Eddie Kritzer: Is he a scam artist?
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I got a call from this guy yesterday, he talked to me for a while, wants to read my script, but he also wants me to pay him $600 dollars to do so. That's crazy right? Literary Management Agreement 1. By this agreement, Ashley F. Miller(Author) appoints Eddie Kritzer (E.K.) as her literary representative. E.K. agrees to use good faith efforts to place Author’s , manuscript/script, currently entitled BIBLECON ” (Work)and subsequent (hereafter "Work"),with a Publisher , Studio, Production Company, , , Television Network for a film/book. etc acceptable to the Author and to exploit and turn to account such other subsidiary and television and film rights in and to the Works as may be appropriate under the circumstances. We may use and/or employ subagents and corresponding agents for such purposes. E.K. shall make no agreement on the behalf of the Author without the Author’s written approval. 2. In return for services rendered E.K. in connection with the Work, Author agrees to pay and irrevocably authorizes E.K. to receive in its name, all monies due to or to become due to Author and to retain as its commission fifteen percent (15%) of all gross monies payable to Author . An advance on commission of Six Hundred Dollars ($600.00) shall be paid on the execution of this agreement. 3. In addition to the aforementioned commissions, E.K. shall be reimbursed for the expenses incurred on behalf of the Work (not to exceed a total of $100 without written permission), including photocopying, messengers, cables and overseas postage in connection with submissions for sales, both foreign and domestic, long distance telephone calls, copies of the published book when purchased by the E.K. for subsidiary rights submissions, and other similar and related charges. E.K. shall invoice author quarterly for such expenses or deduct same from funds received by E.K. for Author's account. 4. E.K. shall provide a quarterly itemized account of all expenses to the Author and no expenses shall be due and owing until that itemized account is produced. 5. All funds received by E.K on behalf the Author shall be held in Trust by E.K. and E.K. shall exercise a fiduciary duty with regard to those funds and on behalf of the Author. 6. The Author shall have the right to an annual audit of the financial books and records of E.K. with regard to the Author’s account and E.K. shall produce all records relevant to the Audit. E.K. shall give the accountant conducting the audit access to all financial books and records relevant to the Account. The Audit shall take place at the principal place of business of E.K. unless the parties agree to a different location. 7. Any written notice called for by this Agreement must be sent by registered U.S Mail, return receipt requested, or by FedEx, DHL or UPS overnight courier to the addresses set forth in this Agreement. 8. This Agreement represents the complete understanding between the Author and E.K. and supersedes any prior oral understandings and may not be amended except in a writing signed by the Author and E.K. 9. This Agreement shall be construed under the laws of the State of California. 10. This Agreement is effective on the date of the final signature.
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Replies
  • Putting on my former lawyer hat (practiced corporate & entertainment law for many years, law degree from Harvard, former VP of Legal Affairs for an entertainment co, former director of legal services @ NY's Volunteer Lawyer for the Arts - just providing creds to let you know that I have a lot of experience in this sort of thing), NEVER pay some dude to read your script as an advance on his future manager commissions. This is a scam - you'll never hear from him again. Real management agencies won't ask you to pay them - where's the incentive for him to do anything? And there's no term, no ability for you to get out of it -- I have too many comments on this management agreement to post in a small space. But needless to say, it's something you shouldn't sign.
  • Yes, that is crazy. No need to read any agreement. Never pay anyone to represent you* and certainly not to read your material in order to represent you and MOST certainly not when the aforementioned occurs after they cold-call you. Politely decline. /djw *except legit agency commissions, naturally.