Facts
Ms. X. operated a "talent studio" in Zurich where she trained young people in singing and performance in order to prepare them for a career in the entertainment industry. On August 28, 1975, Ms. Z., then 22 years old, concluded a "training contract" with her, providing for a three-month course with 12 hours of popular music singing lessons. At the end of the course, the parties signed a "management contract" entitled "The Path to the Record". Under the terms of this contract, Z. as the performer transferred the exclusive right of her "management for performances and productions of any kind" to the talent studio; the studio was the only one authorized to conclude the related contracts on its own authority. Ms. X. undertook to train the performer for public performances, to establish contacts with record producers, to make her known to national and foreign radio and television stations, and to defend her artistic and financial interests. Z. in particular undertook to follow all the instructions of the studio, to accept the proposed titles, to fulfill the performance agreements, to respect the deadlines and to remain available during the term of the contract. She also undertook to pay the studio a management fee of up to 40% of all fees and royalties. The contractual relationship was to begin on December 9, 1975 and last for five years. In the event of non-compliance with the contract by Z., a contractual penalty of 50,000 francs was provided for.Considerations
The Federal Tribunal considers that the…