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Working on contract negotiations, input appreciated

Discussion in 'Band Management [BG]' started by BryanM, Apr 21, 2015.

  1. BryanM


    Dec 15, 2007
    Seattle, WA
    My band is in negotiations for a physical distribution and promotion deal with a regional company right now. We're doing due diligence and have researched the company a bit. We haven't been given the full terms, but plan on having an IP or entertainment attorney review and revise the terms before signing anything. The company has presented themselves to us as an incubator, raising the stock of the band to get attention of bigger players. Most of what they're offering, we can and have done on our own on a smaller scale, but their assistance will allow us to scale up faster at the cost of less promotional control. Does anyone here with experience with this type of deal have any input as far as the benefits and drawbacks? I know it's a fairly vague question but I don't want to disclose too much while negotiations are in process.
  2. tangentmusic

    tangentmusic A figment of our exaggeration

    Aug 17, 2007
    You need someone on the outside with sound legal advice.
    All too often, contracts benefit the company and not the musicians.
    Hope it works out for you man.
  3. BryanM


    Dec 15, 2007
    Seattle, WA
    Our plan is to bring our terms to the table after attorney review and see if they bite. Like I said, a lot of what they're offering can be done by us, we just don't have the time to continue working 10-20 hours a week each in addition to shows, rehearsals, individual practice and full time jobs. It's getting to be too much to handle without outside help. We've also considered just outright hiring someone as our contact personnel to track radio play, contact venues to confirm available and negotiate guarantees, submit to media outlets and arrange PR events for us. That would cost up front, though, and there would be a settling in period that we'd still be doing it ourselves and paying for the services if we went that route.
  4. Music Attorney

    Music Attorney

    Feb 22, 2004
    Way too vague to be able to comment. Physical distribution of CDs? I certainly wouldn’t give up too much for that. Promotion? No one can help you without significantly more detail as to (a) what the promotion services and/or funding are and (b) does this company have a demonstrated ability to deliver whatever it is you think you need.

    This is the most important part of the equation to me. Who the other party is and what demonstrated abilities do they bring to the table in terms of what you need/want.

    In my opinion, this is not an IP deal. What intellectual property issues do you see arising?

    Not sure what this means.

    No way to assess the burden/benefit risk/reward ratios without significantly more detail.

    Ah ……………………… now I get to this part.

    Happy to help when you have some detail.

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