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Q
What is the method for resolving an unfair contract?
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I am a 17-year-old trainee who has been living as a trainee at an entertainment agency for about 4 years. Since I am soon to debut, it seems that I will enter into an exclusive contract. Because I heard that unfair contracts are sometimes made in the entertainment industry these days, I would like to receive a review of the contract from an attorney. If I debut and later learn that it is an unfair contract, how can I resolve it? I would be grateful if you could let me know the method.
unfair contract
Answer to Related Inquiry
Author: 고병준
Hello. This is a Seongnam attorney.
It appears that you currently wish to receive advice on a legal review of the contract from an attorney before concluding an exclusive contract.
An exclusive contract, which may lead to an unfair contract, is a contract under which an entertainer, in return for receiving the agency's management on an exclusive basis, must conduct all entertainment activities only through the agency.
Therefore, because the contract must include important content such as the scope of activities, the distribution of profits, the contract period, and the penalty for breach, in the case of a new trainee, there is a high possibility that unfavorable terms will be included.
If you learn after your debut that it is an unfair contract, a legal response is possible through a claim for confirmation of the non-existence of the effect of the exclusive contract or an application for a provisional injunction to suspend the effect of the exclusive contract, which contest the validity of the exclusive contract itself.
For example, if the contract period is excessively long, the penalty for breach is excessively large, or the profit distribution ratio is unreasonable, it may be recognized as an unfair contract.
If you raise questions after the contract has ended, the agency's backlash and a counter-lawsuit may follow, so it is important to receive a legal review of the contract before your debut.
It is safest to consult a legal professional, such as a Seongnam attorney.
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