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Draft Judgment (Summary) September 19, 2024 Courtroom 817 Black Case No. P 2889/2022 Red Case No. P 4429/2024 of the Civil Court Between Sangrawee Entertainment Co., Ltd., Plaintiff Ms. Engfa Waraha, Defendant 1. Is the plaintiff's claim ambiguous? ー The Court ruled that the plaintiff's claim clearly describes the nature of the charges and the request for enforcement, as well as the claims based on the charges. Therefore, the plaintiff's claim is not an ambiguous claim. 2. Is the employment contract between the plaintiff and the defendant an unfair contract? ー The Court ruled that the employment contract of the singer and actor dated 22 September 2013 is an unfair contract under the Unfair Contract Act B.E. 2540, Section 5, because : 1. The singer employment contract, Point number 5, prohibits the defendant from accepting any other acting work besides being a singer, such as being a presenter, acting in dramas, acting in movies, doing photo shoots, walking the runway, or being hired to advertise for other people. This limits the defendant's right to pursue a legitimate occupation. 2. The singer's employment contract, Point number 11.1, specifies the termination of the contract for 12 years. If the contract is not renewed when the 12 years are up, the employment contract will still be effective for another 10 years. As a result, the said contract has a period that limits the rights and freedom to choose a career of at least 22 years. The said period is unreasonably long, causing the defendant to have to bear a burden that would normally be expected and it is an unfair contract. The Court therefore determined that the contract period would be effective for only 5 years from the date of the contract on 22 September 2013 to 22 September 2018. During the time that the defendant entered into a contract with the plaintiff, the plaintiff never accepted any work for the defendant to perform and never made any songs that the defendant sang into an album so that the defendant would have income according to the contract. This shows that during the period from when the defendant entered into the contract, which was 22 September 2013, until the date that the defendant left the plaintiff in April 2018, a total of 4 years and 7 months, the defendant never received any compensation from the plaintiff for being a singer and actress. In addition, when the defendant applied to join the singing contest The Voice, the plaintiff informed the organizer that the defendant had a binding contract, which prevented the defendant from having the opportunity to showcase her talent to the public. And when the defendant went to compete in Miss Grand Suphan Buri and Miss Grand Thailand 2022, there were obstacles because the defendant had a contract with the plaintiff. The agreement under the singer employment contract therefore greatly obstructed the defendant's earning potential, causing the defendant to lose the opportunity for income to support his life. Furthermore, the singer employment contract did not guarantee when the defendant would have income and how much it would depend solely on the work that the plaintiff would determine and provide. Such an agreement was of a nature or resulted in the defendant performing or taking on burdens that exceeded what a reasonable person would normally receive. The contract for hiring a singer is therefore an unfair contract. ENDLESS LOVE FOR ENGFA26 #อิงฟ้ามหาชน #EngfaWaraha @EWaraha
