You are exaggerating. The potentially illegal parts as described in the annotations are the penalty stuff (which I called out originally), and possibly the requirements of PII and the termination without notice. The contract would not be voided entirely due to the severability clause. Even the wonky amendment notice rules are likely legal, if scummy.
The entire thing being illegal no, key parts certainly. Penalties being illegal in general would already be a start to that and should be in the rules of conduct normal. The termination with no cause of course is illegal to no surprise. There is certainly thing that are questionable that might be illegal like the amendment clause cuase like they point out article 24 might contradict all of article 23, you would need to take it to a judge to find out.
Yep, but amount of voided clauses won't leave anything that niji could collect on, at which point whole contract might be void as well. It's cascading, voiding one clause for illegality makes other clauses unenforceable, thus void too, and so on. In the end we left with definitions, obligatory anti-yakuza and public moral blobs, and little else.
Yes the entire 1 voided clause of penalties.
Voiding the penalty clause, info requirements, and such, do not fundamentally void the contract. As long as you have an offer, acceptance, and consideration, there is a contract, unless there's some sort of bar to validity like lack of capacity or a contract whose subject matter is illegal (contract for a hit, slave trafficking, etc.).
But there is no consideration, as they do not offer any guaranteed payments in exclusive employee contract
Are you a lawyer mayhaps? What wonderful and succinct breakdown of contract requirements.
Watchout, they will argue that the two suicide attempts count as a hit and the working conditions count as slave labor next
Initially I had this listed as legal, however upon further analysis this is questionable. It would need to determined by a judge if the 50% cut and Exclusive Fee is specific enough.
the solicitor mating ritual begins. nene and thom will send each other contracts to be signed with perfumed ink, sealed with their waxed initials. but first, the negotiations.
50% of what? They claim exclusivity and total control (so full-time employment), but they don't set any base monthly wage. Additional merch/ad contracts also won't set base wage. Unless there is minimal wage amendment and they can provide reciepts on satisfactory payments from the first month, niji is fucked. Though if they met minimal wage for all months, judge might let it slide, depending on other circumstances. But i doubt this, because they pay up only after recieving money from youtube, so about a month of delay.
Nor do contracts for a commission-based sales position, but somehow those hold up in court.
For full employee in JP?
I don't think you have a very good grasp of how the value of branding works in the attention economy.
On the contrary, branding can be very valuable. How many people subbed to the last batch of talents at Hololive without knowing anything about them besides the fact they were upcoming Hololive talents, for example?
Unless I very much misunderstood something, the tourist was saying that the branding wasn't a thing of value that could be counted as consideration. I was saying that was incorrect, as the branding is extremely valuable, although the value is not as relevant to the validity of the contract either way as long as it does exist.
Actually, I wonder how much of this shit they could get away with if the contract was drafted as a licensing agreement to use Nijisanji IP instead of as a contract for an Independent Contractor.
Honestly i wouldnt be surprised that what the legal document was when they first started, then when they started getting bigger and needed to make offical contracts they just copied what they had, changed a few things and thought it would work. We know just how lazy niji is would that be so far of a stretch?
Liquidated damages clauses can work (in jurisdictions I'm familiar with), but it would be strange for the estimated damages to an IP to be directly proportional to the streamer's monthly generated revenue.
You'd have to estimate the damages based on how the damage to the IP would reduce the royalties that Nijisanji would have obtained if not for the damage. Royalties which just so happen to equal 50% of the streamer's superchats.
