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