Agency Contract Help URGENT
Moderator: busybusybusy
Agency Contract Help URGENT
Ds had been excepted by a really good adult agent, when ds joined old agent he was only 11 so I had to sign for him, he will be 17 next month should his old agent not have got him to sign a contract by him self as now any work he dose he signs the paper work. Ds new agent has offered old agent all commission on any work they can get for ds until 13th September when the 3 weeks notice is up old agent said no way. Ds phoned up Equaty 3 weeks ago left message as he is a member pays over £100 a year they got back phoned again on Monday then emailed them phoned on Tuesday to talk to some on to be told that legal department to be told that they look at the most important contracts first, ds phoned 3 weeks ago it is coming up to 1 month of his notice he has 2 to go so looks like Equaty might not answer for a long time and if contract is not legal any more because old agent did not get ds to sign a new contract then he will have had to stay 3 month when he could have been with new agent that time. Do Equaty treat there young member the same as older members? Just wondered if any one on here can give ds advise should agency have got him to sign new contract as Equaty is just not answering him just hope some one can give ds the answer. Thanks
Re: Agency Contract Help URGENT
I'm really sorry to hear you're having such problems. The agency just sounds like they're being really vindictive, so unnecessary after your ds has been with them for so long, you would have thought they would want to leave on good terms and remain friendly especially if he is lucky enough to go on and become really successful, he won't remember them kindly now 
Such a shame, people move agencies all the time for various reasons, most adult agencies are done on a "handshake" agreement with no need to put in any penalty clauses, the relationship should always be friendly and beneficial to both parties.
I think it's to your advantage that your ds is still a minor (under 18). It is very hard in contract law to enforce a contract with a minor, whether or not the parent has signed on their behalf.
For example:
“...a contract with a minor is voidable. That means the minor is able to cancel any contract at any time before reaching the age of 18 and for a reasonable period after that time. There is no requirement for the minor to have a justifiable reason for this, it can be done on a whim or where it may be advantageous to the child to do so."
"A court would not "force" any person (whether it be an adult or minor) to carry out a contract for personal services because as a matter of public policy, parties should not be forced to continue in a personal relationship against their will."
Even where the parent signed it on the minor's behalf (is the contract in the parent or the child’s name?), if it’s in the child’s name there have been cases in court where the judge has said that a parent cannot be held responsible automatically for the contract of a minor because that defeats the fundamental proposition that a minor cannot be bound.
So you could get your ds to terminate the contract himself - he could send a letter with "Without Prejudice" at the top (in case it goes to court) and cite the following case:
"I draw your attention to the case of Proform Sports Management Ltd v Proactive Sports Management Ltd [2006] EWHC 2903 where the High Court considered a contract that Wayne Rooney had entered with his agent and this was found to be voidable on the basis that it was not necessary to permit Rooney to earn a living. Instead the contract was seen to be a “trading contract” even though the contract added value to, and facilitated Rooney’s career. The contract was therefore voidable at Rooney’s option."
The “Without Prejudice” at the top is in case they decide to take you to court. However there really is no chance they would have any success in a small claims court now for any “breach of contract” claim for damages, as they have refused to accept the very generous and advantageous early termination agreement offered by you and your new agent, and this would go against them in court proceedings.
Basically they are the ones behaving really badly, having a signed contract does not allow them to act against the best interests of a minor who is protected by law.
Such a shame, people move agencies all the time for various reasons, most adult agencies are done on a "handshake" agreement with no need to put in any penalty clauses, the relationship should always be friendly and beneficial to both parties.I think it's to your advantage that your ds is still a minor (under 18). It is very hard in contract law to enforce a contract with a minor, whether or not the parent has signed on their behalf.
For example:
“...a contract with a minor is voidable. That means the minor is able to cancel any contract at any time before reaching the age of 18 and for a reasonable period after that time. There is no requirement for the minor to have a justifiable reason for this, it can be done on a whim or where it may be advantageous to the child to do so."
"A court would not "force" any person (whether it be an adult or minor) to carry out a contract for personal services because as a matter of public policy, parties should not be forced to continue in a personal relationship against their will."
Even where the parent signed it on the minor's behalf (is the contract in the parent or the child’s name?), if it’s in the child’s name there have been cases in court where the judge has said that a parent cannot be held responsible automatically for the contract of a minor because that defeats the fundamental proposition that a minor cannot be bound.
So you could get your ds to terminate the contract himself - he could send a letter with "Without Prejudice" at the top (in case it goes to court) and cite the following case:
"I draw your attention to the case of Proform Sports Management Ltd v Proactive Sports Management Ltd [2006] EWHC 2903 where the High Court considered a contract that Wayne Rooney had entered with his agent and this was found to be voidable on the basis that it was not necessary to permit Rooney to earn a living. Instead the contract was seen to be a “trading contract” even though the contract added value to, and facilitated Rooney’s career. The contract was therefore voidable at Rooney’s option."
The “Without Prejudice” at the top is in case they decide to take you to court. However there really is no chance they would have any success in a small claims court now for any “breach of contract” claim for damages, as they have refused to accept the very generous and advantageous early termination agreement offered by you and your new agent, and this would go against them in court proceedings.
Basically they are the ones behaving really badly, having a signed contract does not allow them to act against the best interests of a minor who is protected by law.
Re: Agency Contract Help URGENT
Talked to Equity legal person he said that ds old agent can hold him to contract, but new agent can start to put ds forward for projects 4 weeks before contract ends with old agent that is only 1 month away so a bit better Martin from Equity only deals with contracts so am going to go by what he says