Artist Management Agreement

[Knicole]

What is the name of your state? NY

My question basically relates to contracts in the music business. You see as of April 2002 I was asked to manage a R&B group which consist of 4 men. Initially, I did not throw a management contract in their face because I was still getting to know the group and wanted time to figure of what their exact needs were pertaining to their artistry. I came to the conclusion that artist development was definitely on the list of to do's. However, by the end of June the guys approached me and asked what I wanted to be compensated as their personal manager. I presented them with a standard management agreement and advised them to take it to a lawyer. At the time they couldn't afford a huge lawyers fee so I recommended (as I always do) Volunteer Lawyers of the Arts (VLA). The guys made an appointment and visited their office a couple of weeks later. After they met with the VLA lawyer they returned the contract to me. After I reviewed the contract, the lawyer noted minor revisions, and the group and I proceed to discussed small negotiations via email. By August 2002 negotiations had been settled, the contract had been totally revised and I submitted the new contract back to group so that could have the lawyer review it before they signed. The group was having difficulty getting in contact with the lawyer and never physically signed the contract. However, we mutually agreed to every word it represented and I continued to work on their behalf in good faith- I have continually paid for studio time, vocal lessons, a choreographer and introduced them to several producers who have enhanced their music production.

Is our agreement binding?

 

[hexeliebe]

I will tell you this right off, I am in Tennessee and can't comment on NY law. However, a little background might help.

The Contract does not have to be signed to be valid if (and this is a big IF) you can prove the parties INTENDED to enter into the contract. The problem will be recovering your costs up to this point because you have no letitimate basis to expend monies on behalf of anyone.

There was a recent case in the 6th District Court that follows your situation pretty closely. Although I can't remember the citation right now, the basic premsis was that the parties had an unsigned contract and carried on together in business but when one party tried to leave the relationship the court found they had "Intended" to enter into the contract and found it valid.

Remember, no two cases are exactly the same.

I would also have a question. Is the group going to sign the contract, has their lawyer said not to sign or do you believe there will be no problems?

 

[Knicole]

At this time the group has terminated me simply because I had a different opinion about a situation that we were engaged in. Honestly, there was no real grounds to fire me. Its just that 2 out of 4 members were very unappreciative of my hard work and dedication. What they didn't realize is that this is a career path for me and I'm not just going to sit by and watch everyone else benefit from the awesome music production they possess today. So what I am finding out as I do more and more research is that although the group did not physically sign the contract, they silently accepted it by taking the benefits of my services after the contract was revised to their liking. They had many opportunities to reject the contract and did not. Therefore, I am entitled to be compensated. (DEECO, INC v. 3-M CO. Supreme Court of Alabama, 1983. 435 So.2d 1260). I am giving them a chance to rethink their decision before I take legal action. If they choose not to rehire me then I want to be compensated every dime that I've spent on their behalf and monies I could have earned once I secured a recording contract, had I been given the opportunity.

They just should not have underestimated me.

Thanks for your help. Free Advice is the best and an essential tool in my life.

 

[hexeliebe]

Remember, you can't recover for "what you MIGHT have earned"... because there's no way to qualify this as an amount.

otherwise, I'd simply advise you to try to get this resolved wihtout the courts...if you can.

 

[Knicole]

I sincerly am trying to resolve this matter but for some reason 2 members of that group have this misconception that I have done nothing for them. When in all actuality I am the reason they have progressed.

If it came down to me taking legal action, could I sue for future damages?