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I entered into a service contract several years ago. The…

I entered into a service...
I entered into a service contract several years ago. The company that contracted me to provide the service will not let me fulfill my obligations under the contract, AND they won't provide me with a copy of the executed contract so that I can see my list of responsibilities and potential recourse for their failure to let me perform. The service contract is exclusive, so they are saying I can't go work with someone else bc the contract with them is still valid... but they won't let me take steps to fulfill the contract. Can I send them a termination letter to get out of the contract since they won't do their part to let me perform, AND they won't provide me with a copy of the contract?
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Answered in 7 minutes by:
1/3/2018
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 4,072
Experience: Partner at Kent Law Group, LLC
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Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that as well.
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So, clearly they're creating an untenable situation. You could send them a certified letter, return receipt requested (so they can't say they didn't get it) stating that you have requested a copy of the contract multiple times and this will be your final request. If they do not provide it and/or tell you what you need to do under the terms of the contract you will deem them to have materially breached the contract thereby extinguishing you from any further obligations under the contract. Is that strictly true? I can't say definitively b/c I don't know what your contract actually states - but it *should* go a long way toward getting resolution if you're dealing with a sane group of individuals. If not, if they sue you they will have a hard time proving default by you since you made a good faith attempt to comply with the contract - that's why having something in writing is so important.

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Customer reply replied 6 months ago
by merely withholding the contract from me, that could be construed as a failure on their end to comply with the terms of the contract? To give you more details, I am a recording artist who entered into an exclusive recording agreement with an independent record label. They won't give me a copy of the contract, but they also won't allow me to record or release music. I got extremely discouraged from making music, but after encouragement from friends and family, I just want to self-release some new music, but I'm technically still in the agreement with the record label. They won't give me a copy of the contract, they won't answer my phone calls, and they won't provide me with any tools to record or release music. They're basically hindering me from moving on, claiming that they still have an exclusive contract with me, even though I don't know the terms and they aren't giving me any opportunity to work with them for releasing music.
Customer reply replied 6 months ago
Basically, they have no ability or interest in developing my career as an artist, but they also don't want to let me move on. Thus, they are saying that I'm still in the agreement with them, and they own all of my music (basically indefinitely) because I haven't fulfilled the terms of my contract yet... but they aren't providing the resources they were supposed to provide.

So, by merely withholding the contract from me, that could be construed as a failure on their end to comply with the terms of the contract? <- you can essentially argue impossibility of compliance since you don't know exactly how to comply and they won't tell you.

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That's an untenable situation - but the contract is unlikely to be indefinite. It should have a term attached to it - and if you sue them for release from the contract you can demand a copy of the contract in Discovery.

Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 4,072
Experience: Partner at Kent Law Group, LLC
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