Consumer Law, Warranties Contract agreement between artist and biz entity

[kbolt3]

First of all, thanks in advance for your input.

I am the friend/agent of an artist who is representing the artist in contract negotiations to do artwork on a piece-by-piece basis with a new company. At this point, we have settled on payment, copyright and contract length. The company has a standard contract, which does not include any of the terms of our agreement.

1. Should we use their standard contract with an addendum attachment or should we write a new contract?
2. Do I as his agent need to sign the contract?
3. Should my friend sign as an independent contractor or establish his own corporate entity, as he is pursuing a website of his designs independent of the company he is signing with?
4. Since I will be getting paid a percentage of his work as his biz agent, do I need to have a separate contract with the company to get paid or do we set that up as a part of forming his own company?

I want to pursue accounting and legal representation ASAP, but need to know where to start, who we talk with etc. to best represent/protect both my artist friend and myself.

Thanks again!

 

[dee_dub]

It is impossible to give good answers to these questions without knowing the nature of the business, the terms of the agreement, and a million other things.

The company has a standard contract, which does not include any of the terms of our agreement.

What kind of "standard contract"? Contract for what? Which agreement does it not contain the terms of - the artist's agreement with the company, or your agreement with the artist, or both, or...?

1. Should we use their standard contract with an addendum attachment or should we write a new contract?

How much do you want to pay to draft a new contract, vs. how comfortable are you with a standard form contrac that doesn't do what you want it to?

2. Do I as his agent need to sign the contract?

Depends. Does the contract have any provisions about you?

3. Should my friend sign as an independent contractor or establish his own corporate entity, as he is pursuing a website of his designs independent of the company he is signing with?

Very good questions. He should probably consult with a business agent who could advise him on those matters.

4. Since I will be getting paid a percentage of his work as his biz agent, do I need to have a separate contract with the company to get paid or do we set that up as a part of forming his own company?

Who's paying you - the company, or your client?