Gig canceled POST-setup

[Jason Stanfield]

We arrive at the venue at 7:30 pm, with a start time at 9:00. We've played there several times before, so we just start moving in and getting set up. We're a 5-piece, each with a lot of gear, so it takes about an hour to 75 minutes to get set up and sound-checked.

 

Five minutes to downbeat -- we're sound-checked, cables are taped down, stage door is locked, lights are on, and we're getting our last-minute beverages -- the guitarist finds us, and says, "pack it up; we're going home."

 

Come to find out (well, the story we were told was) that the venue had fired their booking guy a month ago, and never got the book from him. They merely trusted that he called all the bands and canceled their dates -- which, of course, he didn't.

 

We were given 1/5th of what we earn as "consolation" payment, and had to tear everything down and go home.

 

More annoying than losing money, time, and an opportunity to play, is that we were informed of this after 90 minutes of setup. How did you not notice the copious amounts of musical gear being brought in through your front door? Or three guys going "check, check" into a PA system? Or the starting of two songs to get levels right? Or the two cameramen we had there to get live photos/video of the show for our website?

 

If we ever play there again, (A) the price is going up, and (B) they're signing a contract. I don't like contracts for local venues because they're usually regular gigs and everything's copacetic (plus, the guitarist's day job is selling these places ad space in our town's alt. weekly, so he knows these guys fairly well), but my policy is changing on that very quickly.

[JMcS]

Go after the booking agent for the rest. You had some kind of agreement with him, maybe it qualifies as a contract.

[JeffLearman]

Go after the venue, not the booking agent, in small claims court, if someone has the time for it. The biggest issue there will be lack of a written agreement. See if you can find any kind of proof about the booking. In fact, you can use the booking agent as a witness. ;-)

 

Do that only if you never want any gigs at that venue, of course.

 

The agent isn't really responsible, acting as an agent of the venue. It's the venue's responsibility. They fired the booking agent; they didn't renegotiate all the deals. If there had been a contract, it would have been with the venue, not the agent.

 

But yeah -- not figuring it out for all that set-up time ... sheesh!

 

BTW, accepting 1/5 of your pay doesn't let them off the hook, unless you also gave them something to which they weren't already entitled.

[marino]

Urrgghh. Sorry to hear that.

 

 

[AnotherScott]

That is strange. If they fired the booking guy a month ago and expected him to cancel all the shows, it sounds like they no longer were going to be having live music. In that case, you'd think that, when you showed up, someone would have noticed a band and said, to someone, "hey, what's this? we don't have live music here anymore..."

[Cygnus64]

If we ever play there again,

 

Ummm, Here's some unsolicited advice.........

 

DON'T EVEN CONSIDER STEPPING FOOT IN THE JOINT.

 

Thanks for your time.

[allan_evett]

....

 

Five minutes to downbeat -- we're sound-checked, cables are taped down, stage door is locked, lights are on, and we're getting our last-minute beverages -- the guitarist finds us, and says, "pack it up; we're going home."

 

 

More annoying than losing money, time, and an opportunity to play, is that we were informed of this after 90 minutes of setup. How did you not notice the copious amounts of musical gear being brought in through your front door? Or three guys going "check, check" into a PA system? Or the starting of two songs to get levels right? Or the two cameramen we had there to get live photos/video of the show for our website?.....

 

 

What a shame.

 

Not telling all of you, right when you started loading in, is what makes the least sense here. Even if the owner didn't happen to be on premises, I would think that at least one club employee would be aware of the circumstances. I've only had this sort of thing happen once, and we were stopped right away at the beginning of load-in; the server's response was something like ' Oh, we have a band tonight ? ' , and things went from there. At least we didn't have to waste time setting up, sound checking, etc.. To have a full production moments away from occurring, and then having someone pick up on the problem, is absurd.

 

Guess all of our gizmo's with calendars, email, and texting - i.e. instant communication capability - can't teach us true communication and civility

 

[MoodyBluesKeys]

My policy with deadbeat clients was to require CASH, no checks, and ALL OF IT before I would walk back in the joint.

 

Those bozos should have to pay you before you start setting up, if you ever agree to do a gig there again.

 

Also, there would be no discounted rates for them - ever.

 

[Jason Stanfield]

I'm all about 2nd chances, but not thirds.

 

I'll giving the venue manager the benefit of the doubt - this time; I'm not going to try to take them to court (no written agreement) nor cut them off or badmouth them to other musicians in town. Who knows, maybe they'll get a better system in place, or better management - these places change managers like underwear.

 

We will push for a contract next time they call; we've got one that's fairly simple and attorney-approved, so it's airtight. If they pull this again with a signed contract, they can be taken to small claims court, and there will be no problem collecting -- then never playing (or eating, drinking, hanging out) there again.

 

Besides, there are not too many venues in town, so we don't have the luxury of burning bridges (or letting them burn).

