Legal Question in Entertainment Law in Texas

Can a recording studio keep my money if I signed an agreement which stated no refunds on service purchased, even if they didn't provide services yet?

I told them I was also in the process to start working with a record label. While not sitting still, I wanted to stay busy doing my music. After meeting with them and signing the paper, I submitted a song by email for them to work on an instrumental. They verbally said I could email it or record myself singing it and they can work on an instrumental. So I requested them to call me when they received the email. To my knowledge it took about two weeks before we spoke, due to my several attempts to contact them by phone, because they didn't reply by email. Then once we spoke they said they got the email, but they didn't call me to let me know.

This is where it really starts, I was like when can I expect the instrumental to be finished. See they were misleading and inconsistent! Next what happen was, they said you have to come to the studio so we can work on the instrumental in person together. I agreed. This part is one of the reasons why I was no longer interested in working with them. I did in the beginning tried to set up an appointment, but they had no times available for those days I could record without paying extra before I got started. Also another reason....like for instance when I said contact me when you receive the email; I had to still contact them.

Bottom line is I requested a refund because it looked promising with the label I mentioned and we never started a session or they never did anything. I didn't realize the paper stated no refund; however they haven't started anything to service me. So my associate called to get the money several times, left messages on when he can swing by to get the money, and I sent an email requesting a refund. Once he got there, they we so rude; claiming my associate was harassing them and he violated the agreement by showing up without an appointment, because he said he could wait until they were done. This was all over the course of the time they we arguing and threats the police would be called was made by the others, because one of the persons in questioned said they didn't feel safe. Mind you that person was not at the studio, but called the other person to inform him to flee from the scene, while no one still tried to talk to my associate. he watched the person hurry and leave. After this happened a few hours of going through my call records, I notice they called a few times before this incident. I did not once get a voice message from them that they don't do refunds, they just said, "to call back." I felt as though it could have been avoided, my associate showing up there, but they lead him to believe a refund is possible do to the fact they didn't reply to the issue of the refund when they left messages.

What if that was their hidden agenda to get him there and claim he was harassment. Now they say they're will suing and I was like so if I can't get my money, can I just make do and get the service then. I feel as though this could have been a set up. How can they keep the money, on what grounds? Can they still keep the money just because they have it in the agreement? What if something happened and I died....So is their more to this protecting us?

Thank you for your professional and legal advice.

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