#1
Ok so im having a bit of a problem with some show promoters. The show isnt going as planned and to make a long story short he is threatening to take my band to court over a contract that we signed. All of us are under 18 and none of us have been emancipated. Is this contract legally binding?

Another question is could we possibly take him to court and counter-sue for harassment or would that in a way be acknowledging our contract?

Thanks for the help
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#2
We need the "long story" to help out more.
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touche sir.
#3
Ok then let me explain. (this is going to take a while)

We were supposed to play a show in october with Fear Before The march Of Flames. The presale was 50 tickets and we figured it would be good exposure for our band. So a few weeks go by and we find out that they dropped from the show along with about 2 other touring bands. So we told the promoter if we could just drop off of the show as it will not be worth our time and 50 tickets is too much for local headliners because none of the people that planned to go will end up going. He basically said "well you guys signed a contract saying that you will give me 500 dollars on the day of the show. You can either play the show or we can settle things in court."

Can he actually take us to court or is this contract not legally binding? Keep in mind i signed it and i am 17 years old. (This is in the USA if that matters)
Quote by csn00b
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#4
Its binding, I have no idea why the hell you would sign that.

EDIT: Under 18? Well now I'm not sure.
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Quote by Sammythedruggie

touche sir.
#5
Call a lawyer. Seriously.

Contractual law is civil. It is handled by the state.
#7
Yeah, contacting someone couldn't hurt. ANY signed document is legally binding in court bro. Its not the promoters fault that these dudes would drop out. Though he would go after every band. Or if he would sue you, you can sue all the other ones.
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Quote by Sammythedruggie

touche sir.
#8
I have been researching this question and everything says that the contract is not legally binding since i am 17 and not 18 years old.
Quote by csn00b
I hate seeing cute girls topless and what not, it just feels wrong.
#9
That's totally possible, BUT I believe being underage only means they can go after your parents.

EDIT: Did research. Seems like anyone underage cannot be held to a contract like this. I'd ask a lawyer though.
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Quote by Sammythedruggie

touche sir.
#10
But my parents have no part in this deal. Their name is no where on the contract at all.
Quote by csn00b
I hate seeing cute girls topless and what not, it just feels wrong.
#11
usually promoters give you two weeks or so before the show to cancel without anything lame happening. I'm in the same exact situation where my band has to sell 25 tickets before the end of September to play with Oceana and Inhale Exhale. But, the contract we signed said that we could cancel with two weeks notice if we couldn't sell the 25 tickets.
#12
$500? Don't 17 year olds have jobs that pay twice that a month?
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#13
Yeah but this guy is an asshole.
Quote by csn00b
I hate seeing cute girls topless and what not, it just feels wrong.
#14
Actually, here is something that might help. But don't hold me to this!

"Minors

A minor is someone under the age of 18. Because a minor lacks legal capacity, s/he normally can create only a voidable contract. A voidable contract may be canceled by the party who lacks capacity. Notice that only the party lacking capacity may cancel the agreement. So a minor who enters a into a contract generally may choose between enforcing the agreement or negating it. The other party, however, has no such right.

Disaffirmance

A minor who wishes to escape from a contract generally may disaffirm it; that is, he may notify the other party that he refuses to be bound by the agreement. [Example given]

Restitution

A minor who disaffirms a contract must return the consideration he has received, to the extent that he is able. Restoring the other party to its original position is called restitution."


Beatty, Samuelson. Legal Environment pg. 237

This is from my Business Law text book. I have no idea if it holds in Cali., but it sounds somewhat promising. It would probably be best if you could still talk to someone who could actually give you some real legal council.

Good luck.
#15
Well he cannot do anything. You're a minor, you didn't know better. You are giving him MORE then enough notice too.
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Quote by Sammythedruggie

touche sir.
#16
Thats what i mean. i need to discuss this with my aunt and uncle as both of them are attorneys. I have all the messages that we have been sending back and forth as well to prove that we gave him over a months notice to book another band to play the show.
Quote by csn00b
I hate seeing cute girls topless and what not, it just feels wrong.
#18
You've heard it.

The Pit's Opinion: Not legally binding.

Due to our track record I bet it is legal, and you're going to jail to get butt-****ed by a fat guy named Silk. Have fun.
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Quote by Sammythedruggie

touche sir.
#19
hahahaha. Yeah the pit never gives good advice.
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I hate seeing cute girls topless and what not, it just feels wrong.
#20
I donno, most of the time rape DOES seem like a good solution.
Add me or I will eat your kitty!



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Quote by Sammythedruggie

touche sir.
#21
hhaha. another band just dropped and they got into an argument with the promoter.
Quote by csn00b
I hate seeing cute girls topless and what not, it just feels wrong.
#22
Ok so, because you're under 18 you CAN enter a contractual agreement (that being an agreement in contract form) you CANNOT be legally bound to a contract as you are not a legal entity, yet. This of course doesn't apply in some areas, employment being the most common as (in Australia at least) a person 16yrs or older can sign the employment contract themselves.

So, whatever you signed for the promoter is not legally binding for either side. You agreed to give him $500 (one way or another) given that the opportunity to do so exists. Seeings as you no longer believe you have the ability to uphold your side of the bargain you are completely within your rights to void the contract but not playing the show or whatever.

And what can he do to you? NOTHING if he did take this matter to court the case would be dismissed as you (a minor) entered into a contract without a guarantor (you parents or guardians or anyone over 18).

I say call the guy and just laugh down the phone at how stupid he is to think he can actually get his money out of you.
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#23
hahaha cool deal man. yeah im trying to contact him right now.
Quote by csn00b
I hate seeing cute girls topless and what not, it just feels wrong.
#24
the promoter is a fool to let a minor sign a contract. there are only a couple of very tight loopholes there, but i think they're actually in your favor.

you may not need to waste money on a lawyer accompanying you in court, but talk to one about the legality of the contract.
#25
give him the aidZ screw the contract
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