NY Arts & Cult Aff L § 35.03 (2021)
2021 New York Laws ACA - Arts and Cultural Affairs Title L - Protection of Child Performers and Models Article 35 - Child Performers and Models 35.03 - Judicial Approval of Certain Contracts for Services of Infants; Effect of Approval; Guardianship of Savings.

§ 35.03. Judicial  approval  of  certain  contracts  for  services  of infants; effect of approval; guardianship of savings. 1. A contract made by an infant or made by a parent or guardian of an infant, or a contract proposed to be so made, under which (a) the  infant  is  to  perform  or render  services as an actor, actress, model, dancer, musician, vocalist or  other  performing  artist,  or  as  a  participant  or   player   in professional  sports,  or (b) a person is employed to render services to the infant in  connection  with  such  services  of  the  infant  or  in connection with contracts therefor, may be approved by the supreme court or the surrogate's court as provided in this section where the infant is a  resident  of  this  state  or  the  services  of the infant are to be performed or rendered in this state. If the contract is so approved  the infant  may  not,  either  during  his  minority  or  upon  reaching his majority, disaffirm the contract on the ground of infancy or assert that the parent or guardian lacked authority to make the contract. A contract modified, amended or assigned after  its  approval  under  this  section shall be deemed a new contract.   2.  (a)  Approval  of  the contract pursuant to this section shall not exempt any person from any other law with respect to licenses,  consents or   authorizations   required  for  any  conduct,  employment,  use  or exhibition of the infant in this state, nor  limit  in  any  manner  the discretion  of the licensing authority or other persons charged with the administration  of  such  requirements,  nor  dispense  with  any  other requirement of law relating to the infant.  (b)  No  contract  shall be approved which provides for an employment, use or exhibition of the infant, within or without the state,  which  is prohibited by law and could not be licensed to take place in this state.  (c)  No contract shall be approved unless (i) the written acquiescence to such contract of the parent  or  parents  having  custody,  or  other person  having custody of the infant, is filed in the proceeding or (ii) the court shall find that the infant is emancipated.  (d) No contract shall be approved if the term during which the  infant is to perform or render services or during which a person is employed to render  services  to  the  infant,  including  any extensions thereof by option or otherwise, extends for a period of more than three years  from the  date  of  approval  of  the contract, provided, however that if the court finds  that  such  infant  is  represented  by  qualified  counsel experienced  with entertainment industry law and practices such contract may be for a period of not  more  than  seven  years.  If  the  contract contains any covenant or condition which extends beyond such three years or,  where  the  court finds that the infant is represented by qualified counsel as provided in this paragraph, seven  years,  the  same  may  be approved  if found to be reasonable and for such period as the court may determine.  (e) If the court which  has  approved  a  contract  pursuant  to  this section  shall  find that the well-being of the infant is being impaired by the performance thereof, it may, at any time during the term  of  the contract  during  which  services  are  to be performed by the infant or rendered by or to the infant or during the term of any other covenant or condition of the contract, either revoke its approval of  the  contract, or  declare  such approval revoked unless a modification of the contract which the court finds to be appropriate in the circumstances  is  agreed upon by the parties and the contract as modified is approved by order of the  court.   Application for an order pursuant to this paragraph may be made by the infant, or his  parent  or  parents,  or  guardian,  or  his limited  guardian  appointed  pursuant to this section, or by the person having the care and custody of the infant,  or  by  a  special  guardian appointed  for  the  purpose  by  the court on its own motion. The order  granting or denying the application shall be made  after  hearing,  upon notice  to  the  parties  to  the  proceeding  in which the contract was approved, given in such manner as the court shall direct. Revocation  of the  approval  of  the  contract  shall  not  affect any right of action existing at the date of  the  revocation,  except  that  the  court  may determine  that  a refusal to perform on the ground of impairment of the well-being of the infant was justified.   3. (a) The court may withhold its approval of the contract  until  the filing  of  consent by the parent or parents entitled to the earnings of the infant, or of the infant if he is entitled to his own earnings, that a part of the infant's net earnings for services performed  or  rendered during  the  term  of the contract be set aside and saved for the infant pursuant to the order of the court and under guardianship as provided in this section, until he attains his majority or until  further  order  of the   court.   Such  consent  shall  not  be  deemed  to  constitute  an emancipation of the infant.  (b) The court shall fix the amount or proportion of net earnings to be set aside as it deems for the best interests  of  the  infant,  and  the amount  or  proportion  so  fixed  may,  upon subsequent application, be modified in the discretion of  the  court,  within  the  limits  of  the consent  given  at  the  time  the contract was approved. In fixing such amount or proportion, consideration shall  be  given  to  the  financial circumstances  of  the parent or parents entitled to the earnings of the infant and to the needs of their other children, or  if  the  infant  is entitled to his own earnings and is married, to the needs of his family. Unless  the  infant  is at the time thereof entitled to his own earnings and has no dependents, the court shall not condition its approval of the contract upon consent to the setting aside of an amount or proportion in excess of one-half of the net earnings.  (c) For the purposes of this subdivision, net earnings shall mean  the gross earnings received for services performed or rendered by the infant during the term of the contract, less (i) all sums required by law to be paid  as  taxes to any government or subdivision thereof with respect to or by reason of such earnings; (ii) reasonable sums to be  expended  for the  support,  care,  education, training and professional management of the infant; and (iii) reasonable fees and expenses paid or to be paid in connection with the proceeding, the contract and its performance.   