I booked an event on 05-27-12 for Bastille Day, Saturday, July 14. The signed contract didn’t come back and I didn’t notice it until last week. I wasn’t real concerned as I had done volunteer work for them on four previous occasions and was in a first name relationship with the cient. I telephoned her and didn’t get a callback until this morning.

Client says: “we managed to get the band from last year so we’re going to have you play on the band’s breaks for one-half of the contracted amount.”

I advised her they have both an ethical and a legal obligation to commit to the original contract. She pretty much didn’t take me serious and said she’d return the call.

The following email then arrived (edited):

“We contacted you to hire your services (live music) for our event celebrating Bastille Day….we decided to change our plans in order to ensure entertainment for that great event that we organize for the second time.
I am sincerely sorry that we will not be able to have you for that event but we hope that there will be other occasions when we will have the pleasure to have you to entertain our public.

Bottom line here is that because I did “volunteer work” for them they thought I was a “throwaway” musician, to be used as a safety net if they couldn’t get “last year’s band.”

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.

Now, I’m getting more tired of the complexities involved in legal issues like this. It’s becoming more difficult and takes more time to file the claim, more initial $ filing costs, a whole day out of your life in Small Claims Court, always the possibility of getting an inept judge rule against you, and having to chase down your award money if the defendant doesn’t pay you immediately (I had to garnish a bride’s paycheck once until her obligation was paid off….that really involved paperwork!).

But, I’ll probably still take legal action in Small Claims Court on the matter ‘cause I refuse to be taken advantage of. I’m acting on principle, not on financial need.

Not only is music changing, but people are changing with it. They have no sense of responsibility anymore, and no respect for the professional field.

Still…..I’m weighing my pride, my ego, and the insult to my intelligence against the agony of going through all the above again.

I’m curious how some of you see this situation and what YOU would do?

Mark

Take the 'one-half of the contracted amount' but insist on getting paid in advance. THEN.....show up with an Ipod and play it through the 'other' band's PA system during the band's breaks. Of course, you may STILL end up in small claims court, PRAYING for an incompetent judge.

Seriously, depending on the amount of money, I'd probably just suck it up and chalk it up to another one of life's lessons.

chas

Yeah, it's going to happen from time to time. Stiff upper lip, be cool and carry on. Seems to me you're giving yourself a lot more grief than you need.

Your screwed....no contract....no chance. Bottom line. Lesson learned.

Good luck

From their email response its looks like they cancelled you entierly and your not even getting half because you questioned them. If you are still doing the breaks I'd do as above-do as little as possible. Probably the best thing to do is walk away and not be available when they need some volunteer work. In my situation over the years I've had a bad habit of not doing signed contracts but did learn something interesting. Twice I was cancelled last minute for month long restaurant gigs in places I had worked on a steady basis. Both times I only found out when I called to see if it was possible for me to set up early in the afternoon. "Oh we got a DJ" and "Oh we forgot" . That killed a whole month for me so I pursued them thru a lawyer friend. The law says that if you conducted previous business with them via a verbal contract then any ongoing verbal contracts are legal. I won both cases and got paid in full. I've also got the "we found someone cheaper" after being promised a date and that was from a Country Club board member. I just walked.
Your right, people today have less ethics so be careful and good luck.

For me no signed contract with 50% deposit ...with 60 & 30 day balance cancellation clauses...no music period!!!

Mark,

Like Donny says you ain't got a contract signed in your hand and you cetainly don't have an oral contract if there ever was such a thing... a judge would laugh you out of court if you took it to court, this is just one of those lessons in life.. BTW if you do take her to court get it listed in front of Judge Judy then I can watch you perform here in the UK, also if you do take her to court you will not be on first name terms with her ever again, maybe the freebies you did for her set your fate.

Tony

Bastille Day ...if you lose it will be "OFF WITH HIS HEAD"

If you pursue this, you will burn that bridge forever, win or lose. Ask yourself if it's worth it.
DonM

Man get another gig take an "Ativan" forget that deal and save yourself an ulcer!

However, talk to them kindly. That way if they call again you raise your fee and get paid in advance or just forget it again.

I learned to do this in my brick business that I was in for 40 years. After I went through what your going through a couple of times, I would really get peeved and fighting mad, and it nearly did me in.

So, I started doing what I suggested here to you, and guess what? Some called me back, I charged more and I was extremely happy. In brick I just had to charge another 10% a job and it could be hundreds or thousands of dollars and they didn't even know it.

Cool it man it ain't worth even $1,000,000 to get an ulcer. If you don't have any Ativan, get some, or get xanax. They will help you to not stress out. Sounds like you need them to me. No insult intended.

Take two asprin and call me in the morning. OK?

Good advice, Boo...couldn't have said it better myself!

Ian

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 .

Bill......I've been thinking about those key words "oral contract" for the last few days. I'm writing this for the benefit of the group.

