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Legal advice re bogus contract or breach of contract


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Sorry about this, but only yesterday I found out the hard way that I had been cheated by an 'entertainments manager' based in W. Yorkshire, who had kept me waiting since the beginning of June for non-existent bookings for my act.

 

Several weeks ago, he emailed me a contract several pages long, which was for the most part professionally written; I read it in full, signed and sent off a copy, and on querying a couple of minor inaccuracies, I was assured that he would correct those; apart from that I was broadly satisfied that he was genuine.

 

Because the contract forbade me from seeking any other paid entertainment work (and most unpaid work as well) from the date signed, I had to keep my cards close to my chest and not to pursue any other work until I found out the bad news just yesterday, resulting in a mad rush around all potential employers/venues to chase up alternative opportunities which are now possibly lost to me.

 

The question is: WHAT kind of legal action is now open to me:

 

a.)Should I contact TRADING STANDARDS in the town where he is based?

 

b.)Should I contact C.A.B. and/or the Ombudsman in the town where he is based, or in Sheffield, where I live?

 

c.)As I have not a penny to my name, which solicitor would be best regarding SPECIFICALLY ENTERTAINMENT matters? I know IRWIN MITCHELL offer some free advice, but will they be any good re. specialist/Entertainment issues?

 

d.)As I was compelled to not pursue any other opportunities for the period since I signed the contract, could I sue for 'Loss of Earnings'? I was relying on this individual for what he promised was a steady job, 5 days well-paid entertainment work a week, with a considerable amount of mentoring, support, even transport to/from gigs thrown in. I'm now investigating whether any of this, plus any of the other details surrounding him, is in fact true.

 

e.)If a lot of the above details he promised/alleged are untrue, would he be potentially guilty of any CRIMINAL offence, e.g. 'misrepresentation', for example claiming to have a role in organisations/links with people he did not?

 

 

In the meantime, I have been getting a lot of advice from close friends in the Entertainment industry; for example one friend who runs a club in the region gave his view below, especially re. the issue of 'termination fee' and legal action re. the contract.

 

Any help would be much appreciated, with respect to anyone else who has suffered the same kind of cheating...:rant::thumbsup:

 

Quote:

 

I wouldn't worry about it, as ******** is obviously less than professional himself. Drag queens are meant to be outrageous. ************. Furthermore, he's seen your style and appearance before, so if that's a problem now, why wasn't it a problem before?

 

I think he's doing this because he knows he can't keep lying to you and that he's going to be unable to fulfil his role as a manager. I'd also suggest checking your contract, as you may be able to negotiate some kind of termination fee or else threaten him with legal action.

 

Unquote.

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If he (agent) hasnt carried out his side of the contract then i would have thought you could back out without paying sqat. You had a reasonable expectation of work and he has not proided you with any therefore is in breach of his own contract.

Its hard without seeing the contract as things are often put in the small print.

But its totaly unreasonable to expect you not to persue your own work if the agent is not providing you with any. This wouldnt stand up in court as you have to make a living.

I would say look for your own work, send him a letter saying as he's not given you any work he is in breach of contract so as such your canceling the contract. Send it recorded delivery so you have proof its been sent.

If he wants to take it further let him, your broke, he cant take what you aint got.

hope it helps

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If it was his end of the contract to deliver work, which he's not doing, then he's in breach of his side of the contract and therefore you can call the whole contract off without him being able to do anything about it.

 

It's worth bearing in mind that while solicitors will give advice in their initial free session, this will not including sending of letters or giving you anything in writing with which to defend any claim against you or fight your corner.

 

My advice if you really have no money is to take your free advice session and then to pursue work yourself and wait to see whether he tries to sue you for breach of contract before engaging a solicitor to defend yourself against the charge or countersue. I don't think that you need a specialist solicitor for the entertainment industry- this is a contract and any business solicitor will deal with breach of contract.

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tbh he's an agent - he can't guarantee anything,neither can you hold him to that. His defence would always be that he represented you to the best of his abilities but your services were not suitable. It's the same in the modelling game and in the WMC's.

 

Severance of the contract would be step 1 - citing breach of contract if you wish. This would then allow you to pursue personal engagements.

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BTW, the title of this thread alleges it is a bogus contract, which is very different to it being a breach of contract. You might want to be wary of what you allege; if the guy has simply let you down on a contract that's not quite the same as bogus; after all I can't see that you have paid him any money so he had nothing to gain by getting you to sign it.

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This does not sound right, example as a entertainer YOU should have your own contract which you set out with your terms of payment cancellation fees etc.

 

I would imagine the so called contract he sent you, would be tailoured to the agency, there is a standard contract that is used with agencies to venues in respect of performance, cancellations etc.

 

In future make sure you have a contract of your own that covers your terms, and always state on any invoices your terms of due by payment, and cancellation fee within a particular time period.

 

In 30years in this industry I have never kown of a agency who puts in a contract that they will provide transportation for a artist especially at the level in entertainment you are.

 

As for claiming to have a role in organisations etc, that is called professional BullCrap most if not everyone does that, me included, even yourself claim in your signature to be famous.

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