Talent release for foreigners

[Ledrak]

What is the name of your state? SC

I normally have translations of my releases in different languages cause I often work with people who don't speak English (or speak limited English). Problem is I had to make a new release for a specific project I'm working on and only have an English version of it right now. My question is, if I have people who don't speak English sign a release that's written in English, does that automatically void the release? And does it make any difference if I explain the release to them (in their language) so they understand it before they sign it... even though they cannot read it themselves because it's in English??

[JETX]

Originally Posted by Ledrak

does that automatically void the release?

Automatically?? No.
Does it make it voidable by a court of law? Very likely. Especially since you admit that they would not understand what they sign.

And does it make any difference if I explain the release to them (in their language) so they understand it before they sign it... even though they cannot read it themselves because it's in English??

Depends on whether the court accepted YOUR version of the presentation which is unlikely. Far more acceptable if you have an independent 3rd party translator who then has ALL parties sign an agreement to accept the contract as signed.

[Ledrak]

So another words, I guess it's better to take the time and have the release translated...

[quincy]

Yes, that is by far the best and safest route to take.

[Ledrak]

Ok. I got my forms translated. My next question is, do I need to have everyone sign both forms or is it ok for them to only sign the one in the language they understand?

[Ledrak]

Originally Posted by Ledrak

My next question is, do I need to have everyone sign both forms or is it ok for them to only sign the one in the language they understand?

Anybody???

[quincy]

Your question is not a simple one, and I will tell you one of the reasons why it may be important for you to seek the advice of an attorney well versed in International contract law prior to having this contract signed.

The most important part of any contract, in fact the whole purpose of a contract, is the understanding between the parties as to what is being agreed to. Without this understanding and agreement, a contract will not be valid or binding upon the parties. Without a "meeting of the minds", there is no contract.

A simple translation of one contract into the language of another, word for word, is often not enough to make a contract legal and binding. Having someone who does not speak English sign such a translation and/or one entirely in English, raises some legal problems as to the contract's validity.

If you are writing a contract for someone who speaks no English, the contract translation must be understood to mean the same thing in English as it does in the foreign language, and the legal terms translated must indicate which law or legal system is being used for the translated terms.

A translation of a U.S. legal term, in itself, may not be understood by someone whose own language either defines the term differently or does not use the term at all in their language. Therefore, any English U.S. law term must be translated into the comparable meaning it would have in the other language, and not necessarily the comparable word, if any, from that language. There must be a comparability between the legal terms and the concepts of these legal terms in the legal system that is chosen to govern the contract.

Therefore, you can have someone sign a contract that they cannot read, if a translator can translate it in the way it is understood both under U.S. law and in comparable terms in the language of the non-English speaking person. This means that the translation must be carefully worded to be understood in the same way by both parties.

Otherwise you run the risk of the contract becoming void and unenforceable due to misunderstanding and no true meeting of the minds.

So, to answer your question as best I can, and I honestly recommend you go over the contract and translated contract carefully with a lawyer, YES, you can have the non-English speaking person sign a contract written in a different language when this contract is read and translated for this person. But the translation must be not merely of words, but of the legal concepts as well, so the non-English speaking person can agree, without misunderstanding, to the terms of the contract.

[Ledrak]

Ok, so provided I have conveyed the true "meaning" of the contract and the person fully understands the agreement they are signing, does it make a difference which language the contract is in? For example... If I'm dealing with Spanish speakers (who don't speak any English), could I just use a contract written in Spanish, and not even bother having them sign an English version?

I was under the assumption that by being in the US, any contract would have to be written in English for it to be valid. If that's not the case, then I'll just have my contracts made in the necessary foreign language and not worry about having people sign multiple translations.

[quincy]

Again, I would check with an lawyer who is familiar with international contract law, but I believe it is safest to have both an English version of the contract AND a Spanish version of the contract signed - to show that the signature on the English contract was understood by the non-English person who signed, as indicated by the equivalent contract signed in his/her language.

However, you MUST have both contracts state the same things, using terms that are comparable or concepts that are comparable in both languages. Otherwise, the signator on the English version could claim he/she did not understand the terms of the contract. With both versions to compare, they could not claim misunderstanding - as long as the Spanish version contract and the English version contract are equivalent in terms and concepts.

As an example: Shop-lifting is an American concept whose meaning does not translate in all other languages as "taking something from a store that doesn't belong to you." If translated for the purposes of a contract using just the words "shop-lifting", someone could think it very odd that anyone would want to "lift up a shop" anyway. Therefore, you must be careful to write shop-lifting as a concept of theft of items from a store or market (as "shop" is a very American term, as well) instead of just using the English words and American legal concept. Am I being clear here or have I confused?

But, again, I would have your contracts gone over by a contract lawyer prior to signing, so that the contracts in both languages are equivalent. Then have the person who speaks only Spanish sign the one written in Spanish, have a translator translate the one written in English and have the person who speaks Spanish sign it, as well. Then you sign both the Spanish and the English versions, after having the Spanish one translated. That ensures everyone who is party to the contract knows what they are agreeing to and, should a dispute arise later, the contracts make clear that there was a meeting of the minds in both languages.

Again, the vital thing in any contract in any country is that all parties to the contract understand what they are signing. You ensure that, and the contract will be valid and binding (as long as the terms of the contract are not unenforceable for some reason - ie. illegal ).