I was lucky. I got reimbursed for my canceled event. If I was UN-lucky, oral contract or written contract, I could have proved my case. But, that's just the start. The next step is spending usually a whole day in Small Claims Court. And when you win your judgment, if the defendant still doesn't want to pay, then you have to start a whole new procedure with a whole new justice dept. That means filling out more papers to get their paycheck "attached." And if they're self-employed, then the Sheriff has to confront them at a time when they have money on them. He honors the judgment by removing them from their money and giving it to you.

That took me a whole year once to get it from a bride who decided to cancel on a whim.

The point I'm making is...to everyone........DON'T ever put yourself in a position where you might have to go through all that. There were more than a few times, I didn't feel comfortable with a client and I asked for the money in advance. Of course, that was in the days when you could pick and choose jobs.....when you came home and found a gazillion calls on your answering machine from people wanting music for their parties. Ah......the good old days!

Mark

When did that stop????

I had a few like that Mark but that didn't take me that long....

Donny......you have to remember not everyone is a TOTL arranger player like yourself. I mean like.......you're the best, or at worst, you're one of the elite few that can play any keyboard including a KMA right out of the box without even using a manual. That really impressed me. You can make keyboards "talk." People like you can pick and choose what jobs you want, how much you're going to charge, how long your breaks will be, do you get a meal, and do they fill your car up with gas again after the gig? In a world of noblemen and the aristocracy, you are the noblest of noble, and a welcome dues-paying member of the aristocracy.

In short, you're constantly "in demand!" I really wouldn't expect someone like you, who does 3 jobs every holiday that comes around, to understand how the phone could stop ringing for ordinary players like myself.

Mark

"Oh Lord, it's hard to be humble,
when you're perfect in every way"

Tony.

I’d have to give it some serious thought before I take on something like that again. The vitality, energy and adventure of youth are no longer with me....mostly the mental energy!

I don't know how Bob Hope managed to play golf up to almost 100?

Mark

Mac Davis is my hero!
DonM

Chas,

I thought I was wrong last week, but I was mistaken...

Just one more example of the 1% being completely out of touch with the rest of us!

Mark, what troubles me is what you are trying gain/win. You may be able to get full pay for a cancelled job but in the end you will lose.
Building a rep. is putting the customer first; even the largest of firms thinks that way.
I read an article where one of the large US companies was trying to increase their business so they hired a team to bring in some fresh ideas. At the end of two weeks of deliberating on subject ( which they received a good size check)
Their suggestion was “Put the customer first”.

Sometimes it is hard but it pays off.

John C.

John, thanks for your thoughts. But, actually, I won.....a good-sized paycheck.



That works good in a world lavish with altruism....but, where I live (in a cosmopolitan area) it's a free-for-all. You basically take the money and run. No one is going to say what a nice fellow he was (me) not asking for reimbursement, let's "make sure we hire him in the future. You're forgotten within 8 minutes of your last conversation. I've heard of instances where it went as far as 12 minutes though!

Mark

I booked a gig for an October Saturday. The client changed dates which still worked for both of us. I got a call from a production company I do work for and booked a job for the vacated date, sent contract. It was a smaller job but a bird in the hand. Then I got a call from another production company looking for my full band for twice the amount for that date. I referred them to a friend of mine as I was booked. Again a I had my bird in the hand, though I wished I had a bigger one-but I wasn't going hungry.

The day after I got my signed contract back I got a call from pro co #1 telling me the client cancelled due to finances. But he promised to make it up to me and I have had some very good jobs from him so I did not complain - I am certain he will. So I call pro co#2 hoping to get the fatter bird and have not heard back from them- the job may have been given to the friend I referred.

So contract or not, preserving the relationship with pro co #1 was more important than the booking. I may still have a shot with pro co #2, and it is a popular date. I expect more offers for this date and won't go hungry....

Mark

That's a good story and sometimes Good Deeds Do Go Unpunished !

Good luck, se you on the 1st at the DC

Mark ... I think I said this in an earlier post, but I recall the days when our band was just starting out (high school) and a 'client' would say "Play this one for $x - much less than the going rate - and the next time you can name your price." ... STILL waiting for the "NEXT TIME" ...

Mark,
I really can relate to your experience. Here in my area it is about the same. I play only senior venues and just the last 6 months I have had 21 Activity Directors turn over at places I have played for years too. Same story - new people don't know me and frankly don't give a damn - so you start all over with them - even though you have filled in at the last moment for them - been very well received by the audiences - and asked to return many times. Fortunately, there must be close to 500 such places in my area so I still stay as busy as I want to be. But, it still is a very large PITA re-calling places where I was a regular for years. For now I just move on a market the new places. Sometimes a corporation will fire the entire staff at a place and absolutely no one is on staff who might remotely remember me.

All that said, I still maintain my standards in choosing whom I will book for gigs. If the staff seems not to care or make an effort to get folks to the performance I just don't rebook them. Some of the senior places simply have a set number of activities that must be held monthly and we are just numbers to the staff.

Yes, we still have the "scammers" trying to get folks to "audition" for free - don't hold your breath to hear from them after the audition if it means getting paid. At least I have never fallen for that one.

Deane

Last installment, and I think I figured it all out.

So I got a call from the client today inquiring if I received my reimbursement check. That’s unheard of in the entertainment world OR the business world....maybe even the SynthZone!

