- 4 - In 1994, Heather auditioned for and was selected by Theatrical Presentations International, Inc. (TPI), to be a Fan Fest Kid at Major League Baseball’s All-Star festivities in Pittsburgh. She performed in a musical-type show for 2 weeks and at the All-Star Game during the seventh-inning stretch. She received no compensation for these performances. Mr. Carino got to know, and had dealings with, TPI and its executive vice president, Mindy Dow. He testified that Ms. Dow encouraged him to enter into a management contract with his daughter and showed him several examples of management contracts. Mr. Carino and his daughter executed a document entitled “Personal Management Agreement”, dated December 31, 1994, which stated a 3-year term with three separate options to renew for additional periods of 3 years. That document stated that Mr. Carino was to act as his daughter’s sole personal manager and was to provide services normally performed by such a person. The document then states: 5. A. As compensation for services to be rendered hereunder, Artist shall pay Manager, as and when received by or on behalf of Artist a sums [sic] of money equal to: i. Ten percent (10%) of Artist’s “gross earnings”, up to and including earnings in the amount of Five Thousand Dollars ($5,000.00) per week, as defined herein; ii. Fifteen percent (15%) of Artist’s “gross earnings”, in excess of Five Thousand dollars ($5,000.00), butPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011