[Jason Stanfield]

That is strange. If they fired the booking guy a month ago and expected him to cancel all the shows, it sounds like they no longer were going to be having live music. In that case, you'd think that, when you showed up, someone would have noticed a band and said, to someone, "hey, what's this? we don't have live music here anymore..."

While we were tearing down, the guy that was "really" booked showed up and had to wait for us to strike the stage, so they're still a live venue.

 

They did tell us that they had to cut back on bands and were booking cheaper solo & duo acts during slower winter months. Perhaps this was one of the reasons the booking guy was fired - he was costing them too much. Or maybe it was a way to cut down on expenses; lay off a couple people, stop paying thousands every week for entertainment, etc.

 

Sadly, a lot of places around town are doing that ... anyone with an acoustic guitar can get a gig doing the same ol' stuff as the fifty other acoustic solo acts in town, and bands are finding it harder to get steady work. Hopefully, it's just a seasonal thing.

[J. Dan]

Yeah, it's more often been the situation that 2 bands show up for the same gig - that's where a contract can be helpful. Even if you'd never sue, if one band has a contract and the other doesn't, guess who's playing? If you both have contracts, then the first one signed. If neither has contracts, usually the first one set up - but in your case, not so much.

 

I've never been canceled AFTER setting up, but we've had short notice cancellations. If there's not a good explanation or it happens frequently, we usually will just not play there anymore, but we've also required 50% deposits before confirming the gig.

[Michelle ggurl]

Must be somethin' in the bottled water bookers are drinking. MY gig for last Saturday was cancelled too. In my case, drummer saw their live music schedule on their website and that we weren't on it but someone else was. I inquired and found out the owner, who sold the place late last year, "forgot" that HE offered me a regular gig ... Details were hazy so part of it was my bad for not verifying this last date, but I had played two dates already on this arrangement with very little communication (partly because he didn't always answer emails during the time when he was removing himself from the biz). He offered to give me a list of dates available, but I made my displeasure known so it's unknown whether he'll offer any (and at this point I'm like "meh."). Basically, though, in my case, I see no need to press the issue for various reasons, but then again I discovered this 5 days before the gig. It's crazy that you got cancelled after setting up and sound checking. Sorry to hear that.

[Musicale]

Reminds me of the time we were booked to play a big, very big ethnic wedding. I think it was Armenian or something. We show up and set up. All along there is also an ethnic band setting up as well. I think we started and then at the same time the ethnic band starts as well. Huge fight breaks out, bride wanted us, groom wanted them. Shortly after we were sent packing, with full pay. Unforgettable.

 

Regards,

[Michelle ggurl]

Wow, I wonder how that marriage worked out, lol.

[Jazz+]

What's the name of the place? I would not bother taking it to court, c'est la vie.

[HammondDave]

I would have taken my sweet time striking the gear and making the club wait for the other band to set up....

 

Again, typical Club Manager Bullshit... they will never sign a contract because they don't have to. Still yet another reason I retired from playing clubs. Thanks for reminding me...

[Jeff_D_in_MD]

I would have started playing the set and forced the club to pull the power.

[DanL]

I would have taken my sweet time striking the gear and making the club wait for the other band to set up....

 

Again, typical Club Manager Bullshit... they will never sign a contract because they don't have to. Still yet another reason I retired for playing clubs. Thanks for reminding me...

 

That's what I would have done too, take my time breaking down.

 

Still, the whole situation stinks, like others have said, it's not like someone from the club knew the band was cancelled and could have told them when they got there, or better yet, called ahead of time.

[Lord_Nord]

We will push for a contract next time they call; we've got one that's fairly simple and attorney-approved, so it's airtight.

 

Hey would you mind sharing a copy of your contract so we could all take a look at what "airtight" means exactly? Maybe we could all benefit from doing the contract thing.

[HammondDave]

We will push for a contract next time they call; we've got one that's fairly simple and attorney-approved, so it's airtight.

 

Hey would you mind sharing a copy of your contract so we could all take a look at what "airtight" means exactly? Maybe we could all benefit from doing the contract thing.

 

Unless you are talking about a well respected club with a corporate backing, you can forget about them signing any agreement.

[Delaware Dave]

Unfortunately, shit does happen..... We played a gig several years ago and we are about 15 minutes from down beat and wondering where the hell our guitar player was. All of a sudden the bar manager comes over and tells us to pack up. We asked why and he told us that our missing guitar player just called and was on his sailboat and completely forgot about the gig and was partying about 100 miles away and he cancelled the gig. Never called us, just called the bar directly. We were pissed and the bar was pissed (so were about 100 people at the bar). Shit happens .....

[Bill H.]

It sounds insane but I can actually see how this could happen and not be the fault of the club. In all the places I work, the manager or anyone who would know anything doesn't show up until shortly before I start. In the early evening, the clubs are staffed by a junior bartender or two who wouldn't have a clue. The seniors on the staff (who might know something) all want the music shift because that's where the tips are, and the manager (who is going to be in there doing books until 4am) often doesn't even come in until after I start.

