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What would you do?

J

jefflaurence

This very rarely happens, but I'll run this one by you and see what you think...maybe you had an issue like this.

I have been doing imaging for a station for a few years. The guy that first contacted me was an old friend, and we agreed to a price per month that is identical to two other stations in the same company (although in different markets) Apparently because of this, no paperwork can be found..it was an ongoing relationship..each station paid every month, and he, of course is no longer with the company..also the station in question is being sold to another company, so they are obviously wanting to change imaging voices. No problem there.

Every one of my agreements for imaging clients specifies a 30 written notice cancellation policy. i.e. when you notify me, the 30 days begins, and we must be paid up through those 30 days. This gives them time to re-establish the new talent, and clean away anything that might be left over with my voice work on it.

Wednesday I recieved an e-mail from this station's OM cancelling my services. No problem there..but no mention of 30 days. Then I got a call from the cluster's GM who said that she had sent the check for February already "by mistake" and would like it back because they had terminated me. (The check has not arrived) I told her I would get back with her when it arrived, and return the check if everything else was acceptable.

Last night we did a monitor on them, and found ALL of our work STILL being used (Feb 9th) on the station. Mysteriously I got an e-mail today from the OM (a really good guy) stating that the new stuff would all be on TODAY(coincidence?), and from that I assumed he would like me to return the money.

So..group..what would you do? Return the check? OR keep it as payment for the 30 days notice. (Again remember there is no paperwork reflecting this, but they ARE using our stuff as of yesterday and we are IN February)

Not a huge client, but that doesn't matter. I am on the fence about this one.
 
From a legal standpoint, because there's no supporting documentation, I think you're up the creek on that one.

But I think I would give them a call, be tactful and inform them that all of your material needs to come off the air immediately. I don't think I would show my hand by saying that you just had a verbal agreement with the former guy. You could tell them that "under the terms of our agreement..." and go from there, hoping that they buy it.

I don't know that I'd keep the check, simply because they could always argue that they never signed a contract to that effect. I might consider asking for a prorated amount per day that your material ran on their airwaves beyond the date that they terminated their agreement with you.

Good luck working out this one, and I hope you'll post the results of what happened!
 
Are you sure they haven't just been paying you for the month prior all along?
I think the paperwork they can't find might show that, possibly? ;)
 
Wow....tough call. I think whitfm has a good take on this. Especially if you might be considered for work down the road. As we all know it's tough these days. Let them know that You did a monitor on them and know they're still running your VO and that the Feb check should be kept due to this fact. Most OM/GM/PDs know that there is a cancellation period. Anyone in one of those positions has signed contracts that specify the policy on cancellations. With no paperwork to be found the OM should have inquired with you as to you cancellation policy then executed accordingly. Definately interested to know how this turns out.
 
I'm also interested in how this turns out for you, Jeff. I work with stations along a similar lines, although when we verbally agree to the terms I communicate the terms via a follow-up email to the client and copy my business manager as well, so there is somewhat of a paper trail. I would certainly think if you can't charge for the whole 30 days, you are certainly entitled to the prorated 9 days, which you could document. Deposit the check, cut a check back to the client with an invoice for the prorated amount?
 
Well I need to remember that I did this station for a "sweetheart deal" because a pal was in the position of putting me on this station and several others in a corporate sort of deal where the rate was a flat rate for each station and all the same. Some of the other stations have paperwork..but some do not (like this one..it was a phone call "hey can you do XXXX-FM for us? Same deal?..thanks (click))

So that being the case along with at least two studio moves, four GM's and three ownership/LMA changes even if there was paperwork..who knows where it might be..or how legal it would be for the current owners...I am going to split the difference with them, and offer them a full buyout of the EXISTING tracks to help with the transition. Nothing new to be recorded, but if they want to run them forever..they own 'em!

Everyone's happy!
 
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