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Questions Answered by Carrie A. Ward
2 Answers | Asked in Contracts for New Jersey on
Q: Do you need a witness to make a written contract binding?
Carrie A. Ward
Carrie A. Ward answered on Jun 23, 2018

Generally, no. To enforce the terms of a contract, the contract needs to be signed by the party that you are enforcing it against.

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3 Answers | Asked in Entertainment / Sports for New Jersey on
Q: I need an entertainment attorney to look over a music feature contract that is 9 pages long. I have a budget.
Carrie A. Ward
Carrie A. Ward answered on Jun 7, 2018

You are wise to seek an attorney to review your contract. You should contact a NJ entertainment law attorney directly to explain what services you need and to find out the cost associated with those services.

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2 Answers | Asked in Contracts for New Jersey on
Q: What happens if there's a phrase in a contract I signed (written by the other party) that is ambiguous, and both parties

disagree about how it should be read?

Carrie A. Ward
Carrie A. Ward answered on May 27, 2018

Generally, ambiguity is construed against the drafter. You should consult an attorney to review your contract.

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1 Answer | Asked in Business Law, Contracts and Employment Law for Pennsylvania on
Q: I had a NCA with a company that was purchased by another company. Do I still have an NCA?

The company I worked for, was purchased by another company. The new company acquired the assets and its related business and operates the acquired company through a wholly-owned subsidiary.

I did not go along with the new company so my question is whether or not the 2 year non-compete that... Read more »

Carrie A. Ward
Carrie A. Ward answered on Apr 16, 2018

You should have an attorney review your NCA for the best guidance. There may be assignment clauses and the NCA obligations may extend beyond your employment (with either company). It would be wise to engage an attorney to receive solid advice.

1 Answer | Asked in Entertainment / Sports and Gaming for Arizona on
Q: Can Gaming Events offer cash prizes if children enter the event?

People pay to enter a gaming event, things often referred to as "E-Sports". These events offer cash prize pools based on percentages for placement. If children are present, and/or enter the gaming event, are there laws and restrictions the Gaming Event Organizers should be aware of to avoid legal... Read more »

Carrie A. Ward
Carrie A. Ward answered on Apr 15, 2018

You will need to make sure the structure of your game does not trigger an illegal lottery concern. Illegal lotteries consist of 3 elements: (1) provision of a prize; (2) chance; and (3) consideration (i.e., money is paid to play). Event organizers should consult experienced promotions and... Read more »

1 Answer | Asked in Business Formation and Business Law for Pennsylvania on
Q: I owned an MC and Website Hosting Company. Someone else is saying they made my company. Help
Carrie A. Ward
Carrie A. Ward answered on Apr 13, 2018

You need to retained experienced Pennsylvania counsel to assist you with this. What is this third party claiming? Do they have an attorney involved? You need experienced counsel to protect your business.

3 Answers | Asked in Business Law and Business Formation for New Jersey on
Q: Once you decide to start a business how long do you have to retain a business license in the state of New Jersery?
Carrie A. Ward
Carrie A. Ward answered on Apr 10, 2018

You should do this as soon as possible. You will need to start reporting sales and use tax. Depending on the type of business, you will need to register through the state or county. An experienced business law in attorney will be able to properly advise you.

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2 Answers | Asked in Contracts and Business Law for Pennsylvania on
Q: Board members of a company are banning another board member(equal owner) from company meetings and votes.

Small Family LLC, 3 against 1 type of problem.

Carrie A. Ward
Carrie A. Ward answered on Apr 4, 2018

A review of the company's governing documents is necessary. You should engage experienced PA counsel to review the documents, analyze the facts of the situation, and to provide further guidance, which may or may not include litigation based on the specific facts of the situation.

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1 Answer | Asked in Contracts and Employment Law for Pennsylvania on
Q: After signing a offer letter and non compete letter I found out the company was under an FTC investigation. Can get out

I retired from the navy in 2106. Signed an offer letter and non disclosure agreement with a small privately held company. Purchased a home and relocated. Three months later I found out the company was under an FTC investigation. If I would have known, I wouldn’t have joined the company. With... Read more »

Carrie A. Ward
Carrie A. Ward answered on Apr 2, 2018

It may be possible, but you need to work with an experienced PA attorney review your situation and review the documents that you signed with the company. It is difficult to give you guidance without actually consulting with you directly about your situation.

1 Answer | Asked in Entertainment / Sports and Gaming for California on
Q: I own a gaming website that blogs and reviews to promote gaming companies.

My question would be am I allowed to take my own in-game screenshots and use these images on my websites to avoid copyright infringements or violations? I have scoured the internet to find a reasonable and safe way to use images from big game titles. If this is not allowed are there any way... Read more »

Carrie A. Ward
Carrie A. Ward answered on Mar 27, 2018

You will need permission from the gaming companies to use images of their game that you are using in a promotional context. Taking screenshots from your own game and then using them for commercial purposes is not advisable.

