OK a few more questions:
What kind of attorney would I need for this? She is in the state of Washington in which their $400 an hour attorney drafted this contract and I am in Montana does that make a difference? Do you think it would be worth the money to hire an attorney to at least get her to stop trying to use my actors. That is really what I want. She can't have her cake and eat it too. If she does not want to work with Agent 99 then she should not be able to work with the actors I represent but to try and find other actors to do what they were doing which will be practically impossible.
Here is a portion of the contract and how it reads to what I believe you are saying:
This Agreement is specifically enforceable without proof of monetary damages.
This Agreement will be binding upon, enforceable by, and inure to the benefit of each of the parties and their respective successors and assigns.
This Agreement will not be interpreted or construed as granting, assigning or otherwise transferring to Receiving party any license, right, title or interest in, to or under any patent, copyright, trademark, trade secret or other proprietary right owned, licensed or otherwise controlled by the other party.
This Agreement will be construed and enforced in all respects in accordance with the laws of the State of Washington without reference to its rule relating to choice of law.
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You represent and warrant that you have the right, power and authority to enter this agreement, you further warrant that performance of this agreement does not and will not violate any other agreement to which you are bound.
This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof. In the event that any portion of this Agreement is held to be invalid for any reason, the remainder of this Agreement will remain in full force and effect.
Actually, the above is from the Non-discloser sorry about that. This is the actual agreement. If you can let me know what your thoughts are in a brief review of it. Is it acceptable to hire you as my attorney? I'm not sure of the rules of Just Answer.
Agreement To Secure Publication Voice Talents, Web, Game, and Mobile App Developers and Designers, Musicians, Music Producers, Composers, and Audio Producers
FLAT FEE PAYMENTS for RELEASE of ALL PUBLICATON RIGHTS to My Travel Friends LLC
THIS AGREEMENT is made this ____ day of January 20 13, by and between My Travel Friends LLC, and ___________________________hereby agree to the following:
We the parties working together on My Travel Friends, do agree that:
My Travel Friends LLC and ________________________________ define FLAT FEE PAYMENTS for RELEASE of ALL PUBLICATON RIGHTS to My Travel Friends LLC as WORK FOR HIRE specifically for voice talent work for My Travel Friends.
MY TRAVEL FRIENDS LLC OWNS ALL RIGHTS, PUBLICATION RIGHTS, and COPYRIGHTS WORLDWIDE, NATIONALLY AND INTERNATIONALLY for MY TRAVEL FRIENDS:
All work performed under this Agreement will be considered “made for hire” as that term is defined in 17 U.S.C. §101. To the extent that any such work does not constitute “work for hire” as so defined,Voice Talents, Web, Game, and Mobile App Developers and Designers, Musicians, Music Producers, Composers, and Audio Producers do hereby irrevocably assigns all right, title, and interest in and to said works, including copyright to My Travel Friends LLC, It is understood, that this agreement fully grants 100% ownership and ALL RIGHTS, COPYRIGHTS, and INTELLECTUAL PROPERTY to My Travel Friends LLC for work performed on and for My Travel Friends.
FLAT FEE PAYMENTS for RELEASE OF ALL PUBLICATION RIGHTS: It is understood, that My Travel Friends LLC pays independent contractors such as Voice Talents, Web, Game, and Mobile App Developers and Designers, Musicians, Music Producers, Composers, and Audio Producers and any and all other individuals in FLAT FEE payments in return for the complete release of 100% of ALL PUBLICATION RIGHTS for the unlimited use and reproduction nationally and internationally of all work performed. Any real or imagined collaboration offered toward texts, manuscripts, artwork, illustrations, and music is fully released to My Travel Friends LLC.
CREDITS:Voice Talents, Web, Game, and Mobile App Developers and Designers, Musicians, Music Producers, Composers, and Audio Producers shall receive credit in any distributed version of the work, in such places as are
customary and usual within the trade for the type of work.
CONFIDENTIALITY Voice Talents, Web, Game, and Mobile App Developers and Designers, Musicians, Music Producers, Composers, and Audio Producers shall keep the nature and existence of the work including all related information strictly confidential until the work is published and/or otherwise is released into the public domain sector.
INDEMNITY Voice Talents, Web, Game, and Mobile App Developers and Designers, Musicians, Music Producers, Composers, and Audio Producers warrants that the materials delivered herein do not violate any copyright, company/industry logo, trademark, and/or any other protection of intellectual property and further warrant they have the full right to convey these rights granted to My Travel Friends LLC, herein.
TERMINATION If for any reason, the signed parties desire to terminate their work agreement, they can do so in writing, but all releases and grants of rights and copyright ownership belonging to My Travel Friends LLC will remain permanently, as written herein, in this agreement
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ENTIRE AGREEMENT This agreement, in its entirety, contains the full understanding of the parties. It may not be changed orally but only by an instrument in writing signed by the party against whom enforcement of any change, extension, modification, waiver or discharge is sought.
The signing of this document fully relinquishes all rights of ownership, present and future for work
performed for My Travel Friends and grants100% ownership, rights and copyrights worldwide to
My Travel Friends LLC, thereafter. This is the entire agreement between the parties, and may only be
modified by a writing executed by the parties hereto.
IN WITNESS WHEREOF, the parties have executed this agreement the day and year as first above written.