Don and Boo are both right on the money!

Gary

Money gigs are definitely different than volunteer gigs. If you've previously only done volunteer work there, then both you and she made some unfortunate assumptions. No contract, no work should become your new mantra. Even a simply made contract is better for both parties. It sounds as if she is leaving the door open for future work. I would suggest you pleasantly approach her soon and see if there is still something there to "cash" in on.

The contract deal would be great if you're gonna play with the "Tonight Show" band for 5 years. Now if you're talking about a 5 night a week gig for $200 a night that's worth a contract. A once a month thing that may or may not happen is a different animal.

I've done contracts with new contractors. A brick job on a small commercial project could run $30,000-$40,000. Heck here in Western Colorado I've done residential where just the brick veneer ran in excess of $30,000 20 years ago. A contract for a $100 NH gig I think is a stretch.

How much is it gonna cost to take the contract, chase the person down so on and so forth, for a $150 gig? You'll wind up losing money on that gig IMHO.

Incidentally check with a legal expert you might know. I've had attorney friends I made in pool halls and coffee shops. I've been told that there isn't a contract written that couldn't be broken by a good attorney in 24 hours.

Mark,read my earlier post again. It ain't worth worrying about. Save your worries for the IRS and the Government. Ha ha!

Take two more aspirin get some rest and call me in the morning.
Trust me I know where you're at. It ain't worth it. Chill out friend.

Thanks to everyone who contributed. But I was more interested in how YOU would have handled it AFTER the cancelation…..as compared to “you should have sent a contract.”

Anyhow, speaking for myself, I mostly always take the “stand your ground” defense. Fight for what you believe in and for what is right, no matter how worn down you are!

For those who are interested, here’s how it played out in a series of emails:

Client…..booked the event and seemed to be truly apologetic for what happened, she said her
boss in the head office called the shots:

She wrote:

“Mark,
I just heard your message and I am sorry about all this. As I told you on the phone, I have no say in this, and it is Mr. Smith’s decision.
I hope you were able to speak to him.

Best,
 
Cordially,
Sharon

So, I wrote to “Mr. Smith”

(edited)

On May 19, 2012, Sharon sent me an email asking that I perform at your Bastille Day event on July 14, 2012. We discussed it on the phone and I eventually went……on May 27, 2012 to confirm with her in person and to take down the details of the event so that I may send her a contract. She stated she “never received the contract in the mail.”

However, the oral contract is a binding contract in itself.  When Sharon advised me they were changing the entertainment performance, I advised her of that. I also advised Sharon on that same date of May 27, that I was “entering her event in my schedule” and that I would be refusing any other offers to play on that date.
 
I was not notified until the morning of July 09, 2012, that another band was hired to play there after I was contracted and that my services were no longer required.
 
My position is that Sharon engaged me, by oral contract (binding in this state) on May 27, 2012 to entertain for your event on July 14, 2012.  Under the rules of an "oral contract/agreement," when a buyer clearly understands what the seller is offering (a product or service), and agrees to purchase the service and both parties agree to the terms, it then becomes a binding contract enforceable in a court of law. Further, a contract can not be broken or ignored by one party; both parties must agree to it.
 
At present, I stand to lose a paid salary (the original amount of the "agreement") through no fault of my own……..your cancellation of July 14, 2012 leaves me with no income for that day.
 
I am therefore formally requesting from you the agreed-upon amount as compensation for this inappropriate cancellation. 
 
If this amount is not forthcoming within a reasonable period, you leave me no choice but to take the matter before a judge in Superior Court /Special Civil Part (Small Claims Court), so that he may review this issue and make his own fair and unbiased determination based on the facts. If this becomes necessary, I will request payment from you of twice the original amount which will include punitive damages + court costs.
 
If a judge determines that an oral contract was made, and that you did indeed understand and agree to the terms of our oral contract, and that you subsequently did not commit yourself to fulfilling the terms of our contract, you will then be liable for whatever amount the judge deems fair up to the amount I will be requesting. 
 
For the record, I am ready, willing and able to perform for your function on July 14, 2012.
 
Please advise me of your intentions."

Mark says 24 hours later he got the following email:

"Dear Sir:

I received your fax.

As I now have full details concerning the issue related to your participation to our event, I do agree to compensate for the cancellation of your performance decided by us.

I would therefore be grateful if you could send me an invoice for the agreed amount and I will have a check sent to you.

Best regards,

Mr. Smith"

Mark says: Whew!!!........I really wasn't looking forward to going through all that messy litigation! The Gods were good to me on this one!
 

original post: "
I’ve had cancellations about a half dozen times over the years, and the ones who cancelled without legitimate reasons (sickness, etc), I took to Small Claims Court acting as my own attorney. My complaint was “breach of oral contract” ….I won every case and was compensated by each client.




Tony (and your adopted son Donny)....may I suggest you put on your glasses and read the above again?

You may also want to read the following:

http://wisblawg.blogspot.com/2007/07/is-oral-contract-as-good-as-written.html

http://myadvocates.com/business-disputes/broken-oral-agreements




I don't think I'd want to perform there in the UK for Judge Judy or Judge Bean even. You see, I know a lot of songs but I can't play any of them without making mistakes. Do you think that's why I got canceled in the first place?

Mark

Mark,

Don't know why you are playing an arranger for a living, attorney appears to be a better option and it will be better paid

And Mark I doubt very much if you will ever work there again, perhaps it's simple, we just don't do things that way in the UK, most would just walk away for this one so we could play there again, thats all, we say shooting yourself in both feet, it's a culture thing again.

Tony

Just what you said don't do Don

for all the non-believers........he said the check was "in the mail," and it WAS "in the mail" I got it today!

And a bonus…….we’re still on good terms. It appears they’re only one of a handful of people existing on the planet that can admit they made a mistake. They made a boo-boo and took responsibility for it.

I’m glad I went for the gold. I’ll use the money to help Stephen pay for a Korg PA3x for me.

Mark,

I am glad it all turned out OK and you are all still friends, got your money thats also good, it just appeared at the time you were using a very large sledge-hammer to crack a very small nut, anyway all turned out well, over and done with.

Tony

Mark

It may have been a some trouble and a gamble that you would ever work with these people again but I'm happy for the outcome. You got paid, they admitted their mistake, and your still on good terms. As I said years ago I learned an oral contract is good in court. As for the person booking you being overshadowed by someone else and passing the blame, it happens all the time and I hate it. Going through that now with a summer gig. Manager books me and then says the owner did something else. What to do? Went directly to the owner and got it straightened out and we're still on good terms.. Sometimes things work out .