Withdrawing a contract

Dunno if anyone can help be worth a shot.



I signed a contract for one of my tracks recently but they are taking a long time to get back to me, they advised me to sign the contract and then they would let me know what to do next, ie sending wav’s etc. I also send them an e-mail with a few questions which they just havent replied to. This was sent on the 20th of August.



I have an offer from another label who seem more firendly and gererally seem to have more business acumen.



As I havent sent wav’s to the first label so would anyone know if I am able to send them and e-mail stating I withdraw the contract and go with the other label??

[quote]gofunk (07/09/2010)[hr]Dunno if anyone can help be worth a shot.



I signed a contract for one of my tracks recently but they are taking a long time to get back to me, they advised me to sign the contract and then they would let me know what to do next, ie sending wav’s etc. I also send them an e-mail with a few questions which they just havent replied to. This was sent on the 20th of August.



I have an offer from another label who seem more firendly and gererally seem to have more business acumen.



As I havent sent wav’s to the first label so would anyone know if I am able to send them and e-mail stating I withdraw the contract and go with the other label??[/quote]



man that sucks…I hope those contracts are not as bad as ones from the mobile phone companies…but read the small print

This is why it’s important to make sure there is a ‘release clause’ on your contract which I think it was Bryan or Graham who suggested it previously.



That way, if it’s not released in the given time of say 4-6 months then it broken the contract agreement.

asked for one, they never got back, anyway they can’t release it as I havent the wav which why I’m considering withdrawing it. They havent even asked for the wav yet or even confirmed they have the signed contract

Can you not call them?

Wayne,



Regardless whether you’ve sent them the wavs or not, what is important is what you signed. If you signed for this track and have no obvious ‘get out’ clauses then you’re stuck with them for this track unless/until you can show that they’ve acted in bad faith and have no intention to fulfill their part of the obligations contained in the contract. It’s way too early for that.



I stress that this is just friendly advice and not from a lawyer of course.

I dunno if i said this to you or someone else but send em an email saying that if you dont hear back from them in a certain amount of days that you aré going to send it to other labels. Make sure you save and keep these emails. No small label aré going to be able to prosecute you if you do this, they dont have the money! Also if you show these emails to a judge there isnt going to be one thats going to charge you. If you have signed with someone big like Sony etc then you may have a problem but if they dont get back to you after a fea warnings from yourself you aré free to do what you want!

[quote]jjdejong0 (07/09/2010)[hr]I dunno if i said this to you or someone else but send em an email saying that if you dont hear back from them in a certain amount of days that you aré going to send it to other labels. Make sure you save and keep these emails. No small label aré going to be able to prosecute you if you do this, they dont have the money! Also if you show these emails to a judge there isnt going to be one thats going to charge you. If you have signed with someone big like Sony etc then you may have a problem but if they dont get back to you after a fea warnings from yourself you aré free to do what you want![/quote]



Cheers guys!



Jan, I done this this morning, :wink: I said let me know if you will be proceeding within 48 hours or I’ll sign to another label I have an offer from (not that direct, but you get the idea) … I’ve just got an e-mail back this second! Looks like they will still be going ahead, but now I’m not sure I wanna go with them after the amount of time and lack of information… They offered higher% other label lower% but the other label will comission a remix or 2 (lower% label) and I’m not to sure what the higher% guys are gonna do for me (if anything)… I’ve dropped a line back so will see what happens next! To my advantage he said he can’t see a signature… strange as I check and there is one, so maybe I’ll still have a choice after all, back to waiting again so I’ll see how long this e-mail take to reply to…




[quote]gofunk (07/09/2010)[hr][quote]jjdejong0 (07/09/2010)[hr]I dunno if i said this to you or someone else but send em an email saying that if you dont hear back from them in a certain amount of days that you aré going to send it to other labels. Make sure you save and keep these emails. No small label aré going to be able to prosecute you if you do this, they dont have the money! Also if you show these emails to a judge there isnt going to be one thats going to charge you. If you have signed with someone big like Sony etc then you may have a problem but if they dont get back to you after a fea warnings from yourself you aré free to do what you want![/quote]

Cheers guys!

Jan, I done this this morning, :wink: I said let me know if you will be proceeding within 48 hours or I’ll sign to another label I have an offer from (not that direct, but you get the idea) … I’ve just got an e-mail back this second! Looks like they will still be going ahead, but now I’m not sure I wanna go with them after the amount of time and lack of information… They offered higher% other label lower% but the other label will comission a remix or 2 (lower% label) and I’m not to sure what the higher% guys are gonna do for me (if anything)… I’ve dropped a line back so will see what happens next! To my advantage he said he can’t see a signature… strange as I check and there is one, so maybe I’ll still have a choice after all, back to waiting again so I’ll see how long this e-mail take to reply to…


[/quote]

mate,

PM email me with the contract etc if you want me to take a look.  I’m a lawyer by day.

I like jan’s suggestion, however from a purely legal perspective if they haven’t signed it yet (though they may have signed it and just not sent it to you) you may be able to withdraw your “offer”.  however, that said if the terms are their standard terms its arguable that in fact sending them to you was the offer and your signing them was the acceptance, in which case a contract was formed.

Multifader.