Analyzing a Contract for Appearing on News or TV Show

Contracts in the Business World

Contracts are crucial legal records in the business world. They not only guarantee commitment from workers, but they occasionally make the employer accountable for the services rendered. A contract can primarily be used as proof of an arrangement in a court of law. The 2013 agreement between the NHL and Rogers Communication is examined to delve into the contractual aspects that should be taken into account when the chance to appear on a TV show occurs. The paper highlights a few legal concepts that should be taken into account in addition to the clauses that should be taken into account when signing the contract. A section on scenarios emphasizes how the factors mentioned can be applied in actual life circumstances. This step is then followed by a discussion of the recommendations based on the lessons learned.

Lessons and Recommendations

Some valuable lessons, which can be derived from this paper include the fact that a contract’s success hinges on the ability of the partners to scrutinize it and to consistently ensure that the other party is adhering to the terms stipulated. Notable recommendations made include the fact that one should always have an attorney during the contract signing process. This step will not only aid the applicant to make the most appropriate decision but also ensures that the activities that they will be engaging in are legal. Furthermore, it is the prerogative of either partner to make sure that the rules stipulated in the contract are adhered to. This will make sure that the contract is not breached. In conclusion, it is evident that the contract is an integral aspect of the enforcement of agreements. Not only does it safeguard the interest of the partners, but it also ensures that they conform to the required standards and legislations. The final recommendation is that one should sign the contract since it meets their needs.

Table of Contents

1. Executive Summary 1

2. Introduction 5

Explanation of the Paper 6

Objectives 6

Ethical Issues 7

Methodology 8

How Did You Complete The Paper Step By Step? 8

Stakeholder 8

Description and Analysis of the Clauses 10

1-Entire Contract Clause 11

2-Parole Evidence Rule Clause 11

3-The Merger Clause 12

4-Condition Subsequent Clause 13

5-Condition Precedent Clause 14

6-Performance Clause 14

7-Time Clause 15

8-Forum Clause 16

9-Indemnity Clause 16

10-Severability Clause 18

11-Arbitration Clause 19

12-Attorney Fees Clause 21

13-Non-Waiver Clause 21

14-Statute Of Limitations 22

Application of (20) Legal Principles 24

All equal before and under the law 25

Right to be heard before the court 25

Bound by principles of justice 25

Freedom of conscience of religion 26

Norms are defined by legislative bodies: 26

Freedom of thought, belief, and opinion 26

Freedom of peaceful assembly (association) 26

Ethics do not supersede law: 27

When someone sues you, defense claim, you can make a counter claim 27

The trial is about consent 27

The right to privacy 28

A policy is not a by-law 29

Supremacy of God: 29

Cults or sects are not religions 29

The state cannot impose a religion 29

Court is sovereign when it makes its decisions, we cannot fire a judge unless there is specific grounds for it following a process 29

Judges don’t express their personal views 30

Judges have freedom of expression to apply the law: 30

Scenario 30

Recommendations and Lessons Learned From the Paper 34

Works cited

Appendix 40

Contract 40

Analyzing a Contract for Appearing on News or TV Show

Introduction

In 26th November 2013, Canada woke to the news that NHL league was to undergo a massive shakeup in terms of the Canadian television rights. The move was a significant one since it determined how the Canadians will watch the NHL and where they will watch the hockey league. The National Hockey League and the Rogers Communications announced a 12 year contract worth $4.9 billion. The contract ensured that the Canadian cable company ranked as the most exclusive Canadian national broadcaster.

As stated in the contract, Rogers will pay the league up to $142 million upfront followed by an initial annual payment of $285 million. The annual payment, according to the contract, will be subjected to increment to surpass $474 million towards the final year of the deal. On their part, the Canadian cable company will receive rights to all National Hockey League games. The games included all platform in all languages; and the Stanley Cup Playoffs and the Stanley Cup Final through to 2025-26 season. In addition, the cable network will control the internet streaming, radio rights, mobile rights, and terrestrials.

