As a general matter, Illinois contract law holds that a contract entered into by a minor is voidable. That is, while the contract is not automatically void, the minor may nevertheless undo the contract even after entering into it. This can leave the other party in an uncertain, even potentially precarious, situation, not being able to know for years whether the contract will remain in place. This is especially relevant in the entertainment industry, when children and teenagers may play important roles in a particular venture.
To that end, the Artistic Contracts by Minors Act (820 ILCS 20) establishes a procedure to validate such contracts. Introduced around 1990, the Act applies to contracts for “artistic or creative services,” including but not limited to “services as an actor, actress, dancer, musician, comedian, singer, or other performer or entertainer, or as a writer, director, producer, production executive, choreographer, composer, conductor, or designer.” Either party to a contract may file a petition in state circuit court to seek the court’s approval. If the court does approve, then the contract may not be disaffirmed on the grounds that a party was a minor when the agreement occurred.
Admittedly, this law is rather light on specific details, and relevant case law is difficult to find. Many questions remain. What is the standard that a court should use to approve a contract? Merely that it “is otherwise valid,” or are there broader concerns of fairness? What discretion do judges have, if any? What is the full scope of “artistic or creative services”? For example, would it cover a teenage programmer designing websites? Or an agreement to license photograph taken by a minor? Are modeling services covered? And might the answer depend on what the other party plans to do with those services? Would, say, developing a website for a car dealership be treated differently than a website for a theater or a band?
As we said earlier, there is little guidance for courts interpreting this law. But for people hiring minors for work that is squarely within the scope of the Act, a proper petition can bring certainty and stability to creative endeavors. On the other hand, minors who work in an artistic field (and the guardians and lawyers who look out for their interests) should take care not to be caught off guard by a petition for court approval, especially if those minors are counting on the possibility of voiding the contract in the future.