About This Service
Talent representation — the relationship of an agent, manager or representative with a performer — is built in civil law on the contract of mandate. Article 709 of the Civil Code of Georgia defines the concept of this contract, Article 710 the remuneration, Article 713 the duty to provide information, Article 714 confidentiality, and Article 720 termination. This page explains in whose name and at whose expense the mandatory acts, when remuneration exists and when it is deemed agreed, what information the mandator may demand, and what survives the end of the relationship. These norms govern every practical question between a talent agent and the client — from who finances meetings and negotiations to who, and in what form, may bear responsibility when the relationship ends.
The Contract of Mandate and the Remuneration
Under Article 709, by the contract of mandate the mandatory is obliged to perform for the mandator one or several acts in the name and at the expense of the mandator. In talent representation this means that the agent acts in the performer's interests and in the performer's name, while the expenses fall on the mandator. Remuneration is governed by Article 710: the mandator must pay the mandatory a remuneration only in the cases provided by the contract or by law. Remuneration is deemed implicitly agreed where, by the circumstances, the performance of the act is expected only for remuneration. Where the amount is not determined, the agreed remuneration is the customary one. In agency practice this binds the drafting decision: a commission or a fixed fee must be defined in the contract expressly. Otherwise the parties are left with the statutory defaults: the mandator pays what the contract, the law or the circumstances impose — not what it planned. The remuneration clause is therefore the part of the contract that should be agreed earliest in the negotiation.
Information and Confidentiality
Article 713 obliges the mandatory to give the mandator the necessary information, on request to provide updates on the progress of performance, and after performance to hand over a report. An agreement that restricts or excludes these duties in the future requires written form — an oral restriction has no effect. Article 714 addresses confidentiality: the mandatory must not disclose facts known to it in the course of its activity whose secrecy the mandator is legitimately interested in, unless a duty of disclosure exists on the basis of law or the mandator permits disclosure. The full value of this duty lies in its duration: it continues after the end of the contractual relationship — a former agent cannot spread information about the talent's contacts and terms at will. The information duty is just as active: the mandator is interested not only in the result but in the process — updates on the progress of performance are provided upon request, and a report is handed over after performance. In a dispute, that report is the document that proves the work the agent actually performed.
Termination of the Contract
Article 720 establishes the freedom to terminate: the parties may terminate the contract of mandate at any time, and an agreement to waive this right is void. Freedom, however, comes with responsibility: a mandatory who terminated the contract at a time when the mandator was deprived of the possibility to secure its interests otherwise must compensate the damage caused by termination, except where the mandatory had significant grounds for it. If the mandator terminates, it must reimburse the mandatory all necessary expenses incurred in performing the mandated act, and, where the contract was remunerated, pay the remuneration proportionally to the work performed. The end of a representation relationship is thus balanced: the freedom belongs to both parties, while expenses and performed work are distributed by the statutory rule. Timing decides the financial outcome — a termination at a moment when the mandator could not otherwise secure its interests shifts compensation onto the mandatory, unless significant grounds existed, while the mandator's own termination always leaves the necessary expenses and the proportional remuneration to be paid.
Frequently Asked Questions
In whose name and at whose expense does the mandatory act?
In the mandator's name and at the mandator's expense — under the contract of mandate the mandatory performs one or several assigned acts exactly in this way (Article 709).
When does remuneration exist?
Only in cases provided by the contract or law; where performance is expected only for remuneration, it is deemed implicitly agreed, and where the amount is undetermined, the customary remuneration applies (Article 710).
How long does the confidentiality duty last?
It survives the end of the contractual relationship — the duty not to disclose facts continues after the representation ends (Article 714).
May the contract be terminated at any time?
Yes — an agreement waiving this right is void; but who compensates damage, expenses and remuneration depends on the timing and circumstances of termination (Article 720).
How We Help on Legal.ge
We will draft a talent representation contract in which the scope of acts, the remuneration, the periodicity of reporting and the boundaries of confidentiality are defined precisely; explain the rules of information and reporting; and assess the consequences of termination for damage, expenses and remuneration. Contact us and build representation on a legal foundation.