The changes in the technological world have impacted the manner in which people handle their routine tasks. National Television broadcasters, for instance, allow individuals to get visual and audio form information in the comfort of their homes. In order to heighten their viewership, the TV companies have resorted to the development of informative and entertaining shows. Regarding employment, TV broadcasting stations offer some of the mainstream job opportunities that attract much attention and competition. Once an individual appears on TV as a host, director, or guest, then his/her popularity and fame rise to high levels in tandem with the show. Besides the expected publicity on the part of the host, being on TV assures one of a reasonably good pay at the end of their contract. Television stations also seek to improve their acceptance levels from the consumers.

TV platform has enhanced the development of flow of information, entertainment and business. In this regards, heavy investments are required to ensure proper development of the broadcasting sector. Big investments will definitely results to involve external stakeholders to invest in the TV industry. For instance, it is worth noting that the NHL and Rogers Communication contract of 2013, by then, was worth almost six times ($900 million) total value of the leading national TV contracts with broadcasters such as CBC, TSN and Reseau des Sports. These kind of big investments must be complemented by well outlined contracts.

Contracts are essentially a representation of an agreement between two parties. They come in handy in settlement of disputes, as they can be presented in a court of law as evidence of an existing agreement. Businesses rarely use written contracts in their transactions, a fact which is attributed to their time intensiveness. Apparently, the formulation of a contract consumes much time and resources, an aspect, which the firms would rather do without. However, in instances that the issues at stake are significant, the partners will consider coming up with a written agreement. TV opportunities, in this case, represent high stake transactions that require the involvement of every legal tool available.

Explanation of the Paper. The analysis paper is divided into six sections each covering specific issues. The first segment is the executive summary. The second is the introduction, which outlines the paper’s objectives, explanation of the ethical issues taken into consideration, and the methodology used in the collection of data. The third section includes the discussion and detailing of the issue at hand. Discussion, in this case, focuses on the issues that one should consider before, after, and during the signing of a contract. The particular case of a television studio environment explains the areas, which may require legal considerations. Several principles of law are interwoven with the issue under study to provide a clear explanation in the fourth section. The fifth section covers recommendations concerning the lessons learned from the survey.

Objectives. The paper is carried out with a major objective of outlining the various legal considerations that are taken into account during the formulation and signing of a contract through the analysis of the NHL and Rogers Communication contract of 2013. The secondary goals include detailing the challenges that an individual, with an opportunity to appear on TV, should consider. Besides the problems, the rights and the privileges that one can accrue should also be looked into with the aim of maximization. Once the problems, rights, and privileges are established, the corresponding legal aspects that apply are highlighted in a bid to interlink them. The elements which must be included in the contract are set out clearly after considering the various challenges and the available laws that protect the interest of the individual.

The other objective of the paper is to outline the roles of the different stakeholders who took part in the signing of the NHL and Rogers Communication contract of 2013. The stakeholders are primarily the individuals, who influence the decisions made by the applicant and the services that they will have to render after signing the contract.

Ethical Issues. The evaluation takes into consideration some real factors. For instance, in the use of copyrighted materials, ethics concerns that all the authors should be recognized. In this case, the research resources were fully acknowledged.

Due to contract development, various ethical issues are taken into consideration. Bearing in mind the fact that contracts are about holding one responsible, the disclosure of personal information is of great importance. As such, the sufficient information is provided to ensure correct decision making in the contract signing process. Some of the personal data that need to be disclosed in such cases include the health status of the applicant. Health is a significant factor that determines the ability of the individual to provide quality services. A person with a health history that indicates that he or she has had frequently been sick in the past is prone to get sick in the future, and as such, the stakes of getting employed or getting the contract signed are quite minimal. Apart from health issues, the other factor that has to be disclosed is the financial status of the individual; one has to reveal whether they have been involved in any financial malpractices in the past. Dealing with a person with a tainted past may result in negative repercussions for the business. The individual’s criminal record should also be an aspect of great concern that has to be disclosed voluntarily. The non-disclosure of the above-highlighted issues can easily result in a fraud on the part of an applicant. Information concerning the TV show is also of great importance, which is attributed to the fact that the contract signing will be hinged on the knowledge regarding the NHL league. In this regard, one has to look at the company’s background to determine how they have been handling the other individuals, who have signed contracts with them. Some relevant information, which the company should provide entails what the individual would be doing while carrying out their duties, and the rights and privileges they will be accorded.

