The live streaming industry is booming, and anchoring has become a career choice for many young people. In order to better package themselves and gain more popularity during live broadcasts, many anchors often choose to sign contracts with media companies to obtain resources. However, it often happens that the anchor does not perform his obligations according to the contract, and is sued by the media company for high liquidated damages.
Anchors should pay attention to the following aspects when signing a contract:
In most cases, the liquidated damages that the streamer needs to pay are much lower than the amount claimed by the company. So if the anchor encounters such a case, it is best not to rush to mediate first.
The first step is to determine whether there is an employment relationship or a cooperative relationship between the two parties
The second step is that if it is an employment relationship, it will be handled according to the labor arbitration process. If there is no employment relationship and it is a cooperative relationship, the amount of loss caused by the breach of contract to the company can be preliminarily calculated, and then the amount of liquidated damages that need to be compensated to the company can be roughly estimated
The third step is to look at the relevant breach of contract clauses from the contract signed by both parties, to see whether there is an agreed calculation method, and also to see whether the company is at fault or in breach of contract. If the company violates the terms of the contract and needs to pay the corresponding liquidated damages, it can also file a counterclaim in the lawsuit to demand compensation from the company.
This article was compiled by Hefei lawyer He Rubing.