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basschick
05-11-2009, 10:19 PM
looks like affiliates aren't the only ones who say that colt may be missing payments...


Founder Jim French Sues COLT Operators

SAN FRANCISCO — Jim French, the founder of venerable gay adult company COLT Studio, has sued its current owners for breach of contract due to an alleged failure to pay the bulk of a $2.2 million promissory note related to the 2003 sale of the company.

He is seeking a return of all company copyrights and assets to his possession and for the court to order these assets to be sold in order to repay the note.
Jim French Studios Inc. filed the lawsuit in San Francisco Superior Court on April 13 against Prowest Media Corp. for breach of contract, naming as defendants current Prowest Media President John Rutherford, Chief Financial Officer Thomas R. Settle, among others.

Prowest Media has controlled COLT Studio since May 2003.

The suit alleges a failure to repay $1.24 million outstanding on a $2.2 million promissory note issued on May 1, 2003, upon the sale of the company by Jim French Studios to Prowest.

The court filing indicates Prowest had failed to make several payments by January 2005. That month a new promissory note for $1.84 million was executed. The new promissory note dropped the total monthly payment by 42 percent to $25,000 per month.

The note had a graduated payment plan under which the monthly payments rose over the next four and a half years to $55,000 per month. There was a final installment of $130,000 due in July.

The filing indicates that ProWest is current on the revised promissory note approximately to spring 2007.

"As the old saying goes, 'There are two sides to every story.' We regret that Mr. French has chosen to pursue his differences legally where only lawyers will prosper," Rutherford told XBIZ when he was reached for comment over the weekend. "Please know that after nearly 20 years in this business learning from the best, we have every intention of working our differences out."

COLT Studio is one of gay adult's oldest continually operating companies. French, a photographer and adult industry pioneer, founded the company in 1967.

In May 2003, French sold the company to Prowest, whose sole shareholders were Settle and Rutherford, the former president and head of production for Falcon Studios.

In addition to its COLT Studio flagship titles, subsidiary labels include Buckshot Productions, Minute Men and Olympus. The extensive COLT branded line of products includes apparel, leather gear and numerous novelties as well as cards, calendars and books.source: http://www.xbiz.com/news/108075

gaydemon
05-12-2009, 12:21 AM
Yes.. Didn't someone on here have problems getting paid by Colt? 100boys I think?

dzinerbear
05-12-2009, 03:04 AM
Regardless of what the truth is, this won't be good for COLT as the entire industry takes a collective step back. No one wants to face the possibility of not getting paid, whether that possibility exists or is mere fear brought on by a lawsuit.

Michael

basschick
05-12-2009, 03:51 AM
besides the thread here by 100boys, i have found 2 threads by others about possible colt non payment on gww, one from a webmaster and one from a dvd replicator. while we don't know the entire situation and there could be more to it, colt doesn't do any damage control to let the industry - affiliates, co-workers, etc - know what's going on, either.

100boys
05-12-2009, 05:29 AM
Yes I'm the one who who has problems being paid by them. I also know some other affiliates who didn't get paid. I contacted John Rutherford a while ago and after I set a deadline before we got our lawyer involved they forwarded the case to their accountant who told me a few days ago that they wired the amount. I'm still waiting but I will post here once/if I receive it.

I've been sending them a few hundred sales during the last months and I couldn't understand why they didn't try to keep the relationship with us. Other sponsors do invest much more in relationships with affiliates for less sales. I thought they were badly organized or something. Now it looks a bit worse, I hope this won't be the end of COLT. I really like their sites and content.

John Rutherford apologized though and told me that they would change their payment system and thing would be better in future. I hope he's right with that.

archer
05-12-2009, 09:03 AM
odd story.... particularly about the new promissory note. The article doesn't go into detail but doesn't it take two to agree what is, in effect, a new contract? In other words did Mr. French agree to the new deal? If he did then i can't see he has much of a case since Prowest is meeting the terms of the new note.

i can't see how a promissory note can be unilaterally imposed.

PBJoe
05-12-2009, 11:03 AM
odd story.... particularly about the new promissory note. The article doesn't go into detail but doesn't it take two to agree what is, in effect, a new contract? In other words did Mr. French agree to the new deal? If he did then i can't see he has much of a case since Prowest is meeting the terms of the new note.

i can't see how a promissory note can be unilaterally imposed.

The filing indicates that ProWest is current on the revised promissory note approximately to spring 2007

This indicates they are two years behind in payments?

desslock
05-17-2009, 11:38 AM
Sounds like COLT may be having money problems.

This is unfortunate because their Buckshot DVD movies are consistently fantastic, as are the Hungarian muscleguy movies in their Olympus line.

I think they are just having some trouble selling all this in today's landscape.

Steve