Entertainment management company sues rock band over alleged unpaid commissions

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An entertainment management and marketing company is suing rock band Breaking Benjamin, alleging its members refused to pay commissions owed under a 2019 verbal contract despite reaping financial benefits from association with the business.

Tenth Street Entertainment, which also represents bands such as Motley Crue, Five Finger Death Punch and Papa Roach, filed suit in Los Angeles Superior Court on Tuesday, alleging breach of contract and unjust enrichment. The company seeks unspecified damages. Breaking Benjamin frontman Benjamin Burnley is also named as a defendant.

A representative for Breaking Benjamin could not immediately be reached.

Breaking Benjamin and Tenth Street entered into a verbal agreement in September 2019 in which the company agreed to provide management services to Breaking Benjamin in exchange for commissions until the end of a touring agreement between Live Nation and BB Touring, a company related to the group, according to the costume.

Tenth Street generally charges a 15% commission for its services, but the parties have agreed to a reduced level of 10% of any gross compensation earned, credited or received in connection with any services rendered, the suit says.

Among other things, Tenth Street conducted lengthy negotiations for a touring deal between Live Nation and Breaking Benjamin, which was highly lucrative for the band and included 150 shows for $23.5 million, according to the lawsuit.

“Thanks to Tenth Street’s hard work, expertise and diligence in providing its management services, Breaking Benjamin’s touring revenue nearly tripled,” the lawsuit states.

Breaking Benjamin’s earnings per show went from about $50,000 before the Tenth Street deal to $135,000 afterward, the lawsuit says.

But despite the time and effort Tenth Street put into the band, the band refused to pay what they owed the plaintiff, including commissions owed for the Blue Ridge Rock festival, which fell under the Live Nation deal that Tenth Street had negotiated for BB Touring, the suit alleges.

Before hiring Tenth Street, Breaking Benjamin also tried to deceive another manager, according to the lawsuit. Members of the band have become increasingly difficult to work with and callous, damaging Tenth Street’s credibility and image in the industry, the lawsuit says.

Tenth Street spent a lot of time and money getting merchandising offers for Burnley, but after the offers were presented to him, he ignored them, according to the suit.

Additionally, Tenth Street negotiated at least two record deals for Breaking Benjamin, but 10th Street later learned that Breaking Benjamin and others had held talks with record companies without Tenth Street’s knowledge or sound. involvement, according to the lawsuit.

“This was clearly another scheme by the defendants to reap the benefits of Tenth Street’s hard work without paying for it,” the suit states. (its members) shut them out of critical strategic discussions about the future and goals of the group,” the lawsuit states.

The parties agreed to end their agreement on July 6, when the group said it would pay all owed commissions, the lawsuit says.

Less than two weeks later, Tenth Street sent letters to Breaking Benjamin demanding payment of owed commissions, but the band members refused to pay, according to the lawsuit.

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