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Cancellation Pay #2988334 05/06/19 01:33 PM
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jcadmus Offline OP
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Question: Do you guys get paid if the venue or promoter cancels the gig?

I was scheduled to play an outdoor festival yesterday with one of my bands, but we were rained out. I asked the band leader if we still got paid, and he was befuddled. Seems like the kind of detail he should have nailed in.

Curious what your experience is.


"Tours widely in the southwestern tip of Kentucky"
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Re: Cancellation Pay [Re: jcadmus] #2988408 05/06/19 11:38 PM
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You have to make sure you write that into the contract. Typically, the client can cancel up to 24hrs before the gig. Within that time, it's 50% until the band shows up, and then it's full pay. However sometimes it's spelled out differently for cancellations for other reasons, and there's a separate "rain clause" - each condition having different terms. But it definitely needs to be written into the contract and signed by both parties.


Dan

Acoustic/Electric stringed instruments ranging from 4 to 230 strings, hammered, picked, fingered, slapped, and plucked. Analog and Digital Electronic instruments, reeds, and throat/mouth.
Re: Cancellation Pay [Re: jcadmus] #2988461 05/07/19 11:14 AM
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lug Offline
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wait.......you get paid to play!?!?!?!?!?!?!?!?!?!?!?
shocked


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Re: Cancellation Pay [Re: lug] #2988709 05/08/19 01:17 PM
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jcadmus Offline OP
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Well, yeah, obviously it has to be in the agreement in advance.

I guess what I'm really asking is how prevalent this is.


"Tours widely in the southwestern tip of Kentucky"
Re: Cancellation Pay [Re: lug] #2988710 05/08/19 01:17 PM
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jcadmus Offline OP
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Originally Posted By: lug
wait.......you get paid to play!?!?!?!?!?!?!?!?!?!?!?
shocked

Nominally. With this band, the take is usually 60 bucks and a couple beers per man.


"Tours widely in the southwestern tip of Kentucky"
Re: Cancellation Pay [Re: jcadmus] #2988740 05/08/19 04:32 PM
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Originally Posted By: jcadmus
Well, yeah, obviously it has to be in the agreement in advance.

I guess what I'm really asking is how prevalent this is.


Depends on the band. I was in one that would not take a gig without a contract. We were in pretty high demand, so clients were compliant. There were a couple bars that wouldn't sign them and we didn't play there. Guess what? Those were the places other bands got double booked and stiffed on pay.

I don't think I've EVER played any kind of festival, summer concert, etc, without a contract no matter the band. But there's always been a booking agent involved that tends to handle that part of it.


Dan

Acoustic/Electric stringed instruments ranging from 4 to 230 strings, hammered, picked, fingered, slapped, and plucked. Analog and Digital Electronic instruments, reeds, and throat/mouth.
Re: Cancellation Pay [Re: J. Dead] #2988854 05/09/19 01:22 PM
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jcadmus Offline OP
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Quote:
Depends on the band. I was in one that would not take a gig without a contract. We were in pretty high demand, so clients were compliant.


I think that's the key. This particular band is reasonably popular and has a pretty good following. So I think it's a matter of asking for what they want.

This is mostly academic, really (and doing homework for my new band)-- I'm just a hired gun with this outfit and this weekend is my last gig with them.

Last edited by jcadmus; 05/09/19 01:22 PM.

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Re: Cancellation Pay [Re: jcadmus] #2988872 05/09/19 02:45 PM
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zeronyne Offline
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I've never heard of a festival not REQUIRING contracts. And around here, anyway, a rainout clause is standard. What is not standard is what that clause stipulates.


"For instance" is not proof.
Re: Cancellation Pay [Re: zeronyne] #2988921 05/09/19 09:31 PM
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Paul K Offline
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So only once have I gotten paid for a cancelled gig. Before I moved south (hooray for me!) I did eye exams at a bunch of upstate NY prisons. That gig required overnights due to windshield time. I had booked a solo gig for a Wednesday night after the day job. The proprietor sent me an e-mail canceling the gig because it was due to get a little chilly on the St Laurence River (late July...scheduled to go down to 60F...so normal for that area) but I didn't get the e-mail because I went straight to the gig after my day job. I set up, played the gig, got paid. I didn't find out about the "cancelation" till I went to a different bar whose kitchen was still open. So I was unable to ever book that gig again.


