Variety (December 1907)

VARIETY 27 BREAKING EUROPEAN CONTRACTS By MAX BEROL KONORAH (President of the International Artists' Lodge of Berlin). Six or eight month/* ago, when the American artist suddenly had visions of a big melon-cutting contest and was anxious to get a big, ripe slice, many who had bookings for Europe deemed it an advan- tage to cancel them and remain on this side. Many times have I been asked by those who have taken that course what would he the consequence, if later, when the "melon time" i,s all over, they should go to appear and who have had these certifi- cates properly attested by the Consulates, or at least before a notary public are also fairly protected, but may have difficulty if it can be proven they worked over here at the time in question. All Continental contracts contain a clause which stipulates what is known as a "Konventionalstrafe," i. e., an ''agreed penalty," and which somewhat re- upon, or rather which the manager fills into the contract and which the artist signs, is nearly always the same amount as the salary for the term of contract, but in some cases it is a month's salary. Kor example, on a two weeks' engage- ment at 2,000 marks (4,000 marks a month) the agreed penalty will generally amount to 2,000 marks, but may some- times even be 4,000 marks. In case of breach of contract the man- ager now does not have to prove any dam- ages since the clause in the contract states the party of the second part ad- mitted beforehand over his signature that the manager would sustain the stipulated amount of damages. The court has no alternative but to render judgment for the full amount. MLLE. MARGURITE. Mile. Margurite Is at present meeting with wonderful success on the Keith Troctor Circuit in her original fantastic equestrian act. the only one of its kind In the world. ' ' - Mile. Margurite is known abroad as the most graceful rider in Europe. The horse and pony In use by Mile. Margurite are In a class alone both for beauty and intelligence. The act Is beautifully costumed, and makes a pleasing and entertaining number, the above striking scene having been reproduced from It. Now booking park season 1908. Address AL SUTHERLAND, St. James Building. across, and whether, being White Rats, under the terms of affiliation, they could expect and receive protection from the I. A. L. To many such inquirers my replies ap- peared to be so surprising that I believe a short article on that subject may inter- est many Americans. It should be of value to all who ever inte.id to go to Europe. I shall speak more especially of the European continent, for that especial- ly concern/* the I. A. T,., but to a degree everything will also apply to England. Anyone who has, with the written con- sent of the management postponed or cancelled his contract, or who has can- celled a contract which distinctly reserved him the- right of cancellation has nothing to fear. Those who have sent doctor's certificates, stating that they are unable sembles the "liquidated damage" clause of the English contracts. According to law a plaintiff, to obtain damages, must prove he ha/3 actually suf fared pecuniary losses to the extent and amount of his claim. This is often diffi- cult, since losses cannot always be meas- ured in money values. By the failure of a big star to appear, a house may suffer a loss of reputation, the money value of which cannot be computed. Therefore, the law provides that both parties to a con- tract may mutually agree beforehand upon the amount of damages which the manager would sustain in case of breach of contract. That is called "agreed dam- ages" or "liquidated damages," or in Ger- many an "agreed penalty," ("Konvention- alstrafe"). The amount which the parties agree If the breach of contract is proved, the manager can get judgment ("in contu- maciam") even if the artist is not sum- moned or notified of the proceedings, pro- viding the manager /shows the artist is iii a foreign country and cannot be served with papers. The whole procedure is really a mere formality and as easy as "protesting" a promissory note. The judgment of the court enables the manager to obtain a writ of attachment at any time within thirty years, whenever the artist shall be within the court's jurisdiction. The artist whose salary i,s attached may contest it, unless he was properly served with a summons at time of trial. But if he lias actuallv committed the breach of con- w tract, such contest will do him little good. Artists who know beforehand that an attachment may be served on their salary at any time generally draw all they can in advance, or at least sign receipts for r such advances, but after the attachment is served the manager cannot pay out any more money and runs a risk even in pay- ing out those sums which have been al- ready receipted for but not yet paid, and, of course, attachments may be served aga}n and again on other engagements till the amount is all paid. There have been many cases where the artist, ignorant of an "agreed penalty," has signed contracts with the same house again, only to find on salary day that in place of his salary he was simply handed a receipt for the "liquidated damages." Still worse, in some cases he has had to pay the agents' commission in addition. How can the artist protect himself f There is but one way. Settle or com- promise with the respective managers be- forehand. If you have broken contracts and intend to go to Europe nevertheless, write the managers, tell them you will iWn.TXK'l IE AND PIQUO, character comedy gymnasts, arrived in this < .milIr.v after hii extended run at the principal Kttrofieail vaudeville theatres. Tlie uet i* of unique roust ruction, anil pro- nounced by gymiiusts who understand their work to he of the very highest accomplishment. I'unllnettti and IMquo remain in America until their Etirofieaa time commences next July. compromise; that your salary is now so and so much more, but to them you will put in the act at the old figure, provid- ing they will stipulate in the contract that they release you from all claims arising from the former contract. Or, if you are not demanding a higher salary, you will find most managers will compromise if you will play their houses a little cheaper than elsewhere. But be sure to see your contract con- tains a full release from former claims. Unless you compromise you might as well prepare for trouble for as many months as you have broken contracts for. The I. A. L. cannot possibly help you, for the I. A. L. does not make the laws, nor does it sign your contracts for you, and has no power to nullify a clause in the contract, which you have set your own signature to. It will, under the terras of affiliation protect vou if vou have a good case. If, for instance, you have sent proper doctor's certificates or had other legally valid reasons for cancellation, but otherwise it can help you but little.