Anything Goes : Agreement off by Padma Narayanaswamy

Padma Narayanaswamy

Agreement off

I had an agreement with a director for producing my script Human Bonding but now she is telling me she is unable to direct due to personal reason what should I do ? I still I have the agreement but it is not in legal format what should I do any suggestions . pl help and thanks .

D Marcus

Offer your thanks for considering your script. Wish her well for whatever personal issues she is experiencing and move on.

Padma Narayanaswamy

Yeah that is what I am doing .

D Marcus

I apologize. When you asked what should you do I thought you didn't know what to do. I'm glad you know what to do.

Padma Narayanaswamy

It is ok I ranted my illuck. There is many a slip between a cup and a lip . This is not the only one another producer also offered payment but when I asked he became quite . Illuck is dodging me so much so that I lost my child

Jessica Santana (aka) Santana Bastille

seek someone that is serious about assisting you, personal things happen yes but if she is really interested in this project she will find a way to assist. So since that is not happening find someone that will. Great luck darling.

Padma Narayanaswamy

Thanks Jessica

Andy Svensson

The Balance between writer and director are not always easy. Have met writers in Switzerland who have felt the director had changed things that don't really work out in the story. If your script is bought, a good director should be able to do some good adjustments for the final movie, to even make it work better on screen. If he or she is not so good, then they can make it worse, or even bring the movie to fail. However a first assistant Director said to me once, when I asked him about a movie he worked for, which I thought sucked completely: "Well, you want to work and get paid, or you do some other job!" He is successfully booked each year on 2-4 Films. But in some cases failure in an agreement can bring you to a better person, place or project. You'll never know.

James David Sullivan

You may want to ask a lawyer. If you have an "agreement" in writing, a court might find it to be a binding contract, even if it does not appear to be a traditional contract.

D Marcus

Don't you think that's a little extreme, James? Going to court to force a director who is unable to direct the movie due to personal reasons to direct the movie seems overkill. Even if it is completely legal to do so it seems to me to be an unwise move.

James David Sullivan

Anyone could say that they have "personal reasons" to avoid completing an agreement. If the reasons are truly sufficient, that is one thing. But if you make an agreement, you should fulfill it. What would you say about an actor who starts a movie and then refuses to complete it for "personal reasons"?

James David Sullivan

By the way, monetary damages in lieu of specific performance is always an option.

D Marcus

Fair enough, James. However when you change the situation to make your point it is less persuasive. In this case the director did not start the film and then drop out. The director agreed to direct the film but before anything happened she told the writer she couldn't do it. If production was started (as you pose in your example) then legal action would be appropriate. In this situation I feel legal action is extreme. Very expensive to sue for monetary damages in a situation like this. So a more apt question would be; what would you do if an actor agreed to be in a movie and then dropped out before production started for personal reasons. In that case I would wish the actor well and recast. I would not contact a lawyer and sue.

James David Sullivan

It depends on how much work was done convincing the actor to be in the film. It is seldom the case that nothing has already been done prior to the first day of filming. A huge amount of preparatory work has been completed. A substitute actor who might have been available earlier may now have a schedule conflict. There could be a lot of damage done by such a change in plans. We don't know if the director's is telling the truth about his reasons. We don't know if other things are involved. That's why I suggested to contact a lawyer. He or she could tell if a binding agreement had been reached, what the legal damages might be, etc. The attorney might also advise against pursuing a lawsuit. But I don't think people in any kind of business should make agreements that they won't honor.

Padma Narayanaswamy

Thanks for the advice James . Screenplay Agreement I, Gloria Hass, reside at 2055 Coronado Drive, Bullhead City, Arizona in the United States of America agree that I will be utilizing the screenplay written by Padma Narayanaswamy, who resides at A4 Abirami Cascade, NO 9 Mohan Street, East Tambaram Chennai 600059, titled Human Bonding. She will receive full recognition in the film credits as being the writer of this project. Also, Padma Narayanaswamy will receive two percent (2%) of the film budget for her pay once the project is funded for filming. Funds will be sent in United States Dollars in a business check from my company Gloria’s World. This document is dated November 4, 2013. Please accept my typed name as my written signature. Gloria Hass Accepted. Pleaase accept my typed name as my signature Padma N This is the agreement . My husband is saying is not legally viable as this is no legal paper anyway I dont have the money to pursue a case

D Marcus

This seems like a fully legal agreement. A little odd in wording, but seems legal. It doesn't say she will make the movie. It says once the project is funded you will receive 2% of the budget. This agreement does not require her to get the funding, it requires her to pay you "once the project is funded for filming". If she got the funding and didn't pay you would have a case. If she made the film and did not credit you you would have a case. Nowhere in this agreement does it compel her to get the funding and make the film. She has not breeched anything in this written agreement. Very often films in development do not get their financing. This is why an option is paid in advance. At least the writer gets a little something for their time.

James David Sullivan

I would beware of any advice stating that something is "a fully legal agreement" unless it was provided by an attorney familiar with the law in your particular area. In fact, the practice of law without a valid license, including the giving of legal advice, has severe consequences in most jurisdictions. One thing that appears to be missing is consideration for you. Just what were you supposed to receive? If all it takes is "I have personal problems" to cancel the contract, then there's not much of a contract. The idea of a contract is to make the promises enforceable, not avoidable. I have learned over the years that clauses which mean one thing in common usage may mean something totally different in a legal context. Also, I presume there may be more to this, such as oral statements which can be used to fill in the gaps in a written contract under certain circumstances. My advice was and is (if you can afford it) to discuss the matter with a competent attorney.

Padma Narayanaswamy

Thanks for all the advice . Earlier also a producer approached me saying I am interested in a ascripts titled My Indian Sister . He stated that he would pay 50,000 US dollars . Now this agreement . I am also aware this agreement is not binding . Isigned itbecause there is some hope for producing my script . It was my dream . Anyway I hope my guardian angel (my child) will help me in producing my script.

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