The other ethical aspect is the identity of the company- Rogers Communication (in case of the NHL and Rogers Communication contract of 2013) with which a contract is being negotiated. As highlighted above, a contract binds two parties to the achievement of a particular task. Resultantly, the parties concerned shouldn’t have clashing interests. Conflicts of interest are likely to occur if the individual already has stakes in the company. Therefore, the applicant should ensure that there are no relationships that exist between the two parties.

Methodology. Due to the extensive nature of the research and the variance of the resources, different methods were employed. For instance, the systematic review came in handy by analyzing information contained in the various literature. The method is anchored on positivism as a philosophical basis with the aim of synthesizing the findings from studies conducted on the same field. Systematic reviews employ quantitative analysis as a tool for data collection. Qualitative analysis, on the other hand, achieves its objective through information gathering in numbers and figures. Qualitative analysis may entail meta- analysis, whereby the findings from different studies are brought together with the aim of generating a summary estimation.

How Did You Complete The Paper Step By Step? The first step taken in the compilation of the article was the reading and understanding of the topic after which I began the analysis and collection of data. Before the analysis, I ensured that the resources met the requirements stipulated in the research instructions.

Stakeholder. The TV director is a major stakeholder in the contract formulation and signing as he or she is in charge of managing the program. He or she also represents the interests of the Network that will be in charge of airing the NHL league. The television Networks are always considerate of the factors that will ensure that their viewership and profits are increased. As such the employment of skilled and talented individuals will be an issue of great importance; hence they will be seeking to get the most from the contract.

The director will determine the roles the optimal time that the NHL leagues and matches will be aired. The roles played will also touch on the individual with whom the applicant will be working with and the location of the filming and video recording. Other aspects that will be of significance are the dressing codes to which the applicant will be required to adhere to, the time, and the durations that the records will take and any other information about the content that one will be needed to relay to the viewers.

Besides determining the roles of the individual, the director is also responsible for paying the individual his or her dues. The safety and privacy of the applicant are also determined by the measures taken by the commissioner. Essentially the director has the highest degree of responsibility towards ensuring the welfare of the applicant. Hence, they should be given significant consideration during the formulation and the signing of the contract.

Apart from the director, private attorneys also play a role in the contract signing process. For example, they are required to analyze whether the contract conforms to the laws and regulations that govern the area, where the TV station is located. Primarily attorneys, in this case, will advise the partners of the best approach to the agreement and the factors to be included and those, which should not be included. For the applicant, the attorney will be keen to give advice, which will ensure that they acquire as many returns as possible without putting much at stake. On the other hand, the TV show director’s attorney will suggest the options, which will ensure that the company gets the most in service from the applicant without the cooperation spending much in the form of compensation. Both the claimant and TV station will have their attorney since they will be representing the interests of different partners. Apart from the guidance, which the agents will provide, their interests as having rendered their legal advice should be considered in the form of a clause indicating the amount of money due to them. The signed contracts will then be deposited with the lawyers to ensure their legality.

Description and Analysis of the Clauses

It is imperative to sign a contract for live broadcast of the NHL, as attributed to the risks, which one is exposed to in the process. Some of the areas, which are prone to challenges, include one’s privacy and the sensitivity of the information, which they are expected to convey. Besides that, remuneration is bound to result in disputes, hence the need for a legal agreement between the partners. There are several clauses, which are aimed at protecting the rights of the stakeholders who take part in the contract.

