Legal advice regarding self employed contract (performer), please.

[InAndOutFor]

Self employed and contract - legal advice needed please.

Contracted for a show to start rehearsals in November. Contract states
The Artist understands that this Agreement is a serious commitment and should not be entered into without careful consideration.
The Artist understands that he/she must make all reasonable effort to honour the commitment set out in the Agreement.

In trying to earn enough to sustain acting life, the performer has:

• Applied (prior to this contract) and been successful in receiving a job offer (more money, flexible working to support a longer term commitment to continue to perform).

• The new job requires an 8 week induction, all full time and office based. This is likely to clash with the rehearsals and performance.

• A careful decision has been taken to drop out of the show at this point rather than closer to the time, so that disruption is minimised for the production company, even though no induction date has been given.

• Contract does not have any money/costs included.

• Contract has no time scales around leaving the cast.

• Contract does include Force Majeure - regarding either party being excused for things such as force of nature, civil unrest etc

Contact has been made with the production company, via the agent. Response is that the production company want a payment of £800 for their costs in finding a replacement, if this is not paid by tomorrow, this will result in court action.

Any legal advice much appreciated.

why isn’t the agent offering to find a replacement ? is it a major impossible thing to replace the performer ?

and is the performer with equity ? if not still call them for advice -
they will help

I am an agent. The production is being unreasonable and this is not standard, they should have a second choice from the OG casting process.

They are allowed to be pissed off and cross but they can not financially penalise you like this. Your agent should reply strongly. If you are a member of Equity talk to them (or at least tell Production you are going to!)

Thanks for replying.

The agent will also try to replace with a new performer, though the producer is stipulating that the original performer should do this. I’m assuming a quick ‘advert’ on Instagram will be enough, but don’t know. This is not a famous performer nor major production/production company.

No, the performer isn’t in equity…sadly. Lesson learnt! Tempting not to join when you are hardly earning from performing and having to support with other work. No excuse though, I have always paid my union fees.

Thanks so much, my post crossed with yours. I really appreciate you taking time to respond from your experience.

I’m not sure, given what I have read online about the producer/company that the performer would have been employed as an equity member! Does not excuse, as above.

There are some hard lessons in due diligence here too. The performer should have researched more, sadly.

I am wondering if the threat of court action, is just that hoping that the bill is paid without a fuss. Worrying though about bigger costs, legal and the producer claiming more costs if this did go to court.

Court very unlikely. It would be "small claims" assuming the value of the contract is what I suspect (i.e. less than say 5k total prob more 2 or 3?). The wording you mentioned on the contract actually plays in the performers favour as it implies you can step away!!!

Tell the performer to lean into their agent and not to lose heart.

Thank you, yes, the total for rehearsals and two weeks of shows is about £2,700.

Sorry, three weeks of shows.

There's nothing in the contract about potential financial penalties should the performer pull out, so they can't take legal steps to enforce something that doesn't exist.

Did the performer sign the contract with the agent, or direct with the production company? Assuming the performer has a separate ongoing contract with the agent about commission and so on, is there anything in that about breach of contract?

Grasping at straws a bit.

Thank you.

Agent involved, signed on behalf of and in agreement with the performer. The performer has a separate contract with the agent, but is trying to hold onto that and not be let go due to this.