1. What does a brokerage contract mean?
Brokerage contract is a contract signed by the broker and the client when undertaking brokerage and agency business. Brokerage contract is a kind of economic contract.
2. What kind of performance brokerage contract does it belong to?
According to the classification of contract types in China's contract law, the brokerage contract does not belong to the category of name-goods contract. In addition, according to Article 2 of the Measures for the Administration of Brokers: "Brokers mentioned in these Measures refer to natural persons, legal persons and other economic organizations engaged in brokerage business such as brokerage, brokerage and brokerage for the purpose of collecting commissions in economic activities." Article 16 stipulates: "When undertaking brokerage business, a broker shall, in addition to immediate settlement, sign an intermediary, brokerage and entrustment contract with the parties according to the nature of the business, and specify the main items." It can be seen that the nature of brokerage contract depends on the nature of brokerage business, and it is not defined by law.
In practice, one view is that the nature of the commission contract is the commission contract. On the other hand, the performance brokerage contract is a mixed contract with specific labor content. Due to the particularity of the performing arts industry, some brokerage companies are often not simple trustees, but also play the role of artists' traders, which is reflected in brokerage contracts, including entrusting or acting as agents for performing arts, as well as promoting, training, recording and publishing artists. This kind of mixed brokerage contract has the contractual nature of punishment, intermediary and entrustment.
Third, the legal issues of the termination of the contract between the broker and the star.
Stars and brokers around them usually don't have special money investment for stars, which is obviously different from brokerage companies. There are usually two possibilities for the relationship between a star and an agent.
1, the brokerage company authorizes brokers to serve the stars.
In this case, the broker is the employee of the brokerage company, the star is the signing artist of the brokerage company, and the broker is appointed as the star by the brokerage company.
If so, the star actually has no right to dismiss the agent. Unless he has decided to cancel the contract with the broker, he can only communicate with the broker and ask for a replacement.
2. The broker directly forms a contractual relationship with the individual star.
This kind of contractual relationship may be a simple employment relationship, or it may be a contractual relationship of the nature of entrustment contract. For example, stars authorize brokers to handle related performing arts affairs on their behalf. The remuneration can be fixed, or it can be based on a certain proportion of the business income formed by the broker's negotiation for the star.
Generally speaking, a contract cannot be dissolved at will. Of course, if there are reasons and conditions for terminating the contract, the contract can be terminated. As a star, hiring a broker will definitely take care of his own interests, and some stars can terminate the brokerage contract at any time. So if the star doesn't want his own agent, he can cancel the brokerage contract. Of course, brokers may get some financial compensation.
The above is the latest brokerage contract for your legal knowledge. To sum up, the brokerage contract refers to the contract signed by the broker and the client when undertaking brokerage and agency business, and the contract will stipulate economic expenses, remuneration and other information. If you have any other legal questions, please consult a lawyer, and we will serve you wholeheartedly.