Flat Rate Contract Review
Contracts are a necessary part of every business, but contracts are crucial to creative professionals who risk inadvertently transferring ownership or rights to the works that they create by signing an agreement without a clear understanding of its meaning.
Lawyers are trained to parse the legalese and identify contractual issues that non-lawyers may overlook. However, not all lawyers are well-equipped to review contacts in the creative industries. Clauses about royalty rates, synchronization rights, controlled compositions, an agent’s commissionable base, name and likeness rights, etc. tend to make the general business lawyer’s head spin.
Since 2004, Amy has devoted her practice to representing creative professionals and understanding their unique industries. From the beginning, she has offered contract review at a flat “per page” rate. For $50 per page* (minimum $200 review fee), Amy will review your contract(s) for:
- Accurate reflection of agreed upon terms, if any
- Inconsistencies and/or structural problems
- Perceived legal and/or business risks
- Negotiating opportunities (e.g., material omitted terms, non-industry standard rates)
Amy’s flat rate contract review consists of an initial discussion of your goals and objectives; review of the contract; preparation of a contract markup or comment memo of the identified issues; and a brief final discussion to provide an overall impression of the contract and answer remaining questions.
The purpose of the review is to help clients decide whether to pursue the deal and/or to give clients the tools to negotiate with confidence. After all, negotiation is often simply a matter of knowing what to ask. Clients also have the option to hire Amy to negotiate on their behalf and to assist in preparing/reviewing revised drafts.
Bear in mind that it is important to make Amy aware of any other contracts you have signed relating to the same subject matter. Such additional contracts may be relevant to Amy’s evaluation of the current contract proposal. For example, if you are signed to an exclusive recording agreement, you are not legally in a position to record for another person or company unless you obtain an exclusivity waiver from your record company. (Yes, that’s true even if you do not like how things are going with your label.)
Upon request, Amy will provide not-to-exceed pricing (e.g., no more than 2 billable hours). This approach is most commonly used when a client has received a lengthy proposal and is primarily seeking advice on any deal breakers to address upfront. Initial time/fee caps can also be helpful when it is necessary for Amy to review the client’s existing contracts to determine any restrictions such contract(s) impose on the client’s ability to enter into the current proposal.
*“Page” means a standard 8-1/2″ x 11″ sheet with 1″ margins all around, standard spacing, and 10-12 point type size. A page with larger sheets, smaller typefaces, or double-column composition may count as multiple pages. Discounted per page rates may apply for agreements in excess of 10 pages. Please note that Amy does not charge for pages with signature blocks only or standard “miscellaneous” or “general” paragraphs such as “This Agreement is intended to be the entire agreement of the parties and may only be amended by a writing signed by all parties hereto…”