Abstract: In this article, how a good manager should be in line with our experience and the legal validity of the irresponsibility clauses in the manager-client contracts were examined.
The French word “Manager” is defined in TDK(Turkish Language Institution) as “The person who regulates and manages the professional work of an athlete or an artist.”
Nowadays, managers are also involved in the daily lives of athletes and artists in addition to their professional lives, they also organize and manage their daily work.
In our opinion, the reason for this can be shown that the daily life of athletes and artists affects their professional lives.
The main tasks of a good manager are respectively;
If we examine these three tasks;
The manager should be the main source of solutions not only in the career of the client, but also in health problems, psychology problems and social relations. 7/24 support should be provided in cases where the client needs.
During these processes, the manager must also protect the professional business relationship with the client and should not allow the crossing of the professional relationship between them.
In summary, a good manager should also be in the position of the life coach of his client.
The situations that may jeopardize the career of the athlete and the artist and that may create danger should be analyzed in advance by the manager, precautions should be taken against the related dangers and risk situations.
Any contract signed by the client must be reviewed and if necessary revised by the manager.
All kinds of press relations of the client should be under the control of the manager, and if necessary, the rights of the client, especially the legal rights of the client, should be defended immediately.
In summary, a good manager should have both good legal knowledge and consultancy skills and should be a consultant who can protect the client in every sense.
During the development of the client's career, the client's awareness should be increased, especially in agencies and platforms with high functionality, then the future proposals and projects of the client should be examined and the most appropriate projects and proposals should be explained to the client separately with positive negative aspects. Then they must be decided together.
In such cases, it is not appropriate for the manager or the artist to decide on his own.
The personal development of the client should not be neglected by the manager, client's participation in training and programs that will contribute to the client should be encouraged by the manager and the client should be directed.
In summary, a good manager should also be the client's personal development coach.
In total, the manager can be defined as someone who will support, advise and improve the client at every stage of his career and life.
The contractual relationship between the manager and the athlete-artist should be interpreted on the basis of the above-mentioned principles and the legal responsibility of the manager on the athlete-artist should be determined in the light of these principles.
The manager stands out as both a consultant and a proxy in line with the issues mentioned in this article.
Consultants works with service contract but the proxies work in accordance with the proxy agreement.
In our opinion, the interpretation of a management contract as a career-only contract will contradict the above-mentioned principles of the management concept.
Due to the nature of the manager agreement, which it is a mixed agreement, which consists of the combination of service and proxy agreements, the responsibility of the manager emerges in this direction.
It is clear that the managers' responsibilities in matters they provide consultancy will be less than the ones they act as proxy.
Managers may be held liable for gross negligence or intent in matters they provide consultancy, whereas their responsibility in cases where they act as a proxy begins with slight negligence.
Although each event will be considered on its own, it is clear that the attorney's law will be at a minimum level of liability, especially if the manager is also a lawyer, especially if he provides legal advice and acts as a proxy.
In light of all these reasons, it is clear that the manager should be careful in managing the client's relationship and be responsible for the negative impact on the client due to his own fault.
Although it is appropriate to limit liability to a certain amount, in our opinion, a provision that the manager will be irresponsible for the outcome of any business not possible to find a legal application area.
In such cases, despite the manager's irresponsibility clause, the manager should be responsible for the losses incurred by the client.
Menejerlik İlişkisi ve Menajerin Hukuki Sorumluluğunun Yorumlanması
Releations and Resposibilities Between Manager & Client
Av. M. Burak KÜÇÜKİSLAMOĞLU