Updated at 11am Pacific
“We create viral hit shows that keep people wanting more.”
That’s the promise of Tenderfoot TV, known for series such as “Dear Alana,” and “High Strange,” hosted by Tenderfoot founder Payne Lindsey. There’s also the “Radio Rental” horror-comedy podcast “Rattle & Shook.”
Now, Lindsey and Tenderfoot seek to rattle and shake the dollar coffers at Audacy Inc.
A breach of contract suit was filed August 16 in a California federal district court by attorney Tiffany Rose Caterina, of Century City, Calif.-based law firm Frankfurt Kurnit Klein and Selz P.C.
With assignment to District Judge Michael W. Fitzgerald and Magistrate Judge Steve Kim, plaintiff Tenderfoot TV seeks action against Audacy as the parent of podcast industry entity Cadence13.
According to Tenderfoot TV, Audacy, which has suffered from severe economic pressures in 2023, “has ceased paying Tenderfoot TV … the minimum guarantee owed” to it under a “Podcast Partnership Agreement” between the two parties.
With Audacy’s contractual payment obligations not met, in Tenderfoot TV’s view, it seeks the court’s resolution.
Among the podcasts involved are the aforementioned “Radio Rental” series, “Up and Vanished,” and “To Live and Die in L.A.”
In the lawsuit, Caterina outlines the agreement between Tenderfoot TV and Cadence13 in detail. It is described as “a long-term sales agency relationship” effective as of October 8, 2022, in which Cadence13 is required to pay to Tenderfoot a minimum guarantee of $14 million over two years, with the term commencing on January 1, 2023.
Terms also allow Tenderfoot to unilaterally exercise a third-year option, in which case the
minimum guarantee would increase to $21 million across the three-year period concluding on December 31, 2025.
To make the deal happen, 24 equal monthly installment payments of $520,833.33 for the first two years were agreed to after an initial payment of $1.5 million.
Payments were made by Audacy-owned Cadence13 through July 31, and then ceased. On August 4, Audacy informed Tenderfoot that Cadence13 “is suspending further performance” of its payment obligations.
As such, Tenderfoot is citing breach of contract, and wants at least the $520,833.33 owed for August.
The lawsuit was filed in California based on where production of the Cadence13 podcasts is done.
An Audacy spokesperson had no comment on the lawsuit when contacted by RBR+TVBR.
However, a source close to the matter who requested anonymity says this is a contract dispute and should not be construed as a sign Audacy Corp. is unable to fulfill its payment obligations to other partners or that its current financial situation is directly tied to its decision to not pay Tenderfoot its August installment.