So what is it I did this time, that I didn’t have to go through hoops to get what I was entitled to? I thought about it all afternoon. What I did was...don’t waste any time going up against the enemy. Don’t hang around in the trenches. Attack immediately. State your case straight away, advise them of your recourse plan of action, be firm, show them you mean business, and give them a short time limit (7 days) to respond.

My feeling is the reason they canceled me the way they did was because they thought I was a slouch, and expected me to act like a slouch...i.e. run off with my tail between my legs. I guess when they realized I wasn’t born yesterday, they...reconsidered.

But, to be fair, they did act gentlemanly through the whole procedure. So, I’ll wonder forever was it because I explained to them that I was ready to enter into legal action and that going to Small Claims Court is not much different than spending time in Dante’s Inferno and only a step above taking a day trip to Purgatory. Or was it because I was lucky enough to have this issue with really genuine, good people. BTW, the organization was a large ethnic organization based in Europe. European folks DO have somewhat better business ethics.

Well, the check was in the mail, and now the money is in my pocket.

Mark

Mark - count yourself lucky to have dealt with some pretty super ethical people. Your legal aggressiveness wouldn't normally phase another client. I don't think any client considers someone a slouch when they make cancellations. As I've read this thread it seems pretty obvious there was a lack of internal communication with the client and you got squeezed. Here in the USA I would never use your heavy handed approach. I think you should be thankful for having such a great client instead of boasting about how you bully'd them into submission.

I already did and I include them in my prayers every night, and I'll be certain to send them a Xmas card every year



I think anyone with an IQ larger than their shoe size would get the bigger picture!


Poor choice of words.........I should have said "PUSHOVER"



I definitely got "squeezed".....as for lack of "internal communication," there was NONE on my part....I'm as clear as a bell when it comes to business communication and MONEY. BTW....I also have a Black Belt in "communication" and the Good Housekeeping Seal of Approval in business ethics.


I AM in the USA!. NYC area. Around here, before you even get your driver's license, you take "survivor skill" courses.......like Jungle Warfare training, Guerilla tactics,
Emergency survival skills, courses on how to buy a used car without getting ripped off, how to get married, etc. Then, after all that schooling, you take what you learned to the General Motors proving grounds and if you pass those tests, you take your place back in society and hope you never need any of it! This time I did!



Yes'm.....Yes'm.....Yes'm....I totally agree with that!



So you're saying no one on the SynthZone boasts about anything, and if you do, you have to do 20 pushups? If I remember correctly, someone boasted in this room a few years back and no one chastised this person. Wait.....I think that was me and you must have overlooked it.

My monologue was maybe 25% boasting and 75% trying to pass on some helpful knowledge for anyone else caught up in this type of situation. Most of my friends don't even know there exists a Small Claims Court for contract enforcement.

I didn't "bully anyone into submission." I gave them their choice in a polite, but firm manner. "Take the reimbursement route, or I'm going to "double down" in court and ask for twice that amount.

It wasn't like this years ago. Now with the economic downturn, and the "every man for himself" mindset, and "always sit with your back against the wall" philosophy, playing music and entertaining an audience is not the joy it used to be! I wish it wasn't like that, but it is.

"Adaptability" is the key word here. You change your behavior to match your client's behavior. You "fight fire with fire." Heck, do I honestly think I'm going to get a condo in Heaven waiting for me (with Fran's showgirls to greet me) if I don't show that I earned it here in the real world!

Mark

Tony got this right here! How many of us were "green" in the early days before we learned to take the bull by the horns?

1. I showed up for a NYE job at a long-time clients home, and the job was canceled. She (a local physician) passed away several days before, and in the turbulence that followed, they forgot to call me. I LET THAT ONE SLIDE!

2. On a job I had for 14 seasons, on the patio, a decision was made to close for the weather, and they forgot to tell me. I LET THAT ONE SLIDE, because they were so good to work for and I had been there so long.

3. A jerk who operated a Cajun restaurant double-booked and didn't tell me. I refused all future bookings and told the established players in the area that the guy was STILL trying to play games. He was NEVER able to book the top tier players and was shut down for failure to pay taxes shortly thereafter.

4. I was booked at a Helmsly Hotel that sold to Ramada. They lost their license to sell booze...something about needing a one year lease for the property in the name of the franchise to secure the license. I went to work and the bar was locked. I turned the place over to my lawyer, who collected the 6 weeks pay for the balance of the contract.

5. I went to work in another Ramada, and the front door was locked....bankruptcy. Took me 3 months to get my equipment back, thru efforts of my lawyer and a music store that could help resurrect receipts to prove that the equipment was mine. Salary was lost...I was listed as a creditor. Lost 4 weeks of money.

I guess my answer to your original question is..."it depends".

I would not hesitate to sue a jerk trying to "get over", but I'd certainly cut descent people who simply made a mistake
some slack...especially, if I had a good relationship in the past and there was more opportunity for mutually satisfying business.

Sounds like you did what was right for you and your situation.


Russ

I must have missed that class; that's why I didn't do it right the first time!