What is the name of your state? California.
I need a little help here. My son (Josh) has been playing Bass in a band for approximately one year. He is 23 and the other three members are 28. Of the four, Josh is the most professional, skilled, maintains a great rehearsal/work ethic and does not drink or do drugs. The band had a label prior to Josh auditioning and joining, however, that label was cancelled prior to his joining the band. At that point the band did not have any music to sell as all their songs had been bought out by the previous label. In order to save money, the cost of travel to, and rent of a studio to rehearse in, the band asked if I would allow them to build a sound proof room in my garage at there expense. They all live close by and are living off the remaining money from their last contract. I agreed, but they were unable to finish the room as they were running out of money. It was sufficiently done as to keep the noise level bearable, however I once had a finished room and now have an unfinished room.
Josh quit his regular job several months ago to focus on the band full time as they played frequently all over Los Angeles and Ventura counties and the band appeared to have landed a contract with Capitol Records. The deal fell through and Josh found out through Capitol's PR guy that they decided that they were concerned with the Lead Band member's attitude/reputation and did not want to deal with him. Hence problems began and Josh considered leaving the band. Concerned that Josh was auditioning for other bands (he did pass on two tour opportunities for about $1000/week), They proposed to place Josh on retainer/advance of $1350/month (the minimum that Josh could temprarily survive on) if he would agree to stick with the band for at least six months. The agreement would be that if they obtained a Recording Contract that money would be reimbursed to the band from Josh's share of any upfront money given by the Recording Company. If they did not obtain a Recording Contract within six months Josh was free to leave the band and not owe the money back. Josh did not like the agreement, never signed the offer, was given no money, yet remained with the band.
Shortly thereafter, the band was requested to audition for Sony Records in New York. Josh traveled with the band to New York twice in a two week period and was instrumental in the band obtaining a Recording Contract with Sony. The three original members of the band signed the contract and Josh was left out. Now they want to pay Josh the retainer/advance money to compensate him for the period that was offered previously but he must sign a release for any other work he has done for them including a music video and playing bass for there current songs. It is evident that the band had no intention of Josh having a "share" in any money they received from Sony. Josh, dissapointed and fed up with the bands lies and greed, has just quit the band and has not received any compensation for his year long commitment and his part in obtaining the Recording Contract. His credit card is maxxed out and he has no money.
Does Josh have grounds to pursue compensation for his time and and his part in obtaining the Sony contract with the band?
Also, do I have grounds for suing the band for the cost of finishing the semi-sound proof room in the garage or the cost of returning it to the original finished condition?
Everything was done on verbal agreements, however they did make a payment of $2000 to Josh for the work that was done by a Contractor. They talked Josh into putting it on his credit card and it was like pulling teeth to get them to pay three months after the fact.
I appreciate any advice. Thanks.
I need a little help here. My son (Josh) has been playing Bass in a band for approximately one year. He is 23 and the other three members are 28. Of the four, Josh is the most professional, skilled, maintains a great rehearsal/work ethic and does not drink or do drugs. The band had a label prior to Josh auditioning and joining, however, that label was cancelled prior to his joining the band. At that point the band did not have any music to sell as all their songs had been bought out by the previous label. In order to save money, the cost of travel to, and rent of a studio to rehearse in, the band asked if I would allow them to build a sound proof room in my garage at there expense. They all live close by and are living off the remaining money from their last contract. I agreed, but they were unable to finish the room as they were running out of money. It was sufficiently done as to keep the noise level bearable, however I once had a finished room and now have an unfinished room.
Josh quit his regular job several months ago to focus on the band full time as they played frequently all over Los Angeles and Ventura counties and the band appeared to have landed a contract with Capitol Records. The deal fell through and Josh found out through Capitol's PR guy that they decided that they were concerned with the Lead Band member's attitude/reputation and did not want to deal with him. Hence problems began and Josh considered leaving the band. Concerned that Josh was auditioning for other bands (he did pass on two tour opportunities for about $1000/week), They proposed to place Josh on retainer/advance of $1350/month (the minimum that Josh could temprarily survive on) if he would agree to stick with the band for at least six months. The agreement would be that if they obtained a Recording Contract that money would be reimbursed to the band from Josh's share of any upfront money given by the Recording Company. If they did not obtain a Recording Contract within six months Josh was free to leave the band and not owe the money back. Josh did not like the agreement, never signed the offer, was given no money, yet remained with the band.
Shortly thereafter, the band was requested to audition for Sony Records in New York. Josh traveled with the band to New York twice in a two week period and was instrumental in the band obtaining a Recording Contract with Sony. The three original members of the band signed the contract and Josh was left out. Now they want to pay Josh the retainer/advance money to compensate him for the period that was offered previously but he must sign a release for any other work he has done for them including a music video and playing bass for there current songs. It is evident that the band had no intention of Josh having a "share" in any money they received from Sony. Josh, dissapointed and fed up with the bands lies and greed, has just quit the band and has not received any compensation for his year long commitment and his part in obtaining the Recording Contract. His credit card is maxxed out and he has no money.
Does Josh have grounds to pursue compensation for his time and and his part in obtaining the Sony contract with the band?
Also, do I have grounds for suing the band for the cost of finishing the semi-sound proof room in the garage or the cost of returning it to the original finished condition?
Everything was done on verbal agreements, however they did make a payment of $2000 to Josh for the work that was done by a Contractor. They talked Josh into putting it on his credit card and it was like pulling teeth to get them to pay three months after the fact.
I appreciate any advice. Thanks.