Instruction
You will respond in a block style letter format using your name (as sender), as associate of the Belmont Law Firm, and include the main Belmont address as the return address. You must type this exam using a minimum of four pages and a maximum of seven pages with one-inch margins on all four sides. You must also use a font of Times New Roman 12 point. Please feel free to use headings to emphasize your major points. You will copy and paste your answer into the actual test, rather than attach a word document. Although it is estimated that it will take you approximately one and one half hours to complete this exam, you may utilize the maximum of two hours. I suggest that you spend at least the first twenty minutes reading, outlining, re-reading, and re-outlining your answer before writing your final answer. Exams that do not meet the requirements set forth herein will be subject to penalties. Good luck! SPECIFIC DIRECTIONS Dear Associate: Our firm, Belmont Law Firm, represents Andy Dandy, a new country artist who received a lot of attention on his recent appearance on the Jimmy Fallon Show. Andy has been approached by Bruin Bignames, LLC to represent Andy as manager. Andy is interested in this management company because his trusted advisor, Manger Tellthetruth, has just been hired as the assistant vice president. Review the contract provided to Andy, which is attached herein as as a word document (2019 Fall - ONLINE CLASS TEST 2 - Mgt Agt Hal Student). Write an opinion letter to Andy: (1) summarizing the contract (general summation) and make sure to tell Andy why the provision at the end of Paragraph 2 (in CAPS) is included; (2) setting out what paragraphs (paragraph numbers) the following important provisions can be found and describe what each one means: a. Venue b. Merger c. Law d. Severability e. Default Provision f. Damages Provision g. Attorney fees h. Assignment Clause (3) outlining at least 6 issues/concerns you have about the terms of the contract, in other words, what provisions would you seek to negotiate in order to get better terms for Andy (make it more pro-artist). As you draft your legal opinion, please be aware of the following facts: a. Andy has a desire to enter into an exclusive recording artist agreement or an exclusive record distribution agreement with a major record company. b. Andy has a desire to enter into a 12 month publishing agreement, with 3 option periods of 1 year each. c. Andy has a desire to get a major booking agent (ie: WME) to represent him. d. Andy, in his time outside of performing, rides bulls on the bull riding circuit. He makes a decent income doing same, and he wants to protect that income. And, in closing, at some point in your letter, please make sure to include/integrate some information/law/precedent/knowledge that you learned from the following cases: a. Polygram Records, Inc. v. Legacy Entertainment Group, LLC b. Wil-Helm Agency v. Lynn