If there is no "end" date, like expiration, does that mean that the contract goes on forever? because it doesn't say "this contract lasts forever....."
any input greatly appreciated.
Penny Flame
Former Studio Manager
Metro Studios still owes me money
If there's no clearly defined expiration then it should be indefinite. However, there is almost always a cancellation or termination clause. If there isn't one, then chances are the contract wasn't written by a real lawyer.
WG
usually it should say something like "automatically renews every xx months/years until cancelled xx months ahead" or so. better have someone read it who has a clue
There is no "contract for life" when it comes to employment, so you should seek out a qualified attorney and show him/her whatever contract you have signed, and get their advice...
as ADG said - the absence of a termination or renewal dates doesn't make a contract perpetual. so if you're worried that you might be trapped by some contract, don't. courts don't like exclusive employment contracts.
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as ADG said - the absence of a termination or renewal dates doesn't make a contract perpetual. so if you're worried that you might be trapped by some contract, don't. courts don't like exclusive employment contracts.
Yes, that's sort of indentured servitude. Not-to-compete clauses even have a statute of limitation (in most places).
Usually if at any time the contract terms aren't met or are violated by one party or the other, it voids the contract, leaving the person who violated it at risk of penalty, but as people mentioned, it's rare you'll get a judge to enforce a contract like that, particularly in this business (that makes it another can of worms).
but, consulting a competent lawyer is probably better than listening to us on this board ;)
Hey Penny are you on ICQ? I don't think we talk as often as we should And I have some model input for this contract stuff that your typical lawyer won't think of.
If there is no "end" date, like expiration, does that mean that the contract goes on forever? because it doesn't say "this contract lasts forever....."
any input greatly appreciated.
Some things to consider:
1) Was the omission of a termination provision a mistake? If it was a mutual mistake, courts will try to determine intent through other evidence (e.g., documentation exchanged during the negotiations). Keep in mind that in general, agreements are normally construed against the drafter in the event of unilateral mistakes or ambiguity.
2) Was there an oral agreement with respect to term/termination? Though certain oral agreements aren't enforceable (e.g., certain loans or real property transfers), one could argue that the term and termination was set by an oral agreement between the parties. This gets more complicated if the agreement explicitly states that it is the entire agreement between the parties and the agreemet cannot be supplemented by oral agreements.
If there's no clearly defined expiration then it should be indefinite. However, there is almost always a cancellation or termination clause. If there isn't one, then chances are the contract wasn't written by a real lawyer.
WG
What I would have said...
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Michael Sperber / Acella Financial LLC/ Online Payment Processing
There is no "contract for life" when it comes to employment, so you should seek out a qualified attorney and show him/her whatever contract you have signed, and get their advice...
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