Dancers: Is Your Contract Knowledge en Pointe?
A note from Caitlin:
I’ll never forget my first professional contract. It was mailed to me in a huge, thick envelope that I tore open. I couldn’t believe it - somebody was finally giving me a chance!
I remember reading through the pages, my eyes going glassy and my mind tuning out as I skimmed through a lot of information that I didn’t really understand. Instead of taking that as a sign that I needed to do more research, I decided that the company probably knew better than me and I should just sign it, no questions asked.
🚩 Dancers - please don’t do this! I had so many questions, some that I should have asked an attorney and some that I should have asked the company. Unfortunately, I had been so conditioned to believe I was replaceable that I was afraid they would immediately retract their offer and my contract would disappear into thin air if I spoke up.
Thirteen years later, I use contracts in my work more than ever. Some I send to my clients, and some I receive for work I am hired to do as an Independent Contractor. I recently had to walk away from a contract offer because we were unable to come to a mutual agreement. This option was only available to me because I did my due diligence and took the time to understand what I was agreeing to before signing.
I have been itching to provide more education on contracts to this community. With as much as I have learned over the years about contracts and negotiations, my legal knowledge is still limited. Fortunately, we have amazing professionals in the field who are willing to share their expertise. Please enjoy this guest blog post from ballet dancer and attorney Cielomar Puccio!
As dancers, we tend to be creative people. During our training, our focus is on technique and artistry as opposed to the business aspect of our career. As we advance into the professional world and are offered our first contract, it can be a rude awakening. Most dancers don’t know what they should be looking for, or even how contract negotiations will develop.
Even though each company has its own unique way of negotiating, I’ve compiled some universal guidance that will be helpful in any situation. Keep reading to learn some general recommendations to give you a leg up on your next contract negotiation!
Where to start:
What is a contract? A contract is a legal document in which the “rules of the game” are clearly laid out so that all signing parties are aware of what is requested from each as well as the penalties if any clause is breached.
This does not mean that contracts should be seen as something negative or positive. It does mean that they need to be addressed in a serious manner. You should arrive at all contract meetings prepared to communicate in a clear, professional manner.
It is of the utmost importance that you take the time to understand all the clauses of the contract so that you know what to expect and what will be expected of you. If you have questions or do not understand something do not be afraid to speak up and ask. Negotiations are a two-way street. At the very least, you should understand what the contract says and let the company know if there is something that you cannot do or comply with.
There is a chance that an attorney representing the dance company could be present at your meeting. You also have the right to bring an attorney to the meeting with you or to ask permission to take a copy of the contract to your attorney before signing.
Do not sign if you do not understand what you are signing. This is the easiest way to enter into misunderstandings with your company that could lead to a breach of contract, penalties, and/or a broken professional relationship.
The Contract
The first introductory clauses of the contract are very important. They include the two or more parties that are entering into the agreement along with their identification information. Check that your information is correct - this is the information that will most likely be used for tax-related documentation.
As you continue to read through the contract, make note of whether you are being hired as an employee or an independent contractor. There are differences in the rights and obligations of each regarding health care benefits and how taxes will be filed, among others. Once you know your designation, consulting an accountant is always a good idea so that you do not have any surprises when filing your taxes.
As mentioned before, every contract is unique and laws, rules, and regulations specific to the jurisdiction in which it is executed will apply. The following are the most common clauses that a dancer can expect to see on their contract described in very general terms:
“Lookout” Clauses
1. Intellectual Property Clauses
These clauses discuss the use of your image, copyright, and any other intellectual property. Be aware that your image, either your photo, biography, and/or name could be used as advertisement for the performances and the company. There should be language in the contract addressing how these images and information will be selected and used. Depending on the company, there could also be clauses addressing your physical appearance when performing or representing the company.
If you are going to be creating any choreographic works for the company, there should also be copyright clauses establishing who will be the owner of your creations from a legal standpoint.
2. Non-compete/Exclusivity Clauses
These clauses limit you, for a period of time, from engaging in any other activity related to the one you are going to be hired for with other companies.
3. Forum selection/Dispute Resolution Clauses
These clauses relate to how and where any disputes that arise from the contract are going to be resolved. It could be agreed upon contract that the disputes will be resolved in arbitration and/or mediation instead of a court of law. It can also state in which jurisdiction they are going to be resolved. This is important if you live in a different jurisdiction than the one selected.
4. Indemnification Clauses
These are the clauses that discuss the penalties if there is any breach of the contract.
5. Termination/Renovation Clauses
These clauses discuss under what terms the contract may be terminated and/or renovated. One common renovation clause states that the contract can be renewed by mutual written agreement of the signing parties.
Final Thoughts
Every contract is a binding legal document that describes your professional relationship with the hiring party. Always enter into negotiations with seriousness, professionalism, and a general idea of what you are willing to give up and what not. Don’t be afraid to speak up and be heard. You don’t want to enter into a contract either not knowing what you just agreed to or giving up things you did not want to. This first agreement can be a defining one in your future professional relationship with the contracting company and others.
If you’re looking to learn more, check out this conversation Cielomar Puccio and I had on all things contracts over on Instagram LIVE!
Disclaimer:
A contract is a legal document subject to the laws, rules, and regulations of each particular jurisdiction in which they are executed. In the United States, each state has specific laws, rules, and regulations that apply to them. If you have questions about your issues in relation to a contract consult with an attorney barred in the state in which the contract is executed before you proceed with the agreement. The content and information provided in this article is intended for general informational purposes only and not to provide legal advice or opinion.
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