Contracting Closer Look Indemnification Clause

Contracting Closer Look: Indemnification Clause

The indemnification clause is a part of a contract that is often difficult to understand.  Even after reading this post, you will still want to consult a lawyer, but you will be more aware of what to pay attention to when it comes to the indemnification clause. Even if it isn’t labeled, the language of the clause is pretty distinctive running something like “X will indemnify, defend and hold harmless…against any claims, judgments, costs, fees, etc….” Entertainment lawyer Gordon Firemark does a good job discussion some possible scenarios in which an indemnification … Read more

Always Revise This Contract Language

One of my earliest posts on ArtsHacker encouraged people to feel comfortable with altering and amending contracts.  Every organization operates in a different environment and has varying levels of risk tolerance that will determine what changes they might make to a contract. Always Revise In This Scenario One contract scenario I would urge people to never leave unamended is where the service provider can cancel with minimal cost but where you as the contractor have to pay in full, plus some extra, regardless of the reason for cancellation. The examples I am … Read more

Primer On Ethically Contracting Engagements

Primer On Ethically Contracting Engagements

In other posts here on ArtsHacker, we covered how contracts should be viewed as part of a communication process, preferably one of the final steps. Because the contract memorializes what has been discussed, it is important that the communication process be conducted in a clear and open manner. One of the recurring topics of discussion among artists, agents and presenters is the issues that crop up when people are trying to act in good faith and give the other party the benefit of the doubt, only to have a detrimental outcome. I … Read more

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