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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 33167
Experience:  JD, BBA Over 25 years legal and business experience.
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Can you explain me what does that mean in the contract? remedies:

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Can you explain me what does that mean in the contract?
remedies: In addition to any and all other rights a party may have available according to the law, if a party defaults by failing to substantially perform any provision, term or condition of this contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the contract by providing written notice to defaulting party. this notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 60 days from the effective date of such notice to cure the default. unless waived by a party providing notice, the failure to cure the default within such time period shall result in the automatic termination of the contract.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:

What portion of the provision are you unsure about? Do you have a specific concern you would like me to address?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.

Yes, I terminate the contract with talent manager who was representing my 3 daughters for 2 weeks for the following reasons:


1) He promised verbally that 3 talent agencies were ready to meet the girls (that was repetitively selling point) - What happend is 2 of 3 turn down the meeting (so it was a lie)


2) He started talking to my older Daugther 15 yrs old (minor) because he thought my wife who is in charge of their careers do not understand (that was false)


3) when he talked to 15 yr old Daughter he said (Don't tell your Mom but she does not understand anything) and another comment about myself negative so it turns very unprofessional.


I decided to terminate the business relationship and he also insult unrespectufully my wife.


4) Now he is asking for 1000 usd compensation. Can you beleive?

Hello again and thank you for providing this additional information. It does sound as though you have run into a rather unscrupulous talent manager.

The provision you refer to permits the talent manager to send you a notice of default with 60 days notice, so you would have 60 days to cure your breach of contract and the contract will be automatically terminated if you do not cure the breach. So if you stop paying, they will likely send a notice pursuant to this provision and if you do not cure the breach within 60 days, then the contract will be automatically terminated based on this provision.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 3 years ago.

Okay but I don't have any debt or payment pending with him as no job was booked. He is just putting 1000 usd just because he wants...Is this valid? should I have to pay for nothing??? should he has the right to sue me for this amount?

Hello again,

If you don't owe him anything according to the contract, then the demand for $1k would not be valid. The contract could indicate that there is a fee of $1k if the contract is terminated early, but if there is no such provision and you do not otherwise owe anything under the contract, then there would typically be no basis for the manager to file suit against you.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 3 years ago.

Do you think he is going to proceed on small claims court? do I need a lawyer for that or do you recommend to list all points of his unprofessional to the judge?

Hello again,

It is not necessary to retain an attorney for a small claims case typically and I would set out the many reasons you decided to terminate the agreement. Parties have a duty of good faith and fair dealing in contracts and it appears the manager breached this duty which would permit you to terminate it.
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Tina

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