How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Lawyer Linda Your Own Question

Lawyer Linda
Lawyer Linda, Attorney
Category: Business Law
Satisfied Customers: 12
Experience:  Corporate attorney for 5+ years; also a CPA
71376834
Type Your Business Law Question Here...
Lawyer Linda is online now
A new question is answered every 9 seconds

Advice on Sirius/XM Contract for New Radio Show

Resolved Question:

Please take a look at the following contract and offer your thoughts. Notes from my friend:


 


This contract concerns a radio show that I developed for XM Sirius where I work. I just feel like this was a half-assed write up by the lawyer, but maybe I'm being pessimistic. Contracts make me distrustful and I'd rather someone who can look at it objectively give it a once over


 


You can download the contract here: https://www.yousendit.com/download/WUJic0wrZ2p3NUlLSk1UQw


 


You can sample the test run of the radio show here: https://www.dropbox.com/s/20x7fgztuc1kpzc/Estrogen%20Advocates-09-19-12.mp3 Looking forward to your thoughts!


 


I'd also appreciate any thoughts you have on the sample show. Is it Boring/Helpful/Interesting/Confusing?

Submitted: 2 years ago.
Category: Business Law
Expert:  Lawyer Linda replied 2 years ago.

Lawyer Linda :

I gave it a quick review and it appears to be a fairly straightforward contract. The only real concern I would have from your perspective is that you are essentially giving your concept to MKR. As written, after you have signed the agreement they will have the rights to it and they will be the sole decision makers as to whether it will be produced. Really all you are guaranteed is that they will work with it for 3 months.

Lawyer Linda :

You run the risk that after 3 months they give up on it and you have nothing to take with you.

Lawyer Linda :

Other than that, was there anything in particular that concerned you that you would like reviewed or explained?

Customer:

Thanks for your initial review! I shared it with Scott and here's how he responded.

Customer:

You're pretty much crystallizing what's been itching me on the contract. When this started, the idea was to pay me a per-show fee to produce each show, and I was fine with that. Then Michelle got concerned with paying out so much before money could start rolling in. The trade off became that I would wave my fees in return for 33.3% ownership. That's not what's written up, and that's the part I need to adjust.


The random renewal stuff is also incredibly vague. I can correct the initial 3 month interval easy enough (rather than be a 90 period, I want it to be 90 days or until the project turns a profit. We've got a sharp sales guy who's lined up clients before there was a product, so if in three months we're in the red, I'll want out), but I'll need a longer contract length.


I also need some jargon that defines who is getting paid off of our show. I can't tell for sure yet, but it feels like there's potential for too many hands. I need to figure out how to nail that down. There's a weird line in there about 10%, and I don't know if that's an umbrella for these 'hands'. Can you advise?


Last thing is minor, but I'm going to change my title to executive producer. Means nothing now, but in the event this gets spun into a bigger production than the potential I'm seeing for it, then I'll need the bigger name for protection in case other parties are brought in to help.

Lawyer Linda :

It sounds like you're on the right track and just wanted to make sure you weren't missing anything glaring.

Lawyer Linda :

Regarding the 10% language you specifically asked about, here is how the compensation to everyone will work: The calculation starts with the gross advertising revenue generated from the project. They will then deduct from that revenue: i) 10% of the revenue that will retained by MKR as a supervisory fee; ii) all actual out-of-pocket development costs, production costs, distribution fees and other expenses (which would go back to MKR to reimburse them for paying these); and iii) and any 3rd party costs MKR has paid for the Project (which would also go to MKR). From what is left, Eads receives 33 1/3%, Pitek receives 33 1/3% and MKR gets 33 1/3%.

Lawyer Linda :

If your original agreement was that you'd get a straight 33 1/3%, then you're correct that the contract does not read like that. Because MKR is getting 10% of the revenues as a "supervisory fee" before any of the expenses are covered, they will likely pocket significantly more than you. Just as an example - imagine the revenues are $100 and all the expenses total are $25. Based on your understanding of a straight 33 1/3% you would expect to receive $25 (($100-$25 = $75 / 3). However, with their 10% fee built into the calculation, you'd actually only receive $21.67 ($100 * 10% = $90 -$25 = $65 / 3 = $21.67), while MKR would clear $31.67 ($100 *10% = $10 + $21.67 = $31.67).

Lawyer Linda :

Let me know if I can clarify anything else; if not, I'd appreciate a positive rating.

Customer:

The 10% breakdown was a big help, thanks for that and everything else that you wrote!

Lawyer Linda, Attorney
Category: Business Law
Satisfied Customers: 12
Experience: Corporate attorney for 5+ years; also a CPA
Lawyer Linda and other Business Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro

    Attorney

    Satisfied Customers:

    1767
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1767
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1495
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1174
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    504
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    373
    14 years practicing attorney, MBA
 
 
 

Related Business Law Questions

Chat Now With A Business Lawyer
Lawyer Linda
Lawyer Linda
Attorney
4 Satisfied Customers
Corporate attorney for 5+ years; also a CPA