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Old 05-31-2010, 09:56 AM
 
88 posts, read 59,679 times
Reputation: 55

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I posted a while back about a venture i was getting involved in dealing with radio broadcasting here in M]iami. I have tried other forums but this forums seems to have the most traffic so excuse me if its not in the most appropriate section

The venture has stepped up in a sense that I have developed venue contacts to be broadcasted. But broadcasting at those venues have yet to have taken place and funds have not been coming in due to the fact that the main producer doesn't have the ability to make things happen.

No agreements or proposals have been written between us or the venues because he as the owner of the business does not know of how to proceed with the process. (I am just helping him out with the hopes of becoming a partner once funds start coming in) Also, he has not followed up with those venues for the last 3 months so my rep is basically on the line because as they know, they were supposed to have been being broadcasted as of april. He is now going away overseas to try to set things up with another station but nothing is established.

However, being part of another project, i have just been asked to partner up with another producer and become the assistant programmer.

The new station is well established as a business and has all docs in check and is ready to run. Contracts are being drawn up to bill me in as a limited partner at 25% from all profits for the 1st year, 30% the 2nd, and full partner the 3rd year if all goes well. The idea is also to broadcast from venues and to host several weekly radio shows.

Here where it gets tricky- i don't have a contract with the original producer much less have a sense of what my position is. I have tried confronting him but he always states that he doesn't want to talk about my role until we have funds coming in and as for him i play an important role. We don't even have contracts with the existing venues.

I know business can be cut throat but I am an honest guy. The idea is to arrange agreements with the original venues i contacted for the original project and start broadcasting FOR REAL with the new station.

However, I can cut ties with the original producer as helping him out since there is no contract between us but i am still part of a venue that he continues to broadcast and will still have to provide him that service.

In your business opinion, would it be alright to use the new station to broadcast from the venues that I contacted while with the original station considering there are no contracts with them or the original producer- or is that bad business and will it be considered shady?

More importantly, how do i cut ties with the original producer without having to go into details about my new project and telling him that I will be taking away the venues and basically crushing his dreams that he has been working on for a year now?

.....and I know you are thinking that there must be other venues to broadcast from- there are, but most of the ones I speak of have reputation as being the better venues in the area. Also, the contacts are via friendships that I have created over the years. The original producer does not know them on a personal level as I do.
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Old 05-31-2010, 08:24 PM
 
Location: We_tside PNW / CO / SA TX / Thailand
11,282 posts, read 18,976,689 times
Reputation: 8159
Legally you are probably banned from bringing clients or contacts from the first source to your new position. In the absence of a contract this will be 'implied' as a 'conflict of interest' which should be (or have been) fully disclosed to the first partner. Granted the first partner may just be 'using' you and never intends to include you in profits or the business, BUT if your association with the first partner availed you to contacts / credentials to can be credited to the first operation, you can get in a world of hurt, especially if the first partner feels he has entrusted you with confidential business info.

A slippery slope. Be careful, bow out gracefully, beware of any 'non-compete' clauses in either contract, as the 'new company' will not want exposure to legal / hostile issues you may bring their way.
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Old 06-03-2010, 10:19 AM
 
Location: Somewhere in northern Alabama
11,765 posts, read 27,380,976 times
Reputation: 14598
3 months in radio is an eternity. First question - have you been paid? Second question - was that pay aboveboard and not cash in hand? Third Question - do you think the original guy has a snowball's chance of following through?

If your reputation is on the line because of his incompetence, it seems like you may need to bail anyway. No matter how you cut it, he is going to be p*ssed. You WILL be badmouthed, no matter what. What he is banking on is POTENTIAL goodwill. He doesn't even have a real situation where the people are true clients, since he hasn't followed through.

THEY have a right to dump him and do what they want, unless they signed contracts. YOU have a right to quit and work wherever you want. NOW - consider...

The NEW station sees that you may have some cherries they can pick if you come on board. They are salivating at the chance. Once you have delivered those cherries, what becomes of you? How valuable are you to them at that point? How is the contract with them written?

Can the first guy sue? Sure. Anybody can sue if they have a willing attorney and deep pockets. Will he? Dunno, and I suspect that is the only question you are really asking here. Maybe YOU need to retain an attorney not only to walk you through that, but to review any contract you sign.
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Old 09-19-2010, 03:19 PM
 
Location: Eden Prairie, MN
1 posts, read 781 times
Reputation: 10
I am unclear as to whether or not your "main producer" is being non-responsive or is intentionally putting you off - which may indeed be the same thing. You say that, when asked, he doesn't want to clarify your role until money starts coming in. Some might say that you have a verbal agreement, which may indeed be true. Unfortunately, I don't think that either of you understand what that is.

I would serve him with notice, requesting that he clarify your role (as he sees it - this does not mean that you are agreeing to what he thinks your role is). Give him a time frame to respond. State that if you do not hear from him by xx/xx/20xx that you will move on to other projects. You do not need to tell him what those other projects are.

As harry chickpea says, he may or may not sue you. For your protection, and to maintain your integrity, you should ask yourself if you would have these "contacts", the ones you were going to bring into the venture with the original producer, if he was not in the picture.
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