proper formats for the presentation of ARTIST’S music talents and in the determination of the proper style, mood, setting and characterization in keeping with ARTIST’S talents; (d) in the selection of music and other talent to assist, accompany or embellish ARTIST’S music presentation; (e) with regard to general practices in the entertainment and amusement industries; (f) with respect to compensation and privileges extended for similar music values; (g) with respect to the selection of theatrical agencies, talent agencies, and other persons, firms and corporations who will counsel, advise, seek and procure employment and engagements for ARTIST; and (h) concerning any other matters as to which ARTIST may request MANAGER’S advice and which relate to ARTIST’S activities in the entertainment industry. 3. FEES & COMMISSIONS As compensation for MANAGER’S services, ARTIST shall pay to MANAGER an initial Set-Up Fee of $500.00 as a one-?time administration fee for the 1st 30 days of service for MANAGER to review and examine existing business plans, contracts, deals and other pertinent business to set-?up operations to manage future business. As compensation for MANAGER’S services, ARTIST shall pay to MANAGER 3 throughout the full Term hereof, as and when received by ARTIST, twenty-?five percent (25%) (herein "Commission") of ARTIST’S Gross Earnings. (a) The Term "Gross Earnings" as used herein shall mean and include any gross monies or other consideration (without any exclusion or deduction) which ARTIST may receive, or which may be or become due or payable to ARTIST as a result of ARTIST’S activities in and throughout the entertainment industry, whether as an actor, performer, writer, composer, author, publisher, lyricist, singer, musician, artist, technician, producer, director, supervisor, executive consultant or proprietor, including any and all gross sums resulting from the use of ARTIST’S music talents and the results and proceeds thereof. As compensation for MANAGER’S services, ARTIST shall pay to MANAGER a 25% interest in all copyrights created, shopped and/or placed during the term of agreement. ARTIST also agrees to pay MANAGER the Commission following the Term hereof upon and with respect to any of ARTIST’S Gross Earnings derived from any and all employments, engagements, contracts, agreements and activities negotiated, entered into, commenced or performed during the Term hereof in perpetuity relating to any of the foregoing, and upon any and all extensions, renewals and substitutions thereof and therefore, and upon any resumptions of such employments, if resumed within eighteen (18) months after the expiration of the Term hereof. 4. ARTIST’S CAREER ARTIST agrees at all times to use ARTIST’S best efforts to devote himself to ARTIST’S career and to do all things necessary and desirable to promote ARTIST’S career and earnings therefrom. 5. SCOPE MANAGER shall only be required to render reasonable services that are provided for herein and when reasonably requested by ARTIST. MANAGER shall not be required to travel or to meet with ARTIST at any particular place except in MANAGER’S discretion and only after satisfactory arrangements have been made for the costs and expenses of such travel to be paid by ARTIST. ARTIST understands that MANAGER is acting hereunder as an independent contractor and that MANAGER may appoint or engage any and all other persons, firms or corporations throughout the world, in MANAGER’S discretion, to perform any or all of the services which MANAGER has agreed to perform hereunder. MANAGER’S services hereunder are not exclusive to ARTIST, and MANAGER shall at 4 all times be free to perform the same or similar services for others as well as to engage in any and all other business activities. (a) In connection herewith, it is specifically acknowledged and agreed that MANAGER shall have the right to act as personal manager for any other musicians, vocalists or other persons whether or not they may be affiliated with ARTIST and that no advice and counsel which MANAGER may render to such individuals in connection with MANAGER’S services to them shall be deemed to be a breach of this Agreement or of MANAGER’S obligations and duties hereunder. 6. CONTROVERSIES In order to make specific and definite and/or to eliminate, if possible, any controversy which may arise between the parties hereunder, ARTIST agrees that if at any time ARTIST believes that the terms of this Agreement are not being performed by MANAGER as herein provided, ARTIST will so advise MANAGER in writing by certified mail, return receipt requested, of the specific nature of any claim of non-?performance or malperformance and shall allow MANAGER a period of thirty (30) days after receipt thereof within which to cure such claimed breach. No legal proceedings may commence prior to the expiration of the aforesaid thirty (30) day period and no legal proceedings shall be based upon any complaint except one contained in ARTIST’S aforesaid notice to MANAGER. Until such time as a court of competent jurisdiction shall render a final determination, this Agreement shall remain in full force and effect with regard to ARTIST’S obligations hereunder. ARTIST agrees that no breach by MANAGER of the terms hereof, unless intentionally dishonest, will be construed as incurable. 7. STANDARD OF CONDUCT MANAGER may terminate this Agreement at any time in the event that MANAGER shall determine, in its sole discretion, that ARTIST through his acts or omissions violate or offend the moral standards in general or the tenets of MANAGER specifically. Upon such determination, MANAGER shall afford ARTIST an opportunity to cure such violation if, in the sole discretion of MANAGER, such violation if capable of cure in a manner such to not to call MANAGER’S own standards into question. If this Agreement is so terminated, MANAGER shall have no further obligations under this Agreement, except to pay ARTIST any Net Income due hereunder. Such violation shall be deemed a breach of a material term of this Agreement and any and all of MANAGER’S rights and remedies shall therein be reserved and not waived. 