 

If the fired booking agent does other rooms too he absolutely should have told you. If he just booked that specific room he still should have told you, but may have been too pissed off to do so. It's just a weird set of circumstances.

 

I do a lot of stuff around here without a contract, but when that's the case I always call a few days before the gig just to make sure I'm still on. It's just one of those things you have to do if that's the way you work.

 

 

[MonksDream]

This is just par for the course, IMO. The part that's most annoying is not being informed beforehand nor paid what you were expecting. I don't know that it's worth the trouble of going after them for the rest of the money.

 

The only time it happened to me was for a large film festival sponsor gala. We came in and soundchecked in the afternoon then went home to eat and change. I get a call at 7:00 saying that the sponsor had seen, not heard, our setup and thought it LOOKED too loud and that they wanted us to tear down and for the sound company to remove all the staging and PA before the event started. They expressed their apology in the form of a cheque for our entire fee and invited us to stay for the party. Welcome to show biz!

[Josh Paxton]

Reality check: as long as the club has access to a sufficient pool of bands willing to work without a contract, why would they bother with one that demanded it? Cutting your losses might be better than putting more time and energy into something that won't end up paying off.

 

My worst cancellation happened in the days before ubiquitous cell phones, with a band that was so dysfunctional, I refused to ride in the van with them on road gigs; I would drive myself instead. Before leaving for this gig, I checked in with the manager to make sure everything was good (it was), then made the six-hour drive to the venue, walked in and said, "Hi, I'm the keyboard player with Dicktard and the Imbeciles*." The guy in charge said, "Dicktard and the Imbeciles? Why those assholes cancelled on us two hours ago!" So I found a phone and called Dicktard (the manager), who was mysteriously not picking up, even though he had one of those fancy new cell phone things. In fact he didn't pick up the entire night. The people at the venue were sympathetic to my plight, and joined me for a heartfelt round of Dicktard bashing, but couldn't help me. I ended up getting a hotel room on my own, then sitting in with the cheesy local band that replaced us, just because it was slightly more fun than hanging out in my room alone.

 

When I finally got Dicktard on the phone again, he refused to pay me a dime, for the cancelled gig or for the room, because I "could have" just driven back home. (Six hours, starting at 10 PM, after having just driven six hours to get there. Right.) Needless to say that was the end of our association for quite some time.

 

 

*Not the band's actual name, though it is an accurate description.

[Josh Paxton]

the sponsor had seen, not heard, our setup and thought it LOOKED too loud and that they wanted us to tear down

 

Was the sponsor a

by any chance?

[Michelle ggurl]

Wow FunKey, that is a crazy story. The guy told you everything was on and then miraculously events unfolded such that they cancelled? And didn't tell you?

 

If you're talking to them at ALL anymore you're a better person than I.

[Jeff Klopmeyer]

Five minutes to downbeat -- we're sound-checked, cables are taped down, stage door is locked, lights are on, and we're getting our last-minute beverages -- the guitarist finds us, and says, "pack it up; we're going home."

 

That is complete bullshit. I would never, ever consider playing there again.

 

I also find that their excuse regarding the former booking agent to be very suspect as well. I think they just didn't want to pay your full fee and waited to see what kind of crowd you'd bring in before pulling the plug. What a bunch of jerks.

[Adan]

I can't say I've had a cancellation happen that late in the, though it's quite possible I did and I'm just suppressing the memory of it. But I've experienced just about every other f'd up thing in the book. I'm with those who say "roll with the punches," because what other choice do you have. But with the bands I've been in the last several years, it seems we've all been very diligent with our safe booking practices.

 

Never trust that the booker is giving you the true scoop, always looking for independent confirmation. Most places have a website. Voila. But if you're playing places that don't have a website, then you're kind of off-the-grid and have to get a little creative.

 

Usually, if there's a place I play regularly, I'll try to drop in at strategic times, have some grub and a drink, and chat up the owner (a strategic time would be when you know he/she is there). Drop a comment about your pending gig. Ask them how they're feeling about their current music lineup. You can learn interesting stuff this way, like of the owner bitches about how this or that band is too loud or plays too much of the wrong material.

 

Of course, none of this applies if the joint isn't local for you.

 

 

[J. Dan]

Reality check: as long as the club has access to a sufficient pool of bands willing to work without a contract, why would they bother with one that demanded it? Cutting your losses might be better than putting more time and energy into something that won't end up paying off.

 

It's not that big of a deal to sign a contract if you plan to adhere to it. It's not like it's some PITA to put your John Henry on a piece of paper. If someone is unwilling, that's a huge red flag - why not? Just by virtue that they refuse is advance notice to run away and save yourself from these kinds of situations.

 

BTW - samples of our contract and Tech Rider. We're meeting later this week to draft a rider for out of town gigs that includes rooms, food, etc.

 

Note: terms of the contract such as amount of deposit, what is supplied by whom, etc. are modified depending on the gig.

[Dave Ferris]

Somewhat ot but the basic principle still applies...

 

http://www.youtube.com/watch?v=UCKP-FCZZqY&feature=related