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Arik Efros on Negotiating a Contract

Maggie Mulhern | March 16, 2012 | 5:40 PM

Arik Efros has negotiated dozens of contacts for beauty Professionals as CEO of the Eva Scrivo Artists Agency, including positions as brand spokesperson, radio and television contracts, book and on air host gigs positions.  At a recent photo shoot at the Eva Scrivo Salon in NYC, Efros filled me in on some of the MUSTS for salon professionals when negotiating for any kind of brand position. He brought up obscure points that only a truly seasoned contract representative would think about, for example  “image protection”, travel clauses, fashion budgets and renewal rights. “One area most artists don’t consider is the all important “run off period”, he told me. “It is the additional period of time for which a company can use your name or likeness for a brand once your contract has expired.” Efros points out that if an artist is in this runoff period and another company approaches you, “even though legally you may not be prevented from signing with them, the new company would clearly want you to represent them exclusively from the beginning of the contract.”

 In an addition to the run off period, Efros is mostly concerned on how the likeness of the represented artist is used. “You have to make sure you have the right to approve any quotes or any likeness used.  A PR firm representing the brand created a quote supposedly from one of my artists….words she never uttered..words she would never say. Because it was in our contract that we reserved the right to approve, we were able to address this immediately and have the quote removed.”

 

Efros is not a lawyer, but has an MBA from the prestigious Indiana University Kelley School of Business and has learned what works from both sides. “I’ve negotiated contracts as a brand manager from the other side,” he says. “I understand the workings of the corporate world. The artists in the salon world are unfamiliar with this and it can be a rude awakening on their first experience.”

Even something as simple as the definition of a “day”. According to Efros, the contract should stipulate that the “day” should be limited to 10 hours, and definitely no more than 12 hours. If it goes over that, it should count at one and one half days or even 2 days.  An Efros artist was once offered a contract where the day was defined as  “18 hours. After negotiation, we agreed on a 12 hour day and that anything over that would constitute an additional half day up to 18 hours.” In some contracts, the day is not defined at all. “It’s important to get that in there so there are no misunderstandings down the road.” According to Efros, “So often the artist is focused on what he or she will be paid and not the little details that really make a difference in the long run.”

The bottom line, according to Efros, is that the contract should be positive for all parties involved.  “Overall, 99% of the time, it is a great experience and opportunity and a great way to earn extra money while providing a service to the brand.  However, it’s best to be preemptive and eliminate any surprises down the road.”

 

Although Efros does not go out and FIND contracts for artists NOT in the Eva Scrivo Artists Agency, he is available (for a fee) to review all contracts, or even negotiate on behalf of a client. In this video, he gives some more insight into what artists should look for in a contract. For more information, contact Efros directly at [email protected]

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