5 8. BENEFITS ARTIST IS ENTITLED TO AT EVERY PERFORMANCE MANAGER will make sure that ARTIST receives the following benefits from every VENUE that ARTIST performs at: a) A minimum of $5K (50%) shall be paid by VENUE to ARTIST in the name of XYZ. This fee is considered a deposit and, if the performance is cancelled by VENUE (except for reasons of force majeure), may be retained by ARTIST in full satisfaction of VENUE’S obligations. Due to the nature of the booking it is at ARTIST’S discretion whether to forfeit the deposit or apply it to a future event. b) A minimum of $5K (50%) shall be paid in cash by VENUE to ARTIST no later 1 hour prior to the start of any performance by the ARTIST. This payment MUST be made in cash otherwise payment must arrive one day earlier. DO NOT GIVE CHECKS TO ARTIST. c) Twenty (20) all access admission shall be made available by the VENUE to the ARTIST for guest list purposes. d) VENUE agrees to provide a fully qualified sound engineer familiar with the venue’s sound system who shall be present throughout the performance. e) VENUE will supply a booth for merchandise sales and a fully qualified employee to staff it. ARTIST to retain 100% of gross sales. f) All marketing materials to advertise that ARTIST’S XYZ COLLECTION CLOTHING WILL BE ON SALE AT EVENT. g) ARTIST can terminate agreement at will any time up until ONE WEEK prior to ENGAGEMENT DATE. h) VENUE agrees to provide a safe and secure storage area at VENUE for ARTIST’S personal belongings before, during and after performance. VENUE agrees to reimburse ARTIST for any possessions that are lost and/or stolen during EVENT including but not limited to laptop computer, clothing and personal effects at 125% of retail purchase value. i) VENUE shall provide ARTIST with the following, free of charge: a. 10 bottled waters b. 1 plate mixed organic vegetables and fruits c. 6 Gatorade drinks (any flavor) d. 1 Bottle Premium Vodka (Grey Goose, Belvedere etc) 6 e. 1 Bottle Moet Champagne f. 2 Bottles lower end Champagne g. Various drink mixers (orange, cranberry, tonic, soda etc) h. 2 towels i. $100 per diem paid in cash j. White poster board & marker for merch booth k. Inflatable swimming pool raft, suitable for two people (see image below) l. 2 Super Soaker brand powered or pump water guns (see image below) j) VENUE shall pay for and maintain valid and comprehensive general liability insurance as required by the laws governing the venue. VENUE agrees to indemnify the ARTIST against any third party claims howsoever they may arise while ARTIST is involved in contractual duties. k) FORCE MAJEURE: If any EVENT is cancelled as a consequence of Force Majeure including but not limited to closure of venue because of any public calamity, political unrest, armed conflict, epidemic, fire, strike or Act of God, no claims shall be made against VENUE. ARTIST shall have the right to cancel this contract without liability if in his sole and absolute judgment riot or civil disorder may endanger the life of, or safety of, ARTIST and his party if the engagement takes place. No claims shall be made against the ARTIST in respect of non-?fulfillment of the terms of the performance with regard to any venue so affected. l) No penalties shall be applied to ARTIST other than no salary being payable in case of ARTIST’S failure to perform due to ill health provided that a doctor’s certificate is produced by the ARTIST. m) The person executing the Agreement on VENUE’S behalf warrants that he has the right to enter into this contract and is of legal age, and personally assumes liability for the payment of all compensation and the performance of all VENUE’S obligations. n) All of the provisions of this contract are of the essence and failure by VENUE to comply with any of them shall constitute a material breach of contract based upon which ARTIST shall be entitled to cancel the performance without prejudice to payment in full. If VENUE is unable to meet any of the 7 requirements stated in this list, VENUE shall be liable for any fees, charges or remuneration incurred by ARTIST to obtain such service of items. _____________________________________ Date:________________ (“MANAGER”) _____________________________________ Date:_________________ ???? (“ARTIST”) Deliverable Due • Enter an initial post by Wednesday (midnight, EST) answering the discussion question. • Enter a response post by Sunday (midnight, EST) to at least one of your classmates’ posts. • Your initial post must be a minimum of three paragraphs and cite at least one source (outside of course materials) that supplements this topic. • Your response post must be a minimum of one paragraph. It is not necessary to cite an outside source if one is not used. If one is used, please cite it appropriately. • Follow the guidelines as outlined in the Discussion Board Rubric. Grading Criteria - See attached rubric. Grade Weight: 5% ???? ???? ???? Discussion Board Rubric Criteria Superior 20-18 points Above Average 17-16 points Average 15-14 points Below Average/Failing Below 13 points Individual Input and Initiative [20%] • Contributions enhanced instructor’s vision for assignment • Inspired rich responses from colleagues • Surpassed typical expectations • Accurately reflected instructor’s intentions • Response affirmed discussion’s focus and direction • Response appropriate to subject • Generally competent, though little sense of engagement • Response revealed little understanding of subject • Lack of compliance with discussion goals • No energy or enthusiasm conveyed Group Participation and Interaction [20%] • Participation fostered “team spirit” • Brought “life” to group • Radiated respect for colleagues • Encouraged and supported colleagues • Diplomatic in disagreement • Participation consistent and rewarding • Comments not integral to discussion (e.g. “I agree with...