Saturday, November 21, 2009

The fee sharing agreement Jon had .... and why it probably doesn't matter

This is NOT the smoking gun....

Here is the alleged fee sharing agreement that Jon allegedly made to share earnings with Hailey and Michael Lohan.

The internet is falling for TLC's spin that Jon's secret contract somehow proves their case or is incredibly damaging. To this we ask, how so?

The lawsuit between TLC and Jon can be broken down very simply. TLC is saying Jon had an exclusive deal with them and had no right to go out and make money elsewhere. Jon isn't saying he didn't do that....there is a ton of proof he's made money through other gigs, just check the tabloids over the past several months when he did stints in Vegas, was brokering deals with Ed Hardy, etc.....Instead, Jon is saying the TLC contract was never valid in the first place, and therefore, he could do what he wants. He has said quite clearly, he has a right to go out and make a living and TLC has no right to stop him. He never said he has sat around on his hands doing nothing and hasn't breached. He's saying yes I breached, but I breached something invalid, therefore, there is no breach.

Jon isn't saying he didn't violate the terms of the contract! He is saying the contract was a bad one, and is invalid. Do you see why this Hailey-Lohan contract doesn't matter? It's no more damaging than the photos of Jon making money in Vegas on a publicity gig.

Assuming this fee-sharing agreement is even a valid contract (we have no idea if the parties ever even agreed to this or if it was simply something drawn up as a proposal--crucial parts of it are not filled in, there are no signatures, dates, etc. At best this is a rough draft), TLC still has to get over the hurdle of whether their own contract with Jon was even valid. If TLC's contract with Jon is found to be invalid, which it might very well be for several reasons we've discussed at length before, Jon can't possibly be in violation of it. You can't violate an invalid contract.

At best, this document is simply another piece of information about what was going on in the giant puzzle that is the saga of Jon and Kate. On its face, it neither proves or disproves anything.

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