Famous
West Palm Beach,#2Consumer Comment
Thu, September 04, 2008
IF YOU BOOK YOUR BAND YOU SHOUD READ THIS AS WELL. Just ran accross this report from over a year ago,, haven't seen any other reports of such. Looks like the owner of the venue was trying to keep what customers he did have from walking out the door. Sometimes honesty can be very cruel, if you don't know that your music stinks because your friends tell you it was good just to keep from hurting your feelings, well - just look at american idol. They think that they are the real deal most of them, but you know when you hear them they suck, but yet they think that they are the best. This is why you should never go into any venue looking for work and tell them you are as good as so and so or better than that band and we draw 300 people or more,, WHAT YOU SHOULD DO TO GET A GIG IS ---- Offer a demo cd or press kit, and invite them to your next show and everyone will know what to expect. FOR EVERYONE WHO IS A CONTRACT FREEEK--- As for a contract,, most venues do not deal in contracts with anything less than a National Act so don't kid your self, also noticed some comments about how bars pay the least amount of money.. The amount of money that different gigs pays really is off the subject being that the real question here was why they were told to stop playing which after talking to the owner of the bar he says " They were off really really bad and I had 70 customers walk out the door which said they couldn't stand to listen to anymore of this band, So I took them off my stage". So I guess you could consider it good that you got your gas money and paid for the flyers assuming that you actually promoted the show at all. Good luck to all you giggers and hope this put a light at the end of the tunnel for most of you. latr, BS
Dave
Jacksonville,#3Consumer Comment
Mon, May 08, 2006
Obviously, you aren't a musician. If you were, you would know that many club owners will not sign a contract. And if you don't take the gig, there are 30 bands out there that will. And, I am probably the most professional player you will ever encounter. But, I am a blues musician, and don't have the problems rock/rap/heavy metal bands have when trying to book a club. I've never required a contract, and never had a problem. It all depends on the venue, and how you read the club owners.
Peter
Pony,#4Consumer Comment
Mon, May 08, 2006
Perhaps if the "professional musicians" out there handled themselves more "professionally" by requiring written, legally-binding contracts, then those who hire them will be forced to comply. After all, if some place refused to sign a contract, no one else would be willing to take the gig. This may seem an impossible feat for those "professional musicians" who lack the basic writing skills to draw up a contract of their own, or the confidence to insist on it being signed. For those people, at the very least, get your earnings up-front before you begin your performance, so that there is no "misunderstanding" afterward when you are standing there with your outstretched hand.
Cyn
Port Orchard,#5Consumer Suggestion
Mon, May 08, 2006
yes, and that is why bars/clubs are some of the worst gigs. They pay the least, and they have the least contractual security. But they're cool. I guess.
Dave
Jacksonville,#6Consumer Comment
Mon, May 08, 2006
For all you people saying "get it in writing", not as easy as it sounds. I've been a professional musician for about 30 years, and most club owners will not commit to paper. However, most do not, at least in my experience, tell you to leave in the middle of a gig. Unless, of course, you suck, or the place is empty. Even if the business is not there, the owner is still responsible for paying for the entire night, since it isn't your fault that there were no customers, unless you told the him that you had a huge following. That's what some bands do, hoping that the regulars will fill up the seats, because usually the 'huge following' consists of a couple of girlfriends, a crack-head buddy and someone's mother!
Cyn
Port Orchard,#7Consumer Suggestion
Mon, May 08, 2006
you had a valid oral contract. However, for your own self defense, you should always get it in writing. If you can't get it in writing, DON'T PLAY THE GIG. If the club owner can treat it like a business, so can you. I get a written contract just to play somebody's WEDDING, for heaven's sake. Act like a professional if you want to be treated like a professional.
Bill
Boca Raton,#8Author of original report
Sun, May 07, 2006
For the last time. I am not going to go into Law 101. ORAL CONTRACTS ARE LEGALLY BINDING ON STATE AND FEDERAL LEVELS. PLEASE ONLY POST HERE IF YOU HAD PROBLEMS WITH MR. G'S OR OTHER CLUB OWNERS. we are only trying to warn other bands that Mike will screw you over. We are not trying to get reimbursed. For Tony in Pony consult Blacks Law dictionary under oral contracts and you will find your answers about oral contracts. If you can't do this just watch judge judy.
