N.Y. ACA Law § 35.03 — New York Code / Act ACA / Title L / Article 35 / Section 35.03
Judicial approval of certain contracts for services of infants; effect of approval; guardianship of savings
Status: in_force

§ 35.03. Judicial approval of certain contracts for services of\ninfants; effect of approval; guardianship of savings. 1. A contract made\nby an infant or made by a parent or guardian of an infant, or a contract\nproposed to be so made, under which (a) the infant is to perform or\nrender services as an actor, actress, model, dancer, musician, vocalist\nor other performing artist, or as a participant or player in\nprofessional sports, or (b) a person is employed to render services to\nthe infant in connection with such services of the infant or in\nconnection with contracts therefor, may be approved by the supreme court\nor the surrogate's court as provided in this section where the infant is\na resident of this state or the services of the infant are to be\nperformed or rendered in this state. If the contract is so approved the\ninfant may not, either during his minority or upon reaching his\nmajority, disaffirm the contract on the ground of infancy or assert that\nthe parent or guardian lacked authority to make the contract. A contract\nmodified, amended or assigned after its approval under this section\nshall be deemed a new contract.\n  2. (a) Approval of the contract pursuant to this section shall not\nexempt any person from any other law with respect to licenses, consents\nor authorizations required for any conduct, employment, use or\nexhibition of the infant in this state, nor limit in any manner the\ndiscretion of the licensing authority or other persons charged with the\nadministration of such requirements, nor dispense with any other\nrequirement of law relating to the infant.\n  (b) No contract shall be approved which provides for an employment,\nuse or exhibition of the infant, within or without the state, which is\nprohibited by law and could not be licensed to take place in this state.\n  (c) No contract shall be approved unless (i) the written acquiescence\nto such contract of the parent or parents having custody, or other\nperson having custody of the infant, is filed in the proceeding or (ii)\nthe court shall find that the infant is emancipated.\n  (d) No contract shall be approved if the term during which the infant\nis to perform or render services or during which a person is employed to\nrender services to the infant, including any extensions thereof by\noption or otherwise, extends for a period of more than three years from\nthe date of approval of the contract, provided, however that if the\ncourt finds that such infant is represented by qualified counsel\nexperienced with entertainment industry law and practices such contract\nmay be for a period of not more than seven years. If the contract\ncontains any covenant or condition which extends beyond such three years\nor, where the court finds that the infant is represented by qualified\ncounsel as provided in this paragraph, seven years, the same may be\napproved if found to be reasonable and for such period as the court may\ndetermine.\n  (e) If the court which has approved a contract pursuant to this\nsection shall find that the well-being of the infant is being impaired\nby the performance thereof, it may, at any time during the term of the\ncontract during which services are to be performed by the infant or\nrendered by or to the infant or during the term of any other covenant or\ncondition of the contract, either revoke its approval of the contract,\nor declare such approval revoked unless a modification of the contract\nwhich the court finds to be appropriate in the circumstances is agreed\nupon by the parties and the contract as modified is approved by order of\nthe court.  Application for an order pursuant to this paragraph may be\nmade by the infant, or his parent or parents, or guardian, or his\nlimited guardian appointed pursuant to this section, or by the person\nhaving the care and custody of the infant, or by a special guardian\nappointed for the purpose by the court on its own motion. The order\ngranting or denying the application shall be made after hearing, upon\nnotice to the parties to the proceeding in which the contract was\napproved, given in such manner as the court shall direct. Revocation of\nthe approval of the contract shall not affect any right of action\nexisting at the date of the revocation, except that the court may\ndetermine that a refusal to perform on the ground of impairment of the\nwell-being of the infant was justified.\n  3. (a) The court may withhold its approval of the contract until the\nfiling of consent by the parent or parents entitled to the earnings of\nthe infant, or of the infant if he is entitled to his own earnings, that\na part of the infant's net earnings for services performed or rendered\nduring the term of the contract be set aside and saved for the infant\npursuant to the order of the court and under guardianship as provided in\nthis section, until he attains his majority or until further order of\nthe court. Such consent shall not be deemed to constitute an\nemancipation of the infant.\n  (b) The court shall fix the amount or proportion of net earnings to be\nset aside as it deems for the best interests of the infant, and the\namount or proportion so fixed may, upon subsequent application, be\nmodified in the discretion of the court, within the limits of the\nconsent given at the time the contract was approved. In fixing such\namount or proportion, consideration shall be given to the financial\ncircumstances of the parent or parents entitled to the earnings of the\ninfant and to the needs of their other children, or if the infant is\nentitled to his own earnings and is married, to the needs of his family.\nUnless the infant is at the time thereof entitled to his own earnings\nand has no dependents, the court shall not condition its approval of the\ncontract upon consent to the setting aside of an amount or proportion in\nexcess of one-half of the net earnings.\n  (c) For the purposes of this subdivision, net earnings shall mean the\ngross earnings received for services performed or rendered by the infant\nduring the term of the contract, less (i) all sums required by law to be\npaid as taxes to any government or subdivision thereof with respect to\nor by reason of such earnings; (ii) reasonable sums to be expended for\nthe support, care, education, training and professional management of\nthe infant; and (iii) reasonable fees and expenses paid or to be paid in\nconnection with the proceeding, the contract and its performance.