2. Discussion. The default provisions set forth above are fairly typical of most management contracts, with one exception. I have included a default provision in favor of the musician. Most management contracts proposed by managers contain extensive default provisions in the event of a default by the musician, but neglect to include any default provisions in the event of default by the manager. While I have been successful in many occasions in incorporating manager default provisions in management contracts, managers will occasionally vigorously resist the inclusion of such default provisions. The manager's concern is that the musician could use a technical default as a vehicle to terminate its relationship with the manager. This issue can be addressed in a couple of ways. The manager default provisions could be revised to provide that the Three Month Period would not commence until written notice was delivered by or on behalf of the musician to the manager setting forth the default in reasonable detail. If the musician is unable to incorporate manager default provisions into the management contract, it is critical that the management contract contain milestone provisions that will give the musician the right to terminate the management contract in the event certain things don't happen by a certain time period.
M. Definition of Entertainment Industry.
1. Sample Provisions.
"Entertainment Industry" shall mean, without limitation, all services and activities in such fields of endeavor as phonograph records (including but not limited to recording and production), transcriptions, musical and/or dramatic performances, signing, radio, television, motion pictures, music, personal appearances, concerts, roadshows, tours, café and cabaret performing, hotel, restaurant and private function performing, literary and theatrical engagements, radio and television commercials, commercial merchandising endorsements and tie-ins and for all and any other media of entertainment for which Artist may be or may become qualified; and the sale, lease or other disposition of musical, literary, dramatic or other artistic material which you may create, compose, write or collaborate, directly or indirectly, in whole or in part, in any and all fields; and any act, unit or package show of which Artist may be the owner or part owner, directly or indirectly.
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