# Gig cancelled while setting up. What to do???



## Antz_Marchin (Mar 31, 2006)

Hey guys, looking for some advice from some of the gigging vetrans out there. I'm in a 3 piece acoustic band and we have been playing 3-5 gigs weekly since May of this year. We always draw a big crowd and never have any issues getting gigs. Overall I'd say we are pretty laid back and accomodating about double bookings or the other odd honest mistake made by the bars we frequent.......here's my issue, (bit of a long story:smile:

We booked 3 gigs (1 in