4. (a) A proceeding for the approval of a contract shall be  commenced by verified petition of the guardian of the infant's person or property, or of the infant, or of a parent, or of any interested person, or of any relative  of  the  infant  on  his behalf. If a guardian of the infant's person or property has been appointed or qualified in  this  state,  the petition  shall  be  made  to  the court by which he was appointed or in which he qualified. If there is no such guardian, the petition shall  be made  to  the  supreme  court  or the surrogate's court in the county in which the infant resides, or if he is not a resident of  the  state,  in any county in which the infant is to be employed under the contract.  (b)  The  following  persons,  other than one who is the petitioner or joins in the petition, shall be served with an order or citation to show cause why the petition should not be granted: (i) the  infant,  if  over the  age  of  fourteen  years,  (ii)  his guardian or guardians, if any, whether or not appointed or qualified in this state; (iii) each party to the contract; (iv) the parent or parents of the infant; (v)  any  person having the care and custody of the infant; (vi) the person with whom the infant  resides; and (vii) if it appears that the infant is married, his spouse. Service shall be made in such manner as the court shall  direct, at  least eight days before the time at which the petition is noticed to be heard, unless the court shall fix a shorter time.    5. The petition shall have annexed a complete copy of the contract  or proposed contract and shall set forth:  (a) The full name, residence and date of birth of the infant;  (b)  The  name  and  residence of any living parent of the infant, the name and residence of the person who has care and custody of the infant, and the name and residence of the person with whom the infant resides;  (c) Whether the infant has had at any time  a  guardian  appointed  by will or deed or by a court of any jurisdiction;  (d)  Whether  the infant is a resident of the state, or if he is not a resident,  that  the  petition  is  for  approval  of  a  contract   for performance  or rendering of services by the infant and the place in the state where the services are to be performed or rendered;  (e) A brief statement as to the infant's employment  and  compensation under the contract or proposed contract;  (f)  (i)  A  statement  that the term of the contract during which the infant is to perform or render services or  during  which  a  person  is employed  to  render services to the infant can in no event extend for a period of more than three  years  from  the  date  of  approval  of  the contract,  and  (ii) an enumeration of any other covenants or conditions contained in the contract which extend beyond  such  three  years  or  a statement  that  the  contract  contains  no  such  other  covenants  or conditions;  (g) A statement as to who is entitled to the infant's earnings and, if the infant  is  not  so  entitled,  facts  regarding  the  property  and financial circumstances of the parent or parents who are so entitled;  (h)  The facts with respect to any previous application for the relief sought in the petition or similar relief with respect to the infant;  (i) A schedule showing the infant's gross earnings, estimated  outlays and  estimated  net  earnings  as  defined  in subdivision three of this section;  (j) The interest  of  the  petitioner  in  the  contract  or  proposed contract or in the infant's performance under it;  (k) Such other facts regarding the infant, his family and property, as show  that  the  contract  is  reasonable and provident and for the best interests of the infant.   If no guardian of the property of the infant  has  been  appointed  or qualified   in  this  state,  the  petition  shall  also  pray  for  the appointment of a limited guardian as provided in  subdivision  seven  of this section. The petition may nominate a person to be appointed as such limited  guardian,  setting forth reasons why the person nominated would be a proper and suitable person to be appointed as limited guardian  and setting forth the interest of the person so nominated in the contract or proposed contract or in the infant's performance under it.   6. At any time after the filing of the petition the court, if it deems it  advisable, may appoint a special guardian to represent the interests of the infant.   7. If a guardian of the property of the infant has been  appointed  or qualified  in  this  state,  he  shall receive and hold any net earnings directed by the court to be set aside for  the  infant  as  provided  in subdivision  three.  In  any  other  case  a  limited  guardian shall be appointed for such purpose. A parent, guardian or  other  petitioner  is not  ineligible  to  be  appointed  as limited guardian by reason of his interest in any part of the infant's  earnings  under  the  contract  or proposed  contract  or  by  reason  of the fact that he is a party to or otherwise interested in the contract  or  in  the  infant's  performance under the contract, provided such interest is disclosed.   If  the  contract  is  approved  and  if the court shall direct that a portion of the net earnings be set  aside  as  provided  in  subdivision  three  of this section, the limited guardian shall qualify in the manner provided with respect to a general  guardian  of  the  property  of  the infant  appointed  by the court in which the proceeding is had, and with respect  to net earnings ordered to be set aside shall be subject to all provisions applicable to a general guardian so appointed.   If a guardian of the property of the infant is appointed or  qualifies after  the  appointment  of a limited guardian, the limited guardian may continue to act with respect to earnings under the contract approved  by the  court  until the termination of the contract; upon such termination he shall transfer to the guardian of the infant's property the funds  of the infant in his hands.   8.  (a)  The  infant shall attend personally before the court upon the hearing of the petition. Upon such hearing, and upon such  proof  as  it deems  necessary  and  advisable,  the  court  shall  make such order as justice and the best interests of the infant require.  (b) The court at such hearing or on an  adjournment  thereof  may,  by order:  (i)  determine  any  issue  arising  from  the  pleadings or proof and required to be determined for final disposition of the matter, including issues with respect to the age or emancipation of  the  infant  or  with respect to entitlement of any person to his earnings;  (ii)  disapprove  the  contract or proposed contract or approve it, or approve it upon such conditions, with respect  to  modification  of  the terms thereof or otherwise, as it shall determine;  (iii)  appoint  a limited guardian as provided in subdivision seven of this section.  (c) If the contract is approved  upon  condition  of  consent  that  a portion  of  the  net  earnings  of the infant under the contract be set aside, the court shall fix the amount or proportion of net  earnings  to be  set  aside  and  if  the  court  shall find that consent or consents thereto have been  filed  as  provided  in  subdivision  three  of  this section,  shall  give  directions  with  respect  to  computation of and payment of sums to be set aside.