1-Entire Contract Clause. The clause stipulates the situations under which the contract should be adopted. It mainly highlights the importance of the items covered in the contract. Apparently, the partners should rely on the elements that have only been involved in the deal and not anywhere else. The entire contract clause, therefore, stresses the importance of recognizing the fact that one has only to rely on elements outlined.

The phrase also indicates that all agreements between the partners should be put down in writing. It underscores the fact that oral or verbal contracts will not be applicable as evidence of the agreement. Therefore, all the elements should be indicated in writing as highlighted in the NHL and Rogers Communication contract of 2013.

2-Parole Evidence Rule Clause. The clause provides protection for the contract. It effectively renders any other declarations irrelevant, which might be made with a view of invalidating the contract. Apparently, in the course of a contract one may be tempted to make statements, which will reduce the effectiveness of the contract, due to personal reasons. For instance, if after signing the contract the applicant realizes that the duties and services he or she has to render are not commensurate with the payments they get, he or she may be tempted to denounce the deal. However, such measures will not reduce the effectiveness of the contract, as only written statements signed by both parties following the due process will be accepted. The other instance that may activate the use of the clause is if one of the parties employs the previous document or oral utterances to try and explain ambiguities, which may exist in the contract.

The clause also invalidates the other agreements, which may have been entered by the parties before the signing of the contract. The previous documents in this situation may have been used to draft the current contract. The fact, however, does not give the previous records any supremacy over the deal that it brought about. Therefore any existence of such documents will not in any way be accepted as a legal proof of an agreement. The assertion is attributed to the fact that since the partners sat together and signed the current contract, any previous documents cease to have legality. The perception that the papers written and signed by two individuals are evidence does not apply to this case. Apparently, the contract protects itself from such measures, which may seek to affect its mandate.

3-The Merger Clause. The parole evidence rule has a close link to the merger clause as they all serve to invalidate prior agreements or deals between the partners. As the title indicates, the merger clause indicates that the contract is a final agreement between the parties. The merger clause also serves to bring together all other arrangements made between the partners. The merger is an essential clause in the contract, as it helps to make clear any other provisions between the partners. Furthermore, by stating that the previous accords cease to exist, the provision ensures that there will be no confusions regarding the handling of issues between the players.

In relation to the NHL and Rogers Communication contract of 2013, the inclusion of the clause serves to eliminate instances of contention, which may result in expensive court suits. Further issues of contention may lead to losses for the other party. For example, issues agreed upon before the case can give rise to the player being disadvantaged regarding the activities carried out by the parties. Therefore, it is evident that the inclusion of the merger clause in the contract serves to dispel any confusion, which may affect the implementation of the NHL and Rogers Communication contract of 2013.

4-Condition Subsequent Clause

The subsequent condition clause has a role of outlining the situations that can bring the accord to an abrupt end. Several events and circumstances can end a deal. For instance, the death of the applicant is one unforeseeable situation, which can break the transaction. The death of one partner, in this case, invalidates the contact, as it can only be an agreement between two people. Regarding the NHL and Rogers Communication contract of 2013, the death of the applicant will imply that the services, which were to be offered, will not cease. This is because the parties have long term commitment that goes beyond an individual commitment. The director, on the other hand, will have no one to hold accountable for the failure to provide the services. Resultantly the accord will have to be terminated.

Besides one’s death, given the attention that one gets when taking part in a NHL show, scandals can easily lead to the cancellation of a contract. Scandals have a potential of attracting bad publicity to the Television Network, which may result in losses. The assertion is attributed to the fact that the media companies are required to hold high moral standards given their high position in society. As such, the organization will not tolerate employees who may tarnish its name. Scandals may result from different situations, for instance, the involvement in illegal activities. The revelation that one has been involved in illegal activities can immediately lead to public uproar, especially if the personality is a public figure. Given the fact that all participants of the NHL have wide viewership, implies that they are held in high esteem, and any instances of scandal can dent that image. A contract with scandalous reputations fails to generate the perceived profits for the organization, a fact, which negates the expectations as outlined in the contract.

