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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), but
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