\n  4. (a) A proceeding for the approval of a contract shall be commenced\nby verified petition of the guardian of the infant's person or property,\nor of the infant, or of a parent, or of any interested person, or of any\nrelative of the infant on his behalf. If a guardian of the infant's\nperson or property has been appointed or qualified in this state, the\npetition shall be made to the court by which he was appointed or in\nwhich he qualified. If there is no such guardian, the petition shall be\nmade to the supreme court or the surrogate's court in the county in\nwhich the infant resides, or if he is not a resident of the state, in\nany county in which the infant is to be employed under the contract.\n  (b) The following persons, other than one who is the petitioner or\njoins in the petition, shall be served with an order or citation to show\ncause why the petition should not be granted: (i) the infant, if over\nthe age of fourteen years, (ii) his guardian or guardians, if any,\nwhether or not appointed or qualified in this state; (iii) each party to\nthe contract; (iv) the parent or parents of the infant; (v) any person\nhaving the care and custody of the infant; (vi) the person with whom the\ninfant resides; and (vii) if it appears that the infant is married, his\nspouse. Service shall be made in such manner as the court shall direct,\nat least eight days before the time at which the petition is noticed to\nbe heard, unless the court shall fix a shorter time.\n  5. The petition shall have annexed a complete copy of the contract or\nproposed contract and shall set forth:\n  (a) The full name, residence and date of birth of the infant;\n  (b) The name and residence of any living parent of the infant, the\nname and residence of the person who has care and custody of the infant,\nand the name and residence of the person with whom the infant resides;\n  (c) Whether the infant has had at any time a guardian appointed by\nwill or deed or by a court of any jurisdiction;\n  (d) Whether the infant is a resident of the state, or if he is not a\nresident, that the petition is for approval of a contract for\nperformance or rendering of services by the infant and the place in the\nstate where the services are to be performed or rendered;\n  (e) A brief statement as to the infant's employment and compensation\nunder the contract or proposed contract;\n  (f) (i) A statement that the term of the contract during which the\ninfant is to perform or render services or during which a person is\nemployed to render services to the infant can in no event extend for a\nperiod of more than three years from the date of approval of the\ncontract, and (ii) an enumeration of any other covenants or conditions\ncontained in the contract which extend beyond such three years or a\nstatement that the contract contains no such other covenants or\nconditions;\n  (g) A statement as to who is entitled to the infant's earnings and, if\nthe infant is not so entitled, facts regarding the property and\nfinancial circumstances of the parent or parents who are so entitled;\n  (h) The facts with respect to any previous application for the relief\nsought in the petition or similar relief with respect to the infant;\n  (i) A schedule showing the infant's gross earnings, estimated outlays\nand estimated net earnings as defined in subdivision three of this\nsection;\n  (j) The interest of the petitioner in the contract or proposed\ncontract or in the infant's performance under it;\n  (k) Such other facts regarding the infant, his family and property, as\nshow that the contract is reasonable and provident and for the best\ninterests of the infant.\n  If no guardian of the property of the infant has been appointed or\nqualified in this state, the petition shall also pray for the\nappointment of a limited guardian as provided in subdivision seven of\nthis section. The petition may nominate a person to be appointed as such\nlimited guardian, setting forth reasons why the person nominated would\nbe a proper and suitable person to be appointed as limited guardian and\nsetting forth the interest of the person so nominated in the contract or\nproposed contract or in the infant's performance under it.\n  6. At any time after the filing of the petition the court, if it deems\nit advisable, may appoint a special guardian to represent the interests\nof the infant.\n  7. If a guardian of the property of the infant has been appointed or\nqualified in this state, he shall receive and hold any net earnings\ndirected by the court to be set aside for the infant as provided in\nsubdivision three. In any other case a limited guardian shall be\nappointed for such purpose. A parent, guardian or other petitioner is\nnot ineligible to be appointed as limited guardian by reason of his\ninterest in any part of the infant's earnings under the contract or\nproposed contract or by reason of the fact that he is a party to or\notherwise interested in the contract or in the infant's performance\nunder the contract, provided such interest is disclosed.\n  If the contract is approved and if the court shall direct that a\nportion of the net earnings be set aside as provided in subdivision\nthree of this section, the limited guardian shall qualify in the manner\nprovided with respect to a general guardian of the property of the\ninfant appointed by the court in which the proceeding is had, and with\nrespect to net earnings ordered to be set aside shall be subject to all\nprovisions applicable to a general guardian so appointed.\n  If a guardian of the property of the infant is appointed or qualifies\nafter the appointment of a limited guardian, the limited guardian may\ncontinue to act with respect to earnings under the contract approved by\nthe court until the termination of the contract; upon such termination\nhe shall transfer to the guardian of the infant's property the funds of\nthe infant in his hands.\n  8. (a) The infant shall attend personally before the court upon the\nhearing of the petition. Upon such hearing, and upon such proof as it\ndeems necessary and advisable, the court shall make such order as\njustice and the best interests of the infant require.\n  (b) The court at such hearing or on an adjournment thereof may, by\norder:\n  (i) determine any issue arising from the pleadings or proof and\nrequired to be determined for final disposition of the matter, including\nissues with respect to the age or emancipation of the infant or with\nrespect to entitlement of any person to his earnings;\n  (ii) disapprove the contract or proposed contract or approve it, or\napprove it upon such conditions, with respect to modification of the\nterms thereof or otherwise, as it shall determine;\n  (iii) appoint a limited guardian as provided in subdivision seven of\nthis section.\n  (c) If the contract is approved upon condition of consent that a\nportion of the net earnings of the infant under the contract be set\naside, the court shall fix the amount or proportion of net earnings to\nbe set aside and if the court shall find that consent or consents\nthereto have been filed as provided in subdivision three of this\nsection, shall give directions with respect to computation of and\npayment of sums to be set aside.\n