Issue link: http://digital.copcomm.com/i/308664
6 7 8 9 10 5 Dispute Resolution Ensure your management contract has a dispute resolution provision — failure to do so could result in expensive court fees. If you are with a SAG-AFTRA-listed manager, you will automatically default to the comparatively inexpensive SAG-AFTRA arbitration process. However, if your manager is not listed with SAG-AFTRA, you should ensure that you preserve access to the State Labor Commissioner (in California) or the Department of Consumer Affairs (New York) for your dispute resolution whenever possible. In other locals, performers should contemplate an arbitation provision that protects their dispute resolution choices. You should consult with an attorney with regard to whether an arbitration provision for dispute resolution through a legitimate arbitration provider is in your best legal interests in such relationships. Commission Rate Managers generally take, on average, 10-15 percent commission. Fifteen percent is considered higher- end compensation in the industry. This should be clearly spelled out in your agreement with your personal manager. No Self-Renewing Provisions Beware of any contract with provisions such as: "If the performer earns $5,000 or greater in the last year of the contract, the term of representation will automatically renew for an additional three-year period" or "If the parties fail to terminate this agreement 30 days prior to its expiration, the contract will automatically renew for three years." If the personal manager wants to sign you to an additional contract term, you should be asked to sign a new contract. Get an Agent Since managers are not permitted to legally procure employment in California, New York and some other states unless under the control and direction of a licensed agent, the contract should clearly spell out that the manager will secure you an agent (or work with a licensed agent to procure you work opportunities). Otherwise, what will the personal manager get paid for doing? Personal Manager, not Agent Whenever possible, be sure your management contract clearly spells out what role the manager is going to fill. Because personal managers are largely unregulated, you should, contractually, ensure you both agree on what the personal manager's job functions will entail. As a reminder, personal managers cannot legally procure employment for you under California law (with a very similar provision under New York law) unless he or she does so under the control and direction of a licensed agent. If you are a SAG-AFTRA member, that agent must also be franchised by the union. This should be spelled out in your agreement. Length of Contract Be sure your management contract closely mirrors any potential agency contract that you may sign. The initial term should be no more than 18 months, with renewals to be no longer than three years. Never commit for any longer period than that, especially with an entity that you do not know well, regardless of how great you think he or she is today. Also, handshake or hip pocket (i.e. verbal) agreements are common in the personal management world. With that kind of relationship, you are generally free to terminate the contract and move on at your discretion. 32 SAG-AFTRA | Spring 2014 | SAGAFTRA.org 30-32_managers_F.indd 32 4/23/14 1:59 PM