How to terminate management agreement with the bad manager

F

feny

New member
Hi there!
My band had signed management agreement with some kind of management company (but they also have studio, record label etc).
The thing is: we are in different countries, the company is USA based, my band is from another part of the world.
These guys promised us to do a lot of great stuff, nevertheless the agreement is a typical "artist's management" one. They even were going to move all our band to their city, for fast and professional development of our music career.
So it's passed about a year (or even more). All they have done is brain shagging via email. Most of the time they just were living their life and we were living ours. No gigs, no deals, no records happened while this year involving them. When we wanted to get some information from them it mostly went like this: I had to write 2-3 emails, then they promised to call/text and tell about "something big and great that's about to happen". Then they ****ed my brain for next 2-3 weeks ("I'll call you today", "Wait couple hours", "Yesterday I couldn't, let's do tomorrow", "last week was hard, call ya in three days" and so on). Then if they finally called it was about "we're very busy with your promotion now, it's gonna be something great, we're working on this and that and whatnot, we'll get back to you in a week". Now after over the year they keep selling me the same crap. They even couldn't fix the mistakes in our band bio on their website for all this time.
There's some jibber-jabber in the paper about suspension, default and cure, partial invalidity and waiver, but i'm not sure that's what i need.


So how should we act to cancel this agreement without waiting 2 years for expiration date? Any response would be extremely appreciated!
 
you saying "There's some jibber-jabber in the paper about suspension, default and cure, partial invalidity and waiver, but i'm not sure that's what i need." says to me that you need to get a lwayer involved right now and exercise the clauses in that section of the contract

you will probably need to provide corroborating evidence of all that you claim - emails, phone logs, etc and probably make a sworn statement to those things which cannot be independently verified

maybe start using skype and record your calls so that you have good evidence of what is promised and the time frames involved in those promises

above all else consult a lawyer now
 
Yep, I understand that I need a lawyer. But the laws are pretty different in our countries.. Should I search for overseas lawyer, in that particular state of US?
 
contract law is contract law no matter where you reside, the only issue is whether the contract limits interpretation and avenues to a specific locale

I would discuss with a local lawyer to begin with and then decide what other steps need to be taken
 
whenever you contest the terms of a contract or seek to terminate a contract on the basis of the failure of the other party to the contract to provide the services agreed to you need to engage lawyers to

1) safeguard your interests

and

2) take the matter before a civil court, especially in a foreign jurisdiction

Put more simply: acting for yourself in litigation is never a wise move, as you may not have the full sense of the governing law that dictates what can and can't be done.

When dealing with the governing law of a different sovereign nation or state you should feel doubly compelled to secure counsel to ensure that your interests are properly represented
 
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I guess I'm failing to understand what it even matters if these people aren't even responding to emails within a reasonable time, fixing errors on their website or even providing any sort of service.

Seems like it would be a waste to "get out of a contract" when the contract is most likely just a word pad document on some stoner's computer in his parents garage.
 
you assume too much - as state in the original post "There's some jibber-jabber in the paper about suspension, default and cure, partial invalidity and waiver, but i'm not sure that's what i need."

i.e. the contract includes clauses to allow for early termination of the contract if either party fails in their obligations as detailed and provided for in the contract

because of that statement alone, it is fairly safe to assert that the contract has been drawn up in such a manner as to require litigation and show cause by the aggrieved party to the contract if it is to be terminated early: i.e. it requires the services of a lawyer to facilitate the ending of the contract.

There may even be damages or penalties payable for failure to provide the services stipulated, either directly stated within the contract or required under the governing jurisdictions contract law provisions
 
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