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Re: Cancellation Pay [Re: Paul K] #2989235 05/11/19 09:28 PM
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I would think that any "well organized" event would have a contract, and if outdoors, this would be covered for sure, though not necessarily in your favor.

If you're serious about making money at this, you may want to have an arrangement of your own in your back pocket in case they don't. I'd keep it generic with fill-able areas to cover most situations.

Congrats to anyone who breaks even by time they get home from a gig.


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Re: Cancellation Pay [Re: butcherNburn] #2989257 05/12/19 09:51 AM
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The only time I ever got cancellation pay was from a bandleader who booked me to play bass and then had another guy play the gig. It was a weird situation and it just worked out that way, no blame to anyone, and the band leader went the extra mile. I tried to refuse the pay because I didn't play, but she insisted.
I never had a bar owner even offer.


Always remember that you�re unique. Just like everyone else.



Re: Cancellation Pay [Re: jcadmus] #2994482 06/17/19 07:04 PM
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jcadmus Offline OP
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Circling back on this. Anyone care to share their standard contract for local club or festival dates?


"Tours widely in the southwestern tip of Kentucky"
Re: Cancellation Pay [Re: jcadmus] #2994643 06/18/19 02:41 PM
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I don't have any electronic versions because I haven't handled it in several years and hadn't saved any, but I found a hard copy from an outdoor gig. Our booking agent handled all of the contracts, we just signed them. I'll just type a redacted version of this contract....

Booking Agent Name
Address
City/State/Zip
contact/phone
email

ARTIST CONTRACT


ARTIST: Artist Name
  • contact/rep: my name
  • fed tax ID: furnished upon request
  • address:
  • city/state/zip:


CLIENT: Client Name
  • address:
  • city/state/zip:
  • contact: name
  • Phone:


LOCATION OF ENGAGEMENT:

TIME AND DATE OF ENGAGEMENT:

COMPENSATION: $xxxx.xx Paybable to my name. $xxxx.xx - 50% deposit due upon receipt of contract. Balance due on day of performance. Checks made out to agent name will not be accepted.

OTHER TERMS AND CONDITIONS: Band will provide sound.

Weather Clause: Cancellation due to weather must be given prior to performance. Once performance begins, full payment is due. All cancellations will result in forfeiture of deposit.
Iced bottled water, soda, Gatorade (or similar) to be provided for artist at stage at least one hour prior to performance.

Entertainer Artist will be liable for 10% of the compensation price payable to agent name within 30 days of performance and all performances contracted for artist by Agent name.

This contract may be cancelled by either party within a minimum of 60 days verbal and written notice given to agent name. Cancellation of artist with less than 60 days notice requires full payment. Artist or agent name is not responsible for cancellation due to acts of God, serious illness, death or injury.

We acknowledge that we have read and approved the above terms and conditions.



CLIENT (Signature and Date):_______________________________________________________


ARTIST (Signature and Date):_______________________________________________________


Dan

Acoustic/Electric stringed instruments ranging from 4 to 230 strings, hammered, picked, fingered, slapped, and plucked. Analog and Digital Electronic instruments, reeds, and throat/mouth.
Re: Cancellation Pay [Re: jcadmus] #2994662 06/18/19 04:11 PM
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jcadmus Offline OP
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This is great. Thank you.


"Tours widely in the southwestern tip of Kentucky"
Re: Cancellation Pay [Re: jcadmus] #2994667 06/18/19 04:27 PM
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zeronyne Offline
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Just like kids' soccer games, make sure you add to the contract that appearance of lightning constitutes automatic cancellation (with the before and after clauses in effect). A lot of non-corporate people will not understand that.


"For instance" is not proof.
Re: Cancellation Pay [Re: zeronyne] #2994863 06/19/19 06:14 PM
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jcadmus Offline OP
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Good point.


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