Establishing your career as an artist, getting engagements, publicity, and building a life-long career can overwhelming, which can be a major distraction from the real work of creation.
Having multiple oceans, or even a few borders separating you and your marketplace can make it even more overwhelming. This becomes the domain of talent agencies. These specialists have the skill and training to navigate the troubled waters of the creative field and linking your talent with employment opportunities.
The task of choosing an agent and the terms of their engagement becomes a very difficult task. Appreciating what comprises a fair arrangement, what actions and provisions should be mandated, and how to gauge success or failure can overwhelm the canniest creative. This is where we enter the stage.
An Important Process
Entering an agency contract is a complicated process that involves numerous spheres of expertise and law. This should not be entered into lightly. Our team is skilled and experienced to assist you with every stage of this process – from early negotiation, to drafting, to final execution and review.
Negotiation:Starting from a base offer, it can be difficult to create binding agency contracts. Whereas most offers are framed as “take it or leave it”, the truth is that you often have many more options than the opposite party would want you to believe. We can help negotiate the terms for you, if you are not satisfied with the terms of an offer, or just need to work out the fine print. This comprises drawing up a list of enforceable terms, and thoroughly negotiating with opposing counsel to get you the best deal you can get.
Drafting: After you have an agreement with an agent, the deal still must be formalized into a binding contract. While you may think the deal settled, it will be tough to hold the other party to the agreed upon terms. Getting from an offer or agreement, to a binding contract can be tricky. We, at Kashyap and Kashyap, can help – by drafting a contract that communicates the totality of your agreement, in a form carefully tailored to protect your interests and within the limits of the law of the land.
Execution: When an agency contract is negotiated and written, it still must be implemented to become binding. While enactment is usually a simple process, making deals across borders can make this process a burdensome ordeal. Our attorneys, at Kashyap and Kashyap, work to enable the execution of contracts across borders, to confirm that the necessary requirements for all appropriate jurisdictions are met to solemnize your agreement and make it enforceable.
Review: At Kashyap and Kashyap, we can also act on agency contracts you’ve signed with a detailed review process. We will pull out the pertinent details of your contract – translating “legalese” into clear and concise terms for you. We can also position these terms into the larger legal context – explaining just what rights are augmented or surrendered away by the agreement, and how much of the contract can be enforced on either party.
We Can Help!
Going through the process of entering into an agency contract unaided can prove difficult without experienced legal advice. But we are here to help.
We can help with the process of drafting and entering the right agency contract for you – whether in the form of contract drafting, negotiation, execution or review. We also provide comprehensive consultation services – both for specific offers and overall talent advice.
Our offices use only the most selected and qualified corporate lawyers available, trained and licensed in both the US and India. We provide these legal services through our New Delhi and Gurgaon offices, online, as well as in-person, onsite visits for larger international corporations.