The changes in the law governing a country can also illegalize certain topics discussed in public. As highlighted above the contract has to conform to the regulations of the region in which it is implemented. Therefore, in case the laws in which its formulation depended on change, then the contract will be rendered invalid, as it will have no backing. The lack of a legal support implies that such a contract will not be enforceable or given as evidence of agreement in any court of law. The contractors, (NHL and Rogers Communication), will have to stop offering their services since they won’t get any compensation. Apart from that, changes in law may end up making some activities illegal. Given the public stature of a television station, it has to comply with every law or regulation passed in order to avoid the repercussions.

5-Condition Precedent Clause

As the title indicates, condition precedent covers those activities that have to occur for the contractual activities to be carried out. There is a myriad of aspects that fall into this category. For instance, the contractor may require that the director pays a certain amount before the commencement of the program. Therefore, the services will not be rendered until the achievement of the highlighted factor. Besides the payment of a specific sum of money, time can also be an element; the contract may have stipulated that the activities will only commence after the elapse of a specified duration. Given the magnitude and the demand associated with the NHL, such a clause may come in handy in stipulating the period, which the partners have to wait before delivering the agreed services. Therefore, the contractor will not begin offering his or her services until the specified duration elapses. Essentially, the clause is a great determiner in the formulation of the contract, as it stipulates the steps to be followed before the commencement of the activities as agreed upon by the partners.

6-Performance Clause

The performance clause will detail the services that the individual will be required to offer. A sport TV channel show involves many recordings of both and audio and video of the applicant’s actions; and live streaming. The performance section, in this case, will inform the applicant of what he will be required to do, whom he or she will get involved with, and where the recording will be carried out. The NHL showed in different places to ensure variety. It is; therefore, important that the clause should be included in the contract.

The performance section will also stipulate how the applicant is required to behave when performing the specific tasks. The aspect will entail issues, such as how they should relate to other employees and participants, and the directors/employer. How one should react to the viewers in case, the director calls for live interviews with the fans.

In order to ensure conformity to the highlighted requirements, the rendition clause may include a production appraisal requirement. In this regard, the clause will stipulate how the organization will conduct the evaluation and the role that the contractor is expected to play. Once the assessment has been conducted, the measures to be taken by the team to rectify any concerns will be highlighted. For instance, in the case that the Rogers (contractor) fails to meet the agreed threshold of performance, the measures taken by the director may involve the cancellation of the contract or the reduction in compensation. On the other hand, the exemplary performance may be recognized with incentives from the NHL. Therefore, the incentives that Rogers Communication is liable to acquire should be included and agreed upon by the partners. Such factors have to be stipulated in the performance clause in order to avoid confusions during the implementation stage.

7-Time Clause

The time requirement highlights the duration or period under which the duties signed under the contract will be covered. This measure will also ensure that Rogers Communication will schedule their time in order to allow for proper programming of the NHL sports highlights. The applicant should also be informed of the emergency shooting, and how he or she is supposed to react to them in terms of time allocation. The show director, on the other hand, has a responsibility of ensuring that the employee is paid on a timely basis as agreed upon in the contract. The failure to perform the outlined activities at the described time can result in the contract being rendered null and void.

8-Forum Clause

Bearing in mind the fact that a contract is a document that binds two individuals to an agreement, the legislative component must be related to those of a particular region. Different states have different laws, which govern the activities within its jurisdiction. In this regard, the forum clause explains the rules that the contract contains in terms of territory or jurisdiction. Given the difference in geographical regions and the governing bodies, the contract should capture the details concerning how the legal aspect of the contract will be enforced. Stating such an element on the contract can significantly aid towards its implementation.

The forum clause also details what will happen in case there is a change in the laws. The changes in law can render the NHL and Rogers Communication contract invalid, and as such, this has to be explained under the clause.

