Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

The Intra-Band Agreement: Why Your Band Needs a Pre-Nup

Author: Scarinci Hollenbeck, LLC

Date: November 8, 2016

Key Contacts

Back

Why Your Band Should Consider an Intra-band agreement

intra-band agreement

When new bands are early in their careers, there is a sense of “us against the world” and a comradery that makes all the members think that their friendship and common purpose will never fade. This is exactly the feeling engaged couples have. In fact, most people feel somewhat uncomfortable with the idea of pre-nuptial agreements. The sense is that you should not be contemplating what happens if the marriage dissolves because you are somehow setting the marriage up to fail.The purpose of a pre-nup is to contemplate and reach an agreement of terms in the event that the marriage ends at a time when the couple are not overcome with negative emotions and can agree on what would be fair. The same purpose applies to bands with what’s called an “Intra-Band Agreement.”

What is an intra-band agreement?

An Intra-Band Agreement, at its simplest, contemplates how and what happens if the time comes that a band member leaves voluntarily, must be fired or the band breaks up. The best time to make those decisions is now, while everyone likes each other. If you wait until someone quits or is fired, the process is sure to become messy and ugly.

I have witnessed this too many times. Without an Intra-Band Agreement, a leaving member will often result in long, protracted and expensive legal battles. In one case, in the course of a long and heated dispute, a leaving member had filed a complaint with the court, but never actually served it. A blogger discovered the complaint and published it online, with all of the other band members home addresses. I had to rush to the courthouse to have the complaint sealed.

Too many times, I have seen both the band and the leaving member spend more money in legal fees than the amount that winds up being agreed upon; couple that with the aggravation and emotional toll over the course of what could be years. All of this turmoil and expense can be avoided by having an Intra-Band Agreement drafted before any trouble begins. Hopefully, your band will always get along and you will never need to invoke the Intra-Band Agreement. That’s the way it usually works, right? But, if your band does reach the point that someone is quitting or needs to be fired, you are all likely to feel glad and well served by the certainty and the streamlined process the Intra-Band Agreement provides.

The Bottom Line

As the saying goes: “Hope for the best, prepare for the worst.” A couple doesn’t get married expecting it to end in divorce. New bands can’t possibly imagine there being a time they would be suing one another. But, it happens. All too often. Ask The Eagles, or the Beach Boys, or RATT or The Cars or….you get the picture. Make some decisions now while everyone can agree on what’s fair. Have that pre-nup if your band divorces. An Intra-Band Agreement will save your band time, money and a lot of stress.

Are you considering drafting an Intra-Band Agreement? Would you like to discuss the matter further? If so, please contact me, Brent “Giles” Davis, at 201-806-3364.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Are Your Conversations with AI Shielded from Discovery? Courts Are Split post image

Are Your Conversations with AI Shielded from Discovery? Courts Are Split

Whether a client’s prompts to a generative AI tool and the documents it produces are protected from disclosure depends on the case type, who claims protection, and whether counsel was involved. In United States v. Heppner, a New York federal judge ruled that a criminal defendant’s communications with an AI platform were protected by neither […]

Author: Chris Seelinger

Link to post with title - "Are Your Conversations with AI Shielded from Discovery? Courts Are Split"
Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs post image

Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs

When a family member can no longer make important decisions for themself, the question is often not whether the family will step in, but whether they have the legal authority to do so. A spouse may manage household finances, or an adult child may arrange medical care and pay bills. Still, informal assistance does not […]

Author: Marc J. Comer

Link to post with title - "Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs"
New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments post image

New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments

New Jersey residential developers with affordable housing obligations should carefully review their existing approvals, development agreements, and proposed deed restrictions in light of the State’s revised UHAC regulations (Uniform Housing Affordability Controls). The regulations, which took effect on November 6, 2025, significantly change the administration and physical requirements for affordable housing units. For developers with […]

Author: Wendy Rubinstein Quiroga

Link to post with title - "New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments"
“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy post image

“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy

A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]

Author: Sean M. Pena

Link to post with title - "“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy"
Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders post image

Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders

Utility-scale battery energy storage systems (BESS) are becoming an increasingly important component of the electric grid throughout New Jersey, New York, and Pennsylvania. As renewable generation expands, electricity demand increases and grid operators seek greater flexibility, battery storage can help balance supply and demand while providing additional capacity and reliability. For developers, battery storage presents […]

Author: Nicholas Wall

Link to post with title - "Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders"
Navigating Disputes: Hire a Partnership Dispute Lawyer post image

Navigating Disputes: Hire a Partnership Dispute Lawyer

A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]

Author: Jay McDaniel

Link to post with title - "Navigating Disputes: Hire a Partnership Dispute Lawyer"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!