The following is an open letter written by J. Shango, the father of Ma'at Shango, a 12-year old female contestent on the FOX reality television series "The X Factor" which features participants engaging in singing competitions. Read on:
October 31, 2011
An Open Letter to Simon Cowell and “THE X FACTOR, USA”
My name is J. Shango. I am Ma’at Shango’s father. My daughter is a contestant on your new television series, “THE X FACTOR.” As you know, or should know, my 12-year old daughter has been participating as a contestant on your television series without my consent, even though the 26-page contract that governs the entire process for underage participants requires the consent of both parents. A signature page of the show’s contract, “The Contestant Agreement and Release,” includes the following language:
“If only one Parent signs this Parental Agreement, then such Parent will be deemed to represent and warrant that said Parent has the exclusive authority to act on behalf of the Minor and on behalf of the non-signing parent insofar as all matters related to the Program are concerned….” (p. 26)
The contract was executed on June 22, 2011, the “effective date.” The signing party, however, did not have the exclusive authority to act on behalf of the Minor. Furthermore, the signing party did not have any authority to act on my behalf. In fact, the contract was examined and executed without my knowledge. For the record, I do not consent to my daughter’s continued participation in “THE X FACTOR” series produced by Blue Orbits Production, Inc. I have never voluntarily entered into a contractual agreement with “THE X FACTOR” or any of its affiliates. Equally important, I have never asked anyone to act on my behalf, nor have I ever given anyone permission to act on my behalf, regarding any contractual matters related to “THE X FACTOR.”
For the past 3 1/2 months, from mid-July to the present, I have been engaged in an expensive and emotional legal battle over this issue. In July 2011, for the first time in my life, a temporary restraining order was filed against me. I soon learned that filing a temporary restraining order, however baseless, is a common strategy employed by some attorneys to get a Court to schedule an emergency hearing. The basis of the “emergency” hearing, in this case, was to determine whether or not it was in the best interest of my daughter to continue to participate in “THE X FACTOR” competition and series, even though a contract had already been executed and submitted to the producers of the show without my consent. Motions were filed to modify the relationship between me and my daughter and to strip away some of my parental rights, including the right to make legal and contractual decisions.
During the process of these seemingly endless hearings, I sent two separate emails to an Associate Producer of “THE X FACTOR,” informing her that I never consented to my daughter’s participation in the television series and that I never gave anyone permission to act on my behalf regarding contractual matters. Instead of terminating the contract, which was based on a gross misrepresentation of the truth, legal efforts were set in motion to enforce the contract. Since I never entered into a contractual agreement voluntarily, efforts have been made to ORDER me to execute the 26-page contract and parental release form, even though the documents were executed and filed without my knowledge or consent.
To add insult to injury, some legal professionals have deemed that is in the best interests of my daughter to modify our pre-existing visitation schedule so that her time with me will not interfere with her “career-related” events. If the pending “Motion to Modify Parent-Child Relationship” is enforced by the Court, my 12-year old daughter’s “career-related” events, including dress rehearsals, photo shoots, and tours, would trump our visitation schedule, thereby impeding on our quality time together and making it virtually impossible for me to make any plans with my daughter.
My daughter’s participation in the television series, at the surface level, may seem harmless and beneficial. However, I do not think it is in her best interests to continue to participate as a contestant. A number of the terms and conditions of the 26-page contract, in my opinion, are terribly unfavorable, especially for a 12-year old child. The most unfavorable terms and conditions of the contract include the following:
1.Possible separation from family and friends, which has already occurred;
2.An agreement that the interests of “THE X FACTOR” show shall override those of any program contestant, including minors;
3.An understanding that a minor’s participation in the show may expose him or her to severe emotional stress, physical harm, and illness, both during and after the show (of course, the Producers can not be held responsible);
4.An understanding that the appearance, depiction, and portrayal of minors may be disparaging, defamatory, embarrassing, and unfavorable, which could expose them to public ridicule, humiliation, and condemnation;
5.Waiving rights to seek legal remedies in the event that something unfortunate happens to minor contestants, including an injury that results in death;
6.Granting Producers of the show with exclusive rights over nearly every aspect of the minor’s professional career, including singing, songwriting, acting, dancing, modeling, tours, and performances for an extended period of time;
7.A consent to filming, taping, and recording minors, whether they are aware or not, for up to 24 hours a day, 7 days a week;
8.An understanding that the show may have failed to conduct a background check of all contestants and their parents (they never conducted a background check of me, although background check of both biological parents was “required”);
Clearly, Mr. Cowell, you and “THE X FACTOR” have decided to ignore the fact that I never consented to any of the above terms and conditions because my daughter has continued to participate on the show as a contestant. She is currently the youngest member of the group, “inTENsity,” which also includes 9 teenagers ranging from 13 to 17 years old.
Perhaps my experience, my story, will lead to a reconsideration of whether or not it is in the best interests of minors as young as 12-years old (and their parents) to enter into contractual agreements with shows like “THE X FACTOR.” As one of the terms and conditions listed above indicate, “THE X FACTOR” puts the show’s interests before the interests of contestants, including minor contestants. Our children, in the meantime, are left to sink or swim in shark-infested waters.
I have thought long and hard about going public with my story. I attempted to resolve this issue behind the scenes, within the confines of the legal arena. I even sent emails to “THE X FACTOR,” thinking maybe they would simply void the contract and send my daughter home, where she can be around family and friends, including school children her own age. Those efforts, up to now, have been futile. I eventually reached a point where I felt like I had nothing to lose. “THE X FACTOR” has my 12-year old daughter under contract, however invalid the contract may be. I will continue to fight, legally and otherwise. Hopefully, I will hear a more favorable ruling in the court of public opinion.
J. Shango
Washington, DC
Posted By: Siebra Muhammad
Friday, November 4th 2011 at 2:36PM
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