In most instances, a contract made between an adult and a minor is not binding on the minor. This means that a person under 18 years of age is generally allowed to void any contract they enter into at any time, with or without good cause.
This legal reality creates significant problems for producers, production companies, studios, and other entertainment industry employers who hire minor performers. Imagine, for example, a child actor walking off the set half-way through production of a big-budget film, leaving the producer with a half-finished film and no legal recourse. Or even worse, a child star voiding his contract on the eve of a film’s release, thereby revoking the producer’s right to use the child’s image and essentially holding the film hostage. (For more on this threat, see “When Does A Minor Performer’s Contract Need To Be Approved.”)
The risk of nightmare scenarios such as these compelled the California legislature to create a legal exception to the traditional unenforceability of minors’ contracts.
In California today, an employer who contracts with a minor performer can petition the court to review and approve that contract. If the reviewing judge adjudicates the contract to be fair and in the best interests of the minor, then that contract will become binding on the minor as if he/she were an adult.
This court approval process serves both to protect the employer from breach of contract by the minor and also to ensure that the minor is not taken advantage of by the employer via unfair or exploitative contract terms.
If you have questions regarding a minor’s contract or need to obtain approval of such a contract, contact us today.
