Do You Really Know What You Are Signing?
The most frequent message I get from disgruntled journalists involves their employment or agent contract. Unfortunately most haven't read it nor do they understand what's in it. Before you sign any agreement know this ...
It's going to be legally binding. You aren't going to get a hall pass or a do-over. They are written by very competent corporate attorneys who are well versed in state and federal employment law. They are written to be enforced and limit the exposure of the corporation.
There are two distinct parts to most contracts you will see in the TV News and Entertainment industry.
First, the main body of the contract is the standard corporate language with non-compete, non-solicitation, performance standards including cause for involuntary termination, and remedies (SUPER important). This part of the contract is usually the most difficult to negotiate or amend. It primarily represents company policies and procedures. The hiring manager will not be able to amend these terms without corporate attorney involvement.
The second part of your contract is usually an Exhibit or Attachment that contains specifics of your individual offer and role. Items outlined in this document are where the hiring manager and candidate have flexibility to negotiate. Here you'll find compensation, term (length/timing), relocation offers, bonus, allowances like hair/makeup/clothing, and what can be the most critical language of all …. 'outs'.
An agent contract is going to have language around the definition of the service they are providing and as a result, the fees you will be obligated to pay. There will be 'outs' but they are very time sensitive and you can't fall asleep. Also, if you hire an agent to find that dream role in your hometown and you stay in that role for 10 years, you will be paying that agent for the entire 10 years.
Finally, look at the legal jurisdiction that governs that contract. If it is the state of Texas or Georgia, you'll be litigating in that state regardless of where you live or work. Employers generally name jurisdictions that are favorable to them. Not all courts are created equal.
There are a number of strategies to employ when you are negotiating a contract, too many to put in a social media post (plus it's the TalentBlvd secret sauce). The absolute best way to prepare for a contract discussion is to go into it with data and facts. Two critical components are:
1. Payscale.com or Salary.com compensation ranges for the specific role and market.
2. Cost of living index data.
You need to understand where you sit within the market range and how the adjusted cost of living impacts your discretionary income, not to mention quality of life.
In summary, if you are about to sign a contract and want to have a conversation, please feel free to DM me and we can connect. Also, if you are a ND and would like help mediating a contract with your next rock star talent, let's connect and see if we can help.
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