9-Indemnity Clause

Indemnity is the covering of losses. Either partner risks incurring losses in case of certain events occurring. Therefore, the indemnity clause explains the measures that have to be taken to protect the other from being affected. Some of the aspects, which have to be covered include the privacy of the applicant. As highlighted earlier, playing a role in a television show and specifically a reality show exposes an individual to too much publicity. Some of the requirements involved in a reality show are that the person should ready for the shooting 24 hours a day as highlighted in the NHL and Rogers Communication contract of 2013. The assertion implies that many aspects, which are considered private, may end up getting to the public domain. The indemnity clause in this regard explains how such factors should be approached including some payments, which can be made.

On the other hand, an indemnity clause may also highlight the instances that the Rodgers Communication will not have to incur the expenses resulting from a personal loss. Regarding the example highlighted above, the continuous recording carried out on NHL games shows can easily lead to the exposure of personal information, which may be injurious to the individual. Having outlined the duration of the recording to the applicant beforehand, one should be psychologically prepared for the intrusion of their privacy. As such, if certain personal information leaks, it will not be the fault of the director but rather the partners. It will be regarded as negligence on the part of the player, and as such the director/company will be indemnified against shouldering such costs.

The other instance when the applicant experiences a loss that may not be covered by the manager is when fielding questions from the fans concerning the show. Given the nature of humanity, the fans may ask questions that are embarrassing or annoying to the players. In this case, the person fielding the questions should not respond in a negative way but rather handle them professionally. The psychological torture resulting from such encounters may or may not be covered by the show director depending on the factors agreed upon in the indemnity clause.

10-Severability Clause

The severability clause is aimed at protecting and ensuring the integrity of a NHL and Rodgers Communication contract of 2013. In the case that a court of law outlaws some sections of the deal, the remaining elements of the agreement are not invalidated. In relation to the variation in interests and the competition in the journalism industry, the contract deal is likely to receive opposition or attacks from persons who may want to jeopardize the relationship between the two partners. In this regard, the contract should be able to stand the tests of time.

Some instances, which may lead to the invalidation of a particular section of the contract, are the changes in the legislations governing broadcasting. Specifically, morality-based issues have often resulted in the banning of certain shows. In such circumstances both the NHL and Rodgers Communication stand to lose. As highlighted above, a contract is anchored on the rules governing certain jurisdictional areas. Resultantly, any changes in such laws can easily invalidate the contract. The severability clause will come in handy in such moments, as it will provide for the continuation of the contract even without the existence of some parts.

In individual basis, the severability clause stands to benefit the players in case a court of law strikes out some sections of the contract. Bearing in mind the fact that the player benefits from the contract through the payments given in response to the contractual services offered. In this case without the contract binding the Rodgers Communications to the agreement, the players stands to lose as such the individual may resort to abandoning the service provision altogether. The severability clause, in this case, gives the much-needed lifeline to the contract, which will enable the player to continue earning.

On the other hand, the Rodgers Communication station accrues many benefits from the continuation of the contract. In signing the contract, the television station hopes to profit from the services offered by the contracted individual. The NHL serves the interests of the television station by showing the league matches, which attracts the attention of the viewers, consequently heightening the earning from advertisements. Therefore, any instances that will lead to the cancellation of a contract can translate to lost revenue on the part of the organization. The severability clause will; therefore, serve the interests of the organization by protecting the cancellation of the contract, and subsequently providing a continuation of the services.

11-Arbitration Clause

As the title indicates, an arbitration clause stipulates that any dispute arising between the partners should resolve through an arbitration channel. The NHL and Rogers Communication contract of 2013 relies on arbitration as a dispute resolution process. Bearing in mind the fact that the settlement of disputes through mediation is much cheaper and faster as compared to the litigation process, the arbitration clause serves the interests of the parties. The arbitration process relies on less detailed processing in its implementation. For instance, the parties do not require the representation of an attorney, since the judicial processes are straightforward and easy to understand.

In relation to the NHL and Rodgers Communication contract, arbitration serves their best interest in that they won’t require spending much time in the process. This p