Most counseling for cultural projects involves reviewing contracts. Apparently it's a simple task, but it has its complex side, like everything else.
Contracts come in many forms. I'm not surprised by the high value people give to a written agreement, and the level of commitment they feel when signing.
That is why the agreement must be complete, spherical. It should be clear to both parties. It must be transparent why they came to each point, how they will comply and make sure they do. Lawyers are like crows, thinking badly about the future, hoping it will never happen and see how that scenario is resolved with the agreement.
The contracts are of plasticine, and must be molded to the reality of each business.
It is never wrong to ask for an explanation or an adjustment before signing.
Each contract is a new deck. Already there are established structures, usual references and homogeneous orders, can vary according to the peculiarities of each agreement; But in general all consist of the same parts.
- Who signs and how to identify them?
- Where to find them?
- On what date did they sign the document?
- What does everyone commit to?
- For how long?
- What happens if one fails?
- Are the commitments clear?
- Is everything in the agreement consistent?
Those 8 things are the minimum required for you to understand that you have a serious agreement in front of you.
Although there is always more fabric to cut than that. For example:
- Is the contractual figure appropriate for the business they are closing?
- Who owns what comes to pass?
- Are there things that remain valid after the agreed term?
- Are they common conditions in the market?
- If anyone wants to break the covenant, what should he do?
- What kind of relationship do the parties have with the contract?
- Are all those involved in the agreement signing?
- Can they commit to what they are doing?
- How is liability distributed if damages are generated by third parties? And between the parties?
- What additional rights does each party have?
- Is compliance on a specific, periodic, sporadic date?
This level of detail is not always achieved, but the more scenarios become clearer, the more transparent the relationship will be for the parties.
Shoemaker to your shoes; The lawyers are dedicated to predict the worst possible scenario and that we commit ourselves to meet any circumstance.
PS: Size does not matter; But tangle the pita does not make the contract more serious.
[Fragment] The Miriam and Ira D. Wallach Division of Art, Prints and Photographs: Print Collection, The New York Public Library. "Marriage A-La-Mode. Plate I. [The Contract] " The New York Public Library Digital Collections. 1745.