Background and Assumptions
You have been hired by the Britt Festival to draft key elements of a contract for Jack and Meg White to perform at a surprise concert to be held at the Britt grounds later this year. Britt wants this contract to be "just right" because of the privacy, fragile circumstances, and other challenges involved, and also because of the golden opportunity it will provide for Britt. The public is not to know about this event until just two days before the concert.
Britt has no doubt that the concert will be an unparalleled success and that it will sell out instantly. Britt believes this unanticipated turn of events is a fortuitous "talent coup" that will thrust Britt into the international limelight.
Jack and Meg White were formerly married, and performed for years together to rave reviews as the hard rock band "White Stripes." However, they later ended their marriage and singing careers together on unfriendly terms, and now sing solo. Hence, it was of great surprise to Britt when Jack White suddenly contacted Britt "out of nowhere" with this opportunity. Over the telephone, Jack confirmed a date (it will occur during an off day in Britt's Classical Concert Series) and requested an advance payment of $50,000.00, with a balance of $150,000.00 due upon completion of the concert. He also promised that Meg would show up.
Although this is an unusually high fee for Britt, it nevertheless feels the gamble is well worth the potential benefits.
Assume that there is no doubt that it was really Jack White of the former band "White Stripes" on the telephone with Britt. You have had no personal contact with Mr. White, however. Britt merely wants you to prepare some key components of a professional services contract that adequately sets the scope of work and protects Britt's interests.
Assignment
There are three parts to the assignment.
Prepare a Checklist of Issues and Concerns. First, in list form, briefly identify the contract issues, concerns, considerations, challenges, and uncertainties. A sentence or two for each is sufficient. This will serve as the master list for identifying contract content. In other words, it will be your list of "deal points" for selecting and drafting contract provisions at a later time. For instance, one item on the list will be simple identification of parties. Another will be "how to help ensure Meg shows up."
Identify Contract Provisions. Now, using the checklist, identify all of the provisions you should include in the contract. Please use the textbook for ideas. For instance, you should state that there should be a "scope of work" and "independent contractor" clause. Please identify all provisions, including boilerplate provisions. You do not need to include the content of the provisions-just the names of the provisions themselves.
Draft the Scope of Services. Finally, draft a "scope of services" for the contract. Assume that if there is no scope of services, the "White Stripes" will show up to Britt but won't do anything because the contract doesn't spell out exactly what to do. Consequently, the scope of services should include fundamental provisions such as when the band should perform and what, generally, the band should do. It should also describe how the band should perform. Think proactively and creatively! Should your scope of services regulate the time and length of the performance? Should it regulate content? Should it address the behavior of the band? You might want to Google "professional services contracts" for additional ideas on what to include.