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HELP! Young woman trapped in EVIL recording contract

Discussion in 'Band Management [BG]' started by Pearly Gator, Jun 8, 2011.


  1. Pearly Gator

    Pearly Gator

    Dec 10, 2005
    SoCal
    I have a relative who was tricked into signing a very bad recording contract. Yes, you should always read it before signing but she was just 18 at the time. The bottom line is that she has to produce two albums. She gets 15% of the net of the second album after all expenses are paid. She has signed away her name, pseudonyms, likeness, royalties and mechanicals for LIFE. The managers take trips to Vegas and charge her account for it. She gets no receipts and no 1099.

    It gets worse.

    The record company’s “agents” are acting as her managers. I believe that is a conflict of interest. They did not give her a complete copy of her contract. They put her on tours where the headline act tries to sexually assault her. She complained. They told her she has to “get along” with the headliners and go anyway. She lives in fear, especially of the managers. They yell and scream at her and abuse her psychologically.

    The “contract” is actually an “agreement”. I read it last night. How can she be free of this horrid document? It needs to be broken. She is captive in servitude. She has no money and no lawyer.

    What can she do?
     
  2. Call an attorney.
     
  3. Chef FourString

    Chef FourString

    Feb 4, 2011
    Texas
    Call a lawyer. What label is it?
     
  4. AltGrendel

    AltGrendel Squire Jag SS fan.

    May 21, 2009
    Mid-Atlantic USA.
    DO IT NOW!!!!!
     
  5. Pearly Gator

    Pearly Gator

    Dec 10, 2005
    SoCal
    The "company" is " H u m b l e R h y t h m E n t e r t a i n m e n t ".
     
  6. kraigo

    kraigo

    Jun 21, 2007
    Minneapolis, MN
    Get a lawyer now. Before the debt runs up. Before the paper trail is old. Before she has a body of work to protect. I think it's a flimsy and crummy contract, but the time to break it is now.

    KO
     
  7. pacojas

    pacojas "FYYA BUN"

    Oct 11, 2009
    MEXICANADAMERICA
    The People's Court?!!
     
  8. With "1" person liking them on Facebook.

    A consultation with a lawyer is usually free. If the lawyer thinks they can counter sue for damages they might work for that instead of payment up front.
     
  9. fhm555

    fhm555 So FOS my eyes are brown Supporting Member

    Feb 16, 2011
    +++

    Did she file assault charges?
     
  10. allexcosta

    allexcosta

    Apr 7, 2004
    Abusive contracts are easily and quickly annulled by a court of law.

    Call an attorney NOW.
     
  11. AltGrendel

    AltGrendel Squire Jag SS fan.

    May 21, 2009
    Mid-Atlantic USA.
    Make sure he/she's a contract or entertainment lawyer, if possible.
     
  12. Call a lawyer.
     
  13. TRichardsbass

    TRichardsbass Banned Commercial User

    Jun 3, 2009
    Between Muscle Shoals and Nashville
    Bassgearu, Music Industry Consulting and Sales. Tech 21, NBE Corp, Sonosphere.
    I second the emotion, get a lawyer at all costs.

    No one is ever "tricked" into signing a contract. She may have been young and naive, but she decided apparently not to get anyone to read it or get any advice. That is not tricked. Unfortunately that is just her being young and impatient.

    If she is really being harrassed or the headliner really is trying to sexually use her, she should call the police and file sexual assault charges if at any time the headliner tries. That will quickly bring the managers in, as I'm assuming they manage the headliner as well. They will want her gone quicker then quick. If she has grounds and presses charges, she can agree to drop the charges if they agree to tear up the contract and sign an agreement that she no longer in anyway, shape or form is obligated to them and that all her work, previous or future is hers.

    Just for you to understand, there are often conflicts of interest in contracts, however if you enter into it freely you can only exit it by legal means, aka a lawyer. She should not have signed anything without reading it, and in addition she should not have left any office she signed something without a complete copy of the contract.

    Assuming the worst case, that she will no longer be able to use her name for any purpose, she has the only recourse to file in a court of law to have her name legally changed. That way she can perform in the future. The court will not necessarily look well at it, but there is a good chance she can do it. Often the court does not like people changing their name to get out of trouble, but in this case it may warrant a name change.

    In addition, most of these "life contracts" are normally quickly voided in court with a lawyer and judge. In this case it will be lawyer against lawyer.

    Thanks for posting this. I hope all the young bassists out there read this and learn from it.

    THERE ARE A MILLION "RECORD LABELS" OUT THERE, INCLUDING ME. YOU SHOULD NEVER WANT TO BE SIGNED SO BAD THAT YOU SIGN SOMETHING WITHOUT READING IT CAREFULLY, UNDERSTANDING EXACTLY WHAT IT MEANS TO YOUR LIFE AND WORTH, AND WITHOUT GETTING SEVERAL OPINIONS ON IT FIRST, BOTH LEGAL AND PERSONAL!

    Hope this helps. Tell your relative good luck from all of us.
     
  14. Do you guys think maybe she should contact an attorney?
     
  15. Venom of God

    Venom of God

    Oct 8, 2007
    Australia
    Tom's post looks pretty spot on to me. Do you have anything like APRA over there in the States?
     
  16. rmkesler

    rmkesler

    May 6, 2009
    Winder, GA
    + A BAZILLION!!!
     
  17. TRichardsbass

    TRichardsbass Banned Commercial User

    Jun 3, 2009
    Between Muscle Shoals and Nashville
    Bassgearu, Music Industry Consulting and Sales. Tech 21, NBE Corp, Sonosphere.
    Well its clear who your relative is....
     
  18. Tom strikes again....nice post.
     
  19. Medford Bassman

    Medford Bassman Supporting Member

    Aug 8, 2007
    Medford, Wisconsin
    i agree with the others...get a lawyer ASAP.

    Contracts for "life" are generally held unenforceable.
     
  20. Balog

    Balog

    Mar 19, 2009
    Mukilteo, WA
    If there was an attempted sexual assault call the cops. If the contract is bad call a lawyer. But really, cops first...
     

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