Russ.....you got that one right! It's a sign of the times. I've been doing this business for 40+ years and I've never seen anything like the way it is now. People will book, lock you into their back pocket, and then spend the next day making phone calls to find the cheapest musician. Meantime, I entered it in the schedule, made out a worksheet, typed up a contract and mailed it out with a SAE. They don't even bother to call back to say they "found someone else."

This Saturday I'm doing an Oktoberfest. The manager of the CC was dragging his heels with the contract (they figure if they find you to be not that good, they'll hold back some monies). I called him today and told him clearly: "no contract...no music!" I got the contract FAX'd to my within the hour.

No, I never had this problem before. But it's growing into epidemic proportions around here. Remember I'm on the East Coast. I'm not sure what it's like in other parts of the country.

If this is any help to the rest of you, I've taken to telling people on the phone when they book that I'm going to take the initial oral booking over the phone, and advise them I'm recording it. That alone would hold up in court!

I remember the days when business ran by itself and the only thing you had to do was enjoy making music!

Have you spoken to the other party? It seems they cancelled in retaliation, but you say there is no reason for it. If so, why not talk to them and explain that there are no hard feelings over the medical suit and you would like to continue playing for them.

Personally, I feel once you sued them neither you nor they should want to do business together again.

Hi Cassp.....I figured it out already. Do you know when, in the corporate world, you get your walking papers and they escort you to the door right on the spot. Reason being they don't want to take a chance on you sabotaging something (computer files, physical damage, steal something, etc). Well my "former employer" assumed I was going to be mad over losing the suit, and that if I was allowed to play in there again, I would take revenge in some way.

This happens all the time in all fields. I can't half-blame them but it can be really ugly.

Anyhow, I advised them they're welcome to cancel, but I have to be re-imbursed. If the monies are not forthcoming, I'll take them into Small Claims Court again, only this time with a better case.

When you're an artist, this kind of stuff is distasteful and agitating. But bills have to be paid, and they don't get paid by shying away from issues like this. It seems to be a "free-for-all" out there right now, but I'm hoping this is just East Coast conduct!

let us know the final outcome.

[This message has been edited by mikeathome1 (edited 10-04-2007).]

Mark-

Another consideration to have might be the "word of mouth" effect. Many nursing homes are part of a chain and/or have very friendly relationships with other NH facilities around town. I've seen it happen first hand (not to me, thank goodness) where a facility goes sour on an entertainer, drops him, and within a month several other places have done the same.

Many angles to consider before taking a hostile action to a company.

Bill in Dayton


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Bill in Dayton

Just two weeks ago I had a signed contract canceled this year for New Year's Eve. It was 2 hours for $550 - from 7:30 - 9:30 p.m. . I still haven't booked New Years Eve.

It's a nice retirement home. Contract was signed by the ex-Activity Director. She liked me a lot, and hired me every month for the birthday party for about 16 months + the last two New Years Eves. I think that from my being there so often, I stopped being so special.

So the new Activity director at the behest of the assistant (who I didn't have good relations with), canceled with no explanation.

I wasn't told the reason why they canceled. Of course, it's very upsetting for me.

I would take them to small claims court, except for one fact: The two sister facilities of this place hire me a total of 10 evenings for $200/1 hour show.

I am going to put some pressure on them to book me several times next year, but I don't want to put too much pressure on them for the above reason.

Beakybird

Larry (beakybird), what were the TERMS of the contract, and did it include a non-refundable DEPOSIT be paid? All my special event contracts (especially for the highest paying night (Dec 31st) of the year) require a non-refundable (25-50%) deposit be made, which helps to insure clients won't suddenly pull out the way yours did.

Scott

I didn't think of requiring a deposit from an established corporation, and one that I have done business with regularly. I, of course, have done deposits for private parties. This is the first year that I have done contracts. I really didn't have it together professionally before that. This is the first time for me that someone has outright cancelled a signed contract. I've had people tell me that I needed to reschedule, and I don't want to be a jerk, and I usually oblige them.

Anyway, in my case, if I were to take this matter to small claims, I would lose at least $2000 a year of work (for years probably) in order to recover $550. Not smart.

Beakybird