Clear Agreements Long contracts are a nightmare for many artists and other artists active in the field of imculture. However, it is worth formulating the main rights and obligations of the contracting parties in a treaty and specifying them in writing. This information contains very briefly the following: Silence on a “commercial confirmation letter”, When the contracting parties enter into an oral agreement and the contractor then sends a letter of confirmation to the artist, the artist should immediately object to any content that does not comply with the previous oral agreement. Otherwise, his silence may be interpreted as an acceptance of the contents of the confirmation letter. This principle, once rooted in commercial use, is recognized by the case law and applies to all independent contractors. The review is a fundamental element of an ethical contract that allows both parties to benefit from the agreement. The rights and obligations of the parties should be carefully explained to avoid misunderstanding or breach. In the absence of consideration, a contract is not legally binding because it does not provide a specified value for a performance or task. End of contract According to the contract, the contract ends with the performance of the subject of the contract, after the expiry of the term of the contract or in the event of termination of the contract. It is particularly important to establish appropriate rules for termination of the contract for long-term contracts (for example. B service contracts). Applicable law and competent jurisdiction In the case of a contract between the contracting parties based in different countries, it is important to agree on the applicable law and jurisdiction. This clarifies the legal provisions in force.
For example, if it was agreed that German law applied, the BGB rules apply with regard to the conclusion of a contract, formalities, rights and obligations, etc. The same goes for the court. As a general rule, the contractor is sued at the head office of his head office, i.e., if necessary, abroad. However, there are exceptions and it is therefore wise to approve in writing and, if possible, outside all the terms and conditions of sale (CGV) to a court (not a particular court). Such jurisdictional agreements apply to legal entities and therefore come into play when an artist, theatre group or artist collective enters into a contract as a stand-alone company. Verbally or in writing? A contract is entered into when the contracting parties have agreed on the respective service obligations, i.e. where there are two identical declarations of intent for the conclusion of the contract. Contracts are not linked to any particular form. As is often the case in practice, they can be concluded verbally, for example by phone or by a handshake in the studio. No further written confirmation is required for the effectiveness of the contract.
In the event of a failure in the performance of the contract, for example. B in case of overstays, not (within the deadline), disagreement on the execution of the order, etc., a written contract can be very useful, if not necessary. Indeed, any person who refers to a contractual obligation of the other party must be able to prove that obligation. Firstly, the Community acquis provides a solid basis for the formation of contracts, by the principle of contractual freedom and by the principle that the agreement is essential for the binding nature of the parties. To avoid legal issues in the future, the parties must agree on this point by setting a value for certain goods, services or job performance. The examination legally binds a contract and protects both parties from possible actions or misunderstandings.