Cyn
Port Orchard,#9Consumer Suggestion
Sun, May 07, 2006
I'm not saying you weren't ripped off, but you will probably have to just consider this an expensive lesson. All the professional musicians I know use written contracts -- they can't stress it enough. Get it in writing. Your bass-player lawyer should have advised you better.
Larry
West Sacramento,#10Consumer Comment
Sun, May 07, 2006
Oral contracts are usually legally binding within the limits of state law. Most states have limitations on what an oral contract may cover, such as amounts of less than $1000 or leases of less than a year. Oral contracts are hard to prove since evidence consists only of what the parties and witnesses claim to remember and their testimonies nearly always conflict. The more complex the contract, the more conflicting testimony there will be. This is a pretty straight forward contract: The band plays and the club pays $300. Unless the club can prove that pro rata pay was agreed to or is the usual practice in the industry, the club owes the band the balance of the $300. In most states, the prevailing party in a lawsuit arising from a contract -- even an oral contract -- is entitled to recover his costs in bringing the suit. Hire a lawyer and sue the deadbeat club owner. He will end up paying you the balance he owes you, paying his attorney, paying your attorney, paying your costs in filing the complaint, paying his costs in filing an answer, and the cost of serving the lawsuit on him. Depending on how much he wishes to fight, the club owner will end up paying thousands and have a judgment against him recorded in public records for all eternity. It will make him think twice before he screws another band.
Bill
Boca Raton,#11Author of original report
Sun, May 07, 2006
Has anyone here played some s**t hole club for less than 100 people and said to the owner or booking agent "Here you have to sign our contract before we play." I can see that for national acts and larger but locals no way. Get real, Go out and play music before you post here. We are just trying to keep other bands from getting shafted like we did. If you got screwed by Mr. G's or another club owner please feel free to post here.
Bill
Boca Raton,#12Author of original report
Sun, May 07, 2006
Tony, are you a lawyer? Our bass player is a lawyer in the state of Fl. Oral contracts ARE LEGALLY BINDING ON STATE AND FEDERAL LEVELS. I suggest that you get something better to than try piss off local bands in other states. Do you Know Mr. G's are you affiliated with them or do you have nothing better to do with your time. You seem rather pathetic to me. We are playing more shows at better venues and we have Several major labels interested in us. What are You doing. Get a Life Pony Tony.
Peter
Pony,#13Consumer Comment
Sun, May 07, 2006
An "oral contract" is never legally-binding. If it were, then you would have been able to be reimbursed for your losses through the legal system and would not be in the situation that you are in now. I am interested to know which law you believe supports "oral contracts" as binding. Could you please cite the specific law you are talking about?
Peter
Pony,#14Consumer Comment
Sun, May 07, 2006
An "oral contract" is never legally-binding. If it were, then you would have been able to be reimbursed for your losses through the legal system and would not be in the situation that you are in now. I am interested to know which law you believe supports "oral contracts" as binding. Could you please cite the specific law you are talking about?
Peter
Pony,#15Consumer Comment
Sun, May 07, 2006
An "oral contract" is never legally-binding. If it were, then you would have been able to be reimbursed for your losses through the legal system and would not be in the situation that you are in now. I am interested to know which law you believe supports "oral contracts" as binding. Could you please cite the specific law you are talking about?
Peter
Pony,#16Consumer Comment
Sun, May 07, 2006
An "oral contract" is never legally-binding. If it were, then you would have been able to be reimbursed for your losses through the legal system and would not be in the situation that you are in now. I am interested to know which law you believe supports "oral contracts" as binding. Could you please cite the specific law you are talking about?
Bill
Boca Raton,#17Author of original report
Sun, May 07, 2006
In response to Peter in Pony, Al. we had an oral contract with witnesses which is according to federal law and state law legally binding.
Peter
Pony,#18Consumer Comment
Sat, May 06, 2006
Did you not have a written contract specifying the entire length of your performance as well as the total amount due to you? If you did have such a contract, and this guy chose to cut your performance early, he would still owe you the full amount as specified. It sounds to me like you were so eager to perform there that you did not take the necessary legal steps to protect yourself in such an instance.