How valid is this contract?

[justtrynamakeit]

Hi, I'm located in New Jersey. I signed a record contract with a super small indie label (it's really just one person, not an entire company), to be a part of a singing girl group. Since signing, one girl left the group and was replaced with another. No amendment was made to the contract to reflect that. In fact, the copy of the contract I have (the one she sent me) is the first draft, which includes names of girls that never even signed the contract or joined the group in the first place.

I decided to leave the label before the contract was up after a major disagreement with the owner of the label. She agreed that I should leave. Now, almost 6 months after I left, she is charging me for expenses that the contract stated the company would pay for. The other two girls just quit last month, so my guess is losing the group entirely ignited her desire to charge us for those expenses.

This is what the contract states about recording costs: "All Recording Costs paid or payable by Company under this Agreement shall be an Expense as defined in this Agreement. Recording Costs incurred by Company in respect of Masters in excess of the recording budget theretofore approved by Company, shall be an Advance as defined in this Agreement." No where in the contract does it say we are liable to repay those expenses should be leave. It does state, however, that I forfeit my right to use the materials produced during my time with the company and I also forfeit my claim to the group name or its royalties, which I was fine with since I just wanted out.

I asked her for a signed copy of the contract and she has not provided me with the correct copy. She keeps sending me the first draft which doesn't have my signature because that's not the one I signed. She also hasn't provided any receipts to prove her expenses, so she could be coming up with an arbitrary number. My questions is, how valid is this contract if she doesn't have a signed copy? And am I liable to pay her back even though there are no receipts and the contract doesn't state that I have to?

 

[PayrollHRGuy]

She's going to need it if and when she sues you to prove that that language is in place.

There is nothing illegal about the wording you put in bold type. I'm going to assume by that wording that there is something somewhere in the contract that holds you liable for Expenses.

 

[quincy]

Hi, I'm located in New Jersey. I signed a record contract with a super small indie label (it's really just one person, not an entire company), to be a part of a singing girl group. Since signing, one girl left the group and was replaced with another. No amendment was made to the contract to reflect that. In fact, the copy of the contract I have (the one she sent me) is the first draft, which includes names of girls that never even signed the contract or joined the group in the first place.

I decided to leave the label before the contract was up after a major disagreement with the owner of the label. She agreed that I should leave. Now, almost 6 months after I left, she is charging me for expenses that the contract stated the company would pay for. The other two girls just quit last month, so my guess is losing the group entirely ignited her desire to charge us for those expenses.

This is what the contract states about recording costs: "All Recording Costs paid or payable by Company under this Agreement shall be an Expense as defined in this Agreement. Recording Costs incurred by Company in respect of Masters in excess of the recording budget theretofore approved by Company, shall be an Advance as defined in this Agreement." No where in the contract does it say we are liable to repay those expenses should be leave. It does state, however, that I forfeit my right to use the materials produced during my time with the company and I also forfeit my claim to the group name or its royalties, which I was fine with since I just wanted out.

I asked her for a signed copy of the contract and she has not provided me with the correct copy. She keeps sending me the first draft which doesn't have my signature because that's not the one I signed. She also hasn't provided any receipts to prove her expenses, so she could be coming up with an arbitrary number. My questions is, how valid is this contract if she doesn't have a signed copy? And am I liable to pay her back even though there are no receipts and the contract doesn't state that I have to?

The contract could be valid if there is one that exists with your signature.

We are unable to review and analyze contracts on this forum, however. For that, you will want to have an attorney in your area review any documents you have in their entirety (not just snippets) and all facts of your relationship with the company.

Were you paid an advance against royalties?

 

[justtrynamakeit]

The contract could be valid if there is one that exists with your signature.

We are unable to review and analyze contracts on this forum, however. For that, you will want to have an attorney in your area review any documents you have in their entirety (not just snippets) and all facts of your relationship with the company.

Were you paid an advance against royalties?

I didn't receive any royalties or pay, at all. I also paid for any personal expenses out of pocket (travel, food, wardrobe, etc).

 

[quincy]

I didn't receive any royalties or pay, at all. I also paid for any personal expenses out of pocket (travel, food, wardrobe, etc).

You should meet with an attorney in your area who is well versed in entertainment and intellectual property law.

Based strictly on what you have said here, it sounds to me as if it might be you who is owed some money.

Thank you for returning to the forum to answer my question.

Good luck.

 

[justtrynamakeit]

Tha

You should meet with an attorney in your area who is well versed in entertainment and intellectual property law.

Based strictly on what you have said here, it sounds to me as if it might be you who is owed some money.

Thank you for returning to the forum to answer my question.

Good luck.

Thanks for the advice! I'll definitely contact an attorney.

 

[quincy]

Tha



Thanks for the advice! I'll definitely contact an attorney.

You're welcome, jusytrynamakeit. I appreciate the thanks.

Good luck.