Question
B Songz, a singer-songwriter, is a sole proprietor.He is offered a two-year contract with Big Tunes with the option to extend the contract for another
B Songz, a singer-songwriter, is a sole proprietor.He is offered a two-year contract with Big Tunes with the option to extend the contract for another year if he makes platinum status with one of his songs by the end of the two-year period.
JB Songz has also been told by Big Tunes that a restraint of trade clause will be included in the contract, but the details of the clause seem unclear and ambiguous. He is concerned that the restraint of trade will be unreasonable and willprejudice his career.
JB Songz is very wary of record labels, as he was once embroiled in a lengthy court battle over royalties due from his previous employer, Massive Hits. He does not want to approach a high court should he have another dispute in future. He feels that the process was too lengthy, public, and expensive.
JB Songz approaches you for advice and clarity on the following:
- What constitutes a valid offer, and how does it relate to the option to renew?
- How will the contract be interpreted by the courts where there is ambiguity or uncertainty in its terms and conditions?
- Alternative dispute resolution routes that will not require JB Songz to approach a magistrate's court or high court.
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