2 Answers | Asked in Entertainment / Sports for Florida on
Q: Is a satire I've created based on another work considered fair use? Can I sell it?
Carrie A. Ward
Carrie A. Ward answered on Mar 21, 2018

The answer to this question is fact dependent on the content of your work. It is advisable to have an experienced copyright attorney analyze your work for the best guidance.

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1 Answer | Asked in Entertainment / Sports for New York on
Q: What rules apply to promoting products on social media?
Carrie A. Ward
Carrie A. Ward answered on Mar 15, 2018

The FTC guidelines for endorsements govern promoting products on social media. The guides are specific, but in general you need to make it clear that any “mentions” on social media are paid advertisements. There are are many ways that this can be accomplished. An attorney experienced in... Read more »

2 Answers | Asked in Contracts for New Jersey on
Q: Do I have the right to rescind a dating service contract that I just signed two days ago?
Carrie A. Ward
Carrie A. Ward answered on Mar 15, 2018

You need to carefully review the terms and conditions of the contract that you signed to determine your termination rights.

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1 Answer | Asked in Business Law, Communications Law, Contracts and Internet Law for Illinois on
Q: Events management company wanting to use attendees headshots in marketing on social media (i.e. twitter, LinkedIn, etc).

what are the legalities behind this? do we need to ask permission first?

Carrie A. Ward
Carrie A. Ward answered on Mar 15, 2018

You need affirmative consent to use their images for promotional purposes. Did you hav them sign a release? Were they provided affirmative notice that their pictures were taken and may be used for promotional purposes? An experienced attorney in the promotional space can help you develop the... Read more »

1 Answer | Asked in Contracts and Employment Law for New Jersey on
Q: Is an employer allowed to make an employee sign a binding employment contract once hired full time?
Carrie A. Ward
Carrie A. Ward answered on Mar 12, 2018

Generally, an employment agreement is signed prior to the start of employment. If the employment agreement that your employer is asking you to sign after your employment has started contains restrictive covenants (e.g., non-compete and non-solicitation clauses), the employer has to offer you... Read more »

1 Answer | Asked in Entertainment / Sports for Texas on
Q: How can I find out if my entertainment manager is stealing from me

I think my manager is stealing checks that I don't know about from me. Since I don't know where they come from, I believe she is stealing them. How do I find out if I'm not getting money that's owed to me.

Carrie A. Ward
Carrie A. Ward answered on Mar 6, 2018

I would start by asking her for a full accounting of your receivables. It is a jumping off point to make sure that you are receiving what you are entitled to.

1 Answer | Asked in Entertainment / Sports for Ohio on
Q: Question on Copyright Laws on a Radio Show I Host

I host a radio show on an online radio station. I am covered under there contract to play any bands I want. I record all my shows and want to host them on a website. Do I need a separate license for this and if so do you have any recommendations?

Carrie A. Ward
Carrie A. Ward answered on Mar 2, 2018

You need to have licensing agreements in place with BMI, ASCAP, SESAC and all other music licensing entities in place to play music over the air. You will also need a separate license with SoundExchange to play music on your website.

2 Answers | Asked in Business Law, Employment Law and Contracts for Pennsylvania on
Q: Can a company in PA change bonus payment structure after the close of the year, with no prior notice?

The company just released fiscal 2017 results, and we missed most targets. I then get an email saying they are changing our bonus payment for 2017, and the company as a whole will get a flat % due to poor overall company performance. I am part of a sales division that exceeded part of the bonus... Read more »

Carrie A. Ward
Carrie A. Ward answered on Feb 28, 2018

It will probably be an issue for your company if they clearly state the bonus structure in your contract. You should review your contract carefully. If you do not have a contract, your company has the flexibility to change its bonus structure as it sees fit. However, it is a major public... Read more »

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1 Answer | Asked in Contracts, Business Law, Communications Law and Internet Law for Michigan on
Q: Freelance client is months behind payments and requiring digital account access prior to paying. What are my rights?

After six months trying to arrange a payment schedule as promised by client, the client requested more work prior to pay. I declined and offered a payment schedule. Point person misunderstood and responded by dissolving business relationship and demanding digital web/email account access... Read more »

Carrie A. Ward
Carrie A. Ward answered on Feb 28, 2018

Do you have a written contract with the client? If so, you should examine the terms of any default provisions. If you do not have a contract, it is a trickier situation and you probably have the right to terminate the contract without further liability to the client. However, you need to examine... Read more »

1 Answer | Asked in Entertainment / Sports and Gaming for New York on
Q: Is it considered gambling for players to put monetary wagers on skill based games?

If 2 players decided to make a bet on which one of them was better in a skill based video game (online chess or League of Legends) is it considered gambling even though none of the results are controlled by luck?

Carrie A. Ward
Carrie A. Ward answered on Feb 25, 2018

It is illegal when there are 3 elements present in the contest: (1) prize; (2) chance; and (3) consideration. In the scenario you describe above, the element of chance is missing in the equation.

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