“) • Courteous, though little rapport with colleagues • Off-topic postings • Irrelevant or outof- context responses to colleagues • Lack of courtesy and etiquette Critical Thinking and Analysis [20%] • Insightful • Fresh, stimulating perspectives • Richly detailed • Comprehensive • Persuasive • Perceptive • Effectively detailed • Logical • Coherent • Good continuity • Competent • Perspectives well- stated, but commonplace • Adequately detailed • Responses did not reveal even minimal grasp of concepts • Little analysis or demonstration of understanding Sources and Resources [20%] • Readings fully integrated into response, and cited correctly • Outside sources well-chosen, with serious effort, and fully cited • Stimulating anecdotes with appropriate detail • Readings wellintegrated into response, and cited correctly • Outside sources only somewhat relevant, though cited correctly • Relevant anecdotes with appropriate detail • Readings acknowledged in response, and cited correctly • Outside sources not utilized correctly, or were inappropriate • Marginal anecdotes with adequate detail • Readings not integrated whatsoever into responses • No outside sources • No relevant anecdotes Grammar [20%] • No significant errors (spelling, grammar, usage, punctuation, capitalization, structure, organization & style) • Presentation enhanced content • Few or minor errors • Presentation adequately conveyed content • Frequent or major errors • Presentation diminished content • Errors abounded to point of distraction • Presentation defeated content Point Deductions: Failure to appropriately cite outside resource – 5 points per incorrect citation Non-repetitive typographical errors – 1 point per error DISCUSSION BOARD EVALUATION CRITERIA 1. Individual Input and Initiative This category examines what you, the student, “brought to the table” in the discussion with your colleagues and in response to your instructor’s intentions for the assignment: • Did you enter “on target” by firmly addressing questions initially posed by your instructor on the discussion board? • Did your points build upon this material, perhaps stimulate related questions for the group, and thus enhance the overall dynamic of the discussion itself? Applicable Adjectives, Concepts, and Terms: • accuracy, comprehension, development, direction, energy, engagement, enthusiasm, focus, interpretation, pertinence, relevance, understanding 2. Group Participation and Interaction This category evaluates your interaction with colleagues in the discussion: • Did your responses complement those of your colleagues, by building upon their previously-posted comments in a relevant and subject-enhancing manner? • Did your responses reveal accurate comprehension and adequate consideration of your colleagues’ perspectives? • In general, were your contributions effective and productive toward furthering group discussion? • Did your responses and overall tone embody courtesy and supportiveness, particularly in areas of intellectual disagreement with colleagues? Applicable Adjectives, Concepts, and Terms: • contribution, diplomacy, encouragement, etiquette, respect, support, tact, team-building 3. Critical-Thinking and Analysis Courtesy, enthusiasm, comprehension of subject and instructions are each important—but unless accompanied by meaningful content, all are inconsequential. Think of this as the peak of your posts — the summit to which all other criteria are directed. • Were your discussion points well-reasoned and well-supported? • Did your input reward colleagues with interesting insights, revealing full understanding and a comprehensive analysis of the subject? • Did your responses integrate and synthesize opinions and perspectives previously posted by colleagues on the discussion board? • Was there consistency and continuity in what you offered the group? Did the responses convey an adequate sense of “flow” and have smooth transitions? • Could your input be counted on to be informative, stimulating, and perhaps even persuasive? Applicable Adjectives, Concepts, and Terms • challenging, coherence, comprehensiveness, consistency, defense, development, insightful, interesting, interpretation, logical, organization, perceptive, persuasive, provocative, reflection, stimulating, unity, validity, well-argued, well-reasoned, well-supported 4. Sources and Resources Primarily, this assesses the following: • Did you properly integrate, quote, and cite course content within your discussion board responses? Looking beyond the assigned readings, however, demonstrates an appreciation for other sources that you may have chosen to apply. • Were outside sources integrated well into responses, and then cited appropriately? Also respected and acknowledged are stories and anecdotes from your own career or life experiences, or from those of admired peers. • Were the anecdotes offered with proper focus and relevant detail toward the discussion subject? • Did the anecdotes enhance or constructively expand the subject under discussion? Applicable Adjectives, Concepts, and Terms: • analogies, anecdotes, documentation, examples, relevance, quotations, selectivity, support 5. Presentation and Style In short, this is the “mechanics” of discussion participation: • Were proper spelling, grammar, punctuation, and capitalization all adhered to? • Did your discussion board entries display a consistent command of sentence structure, paragraph organization, and effective vocabulary? • Did your presentation of ideas and examination of topics possess unity and focus? • Was there an overall sense of clarity and coherence to your discussion board postings? Were transitions smooth? Were details varied? Did digressions or over-elaborations mar the work at times? • Overall, did style properly convey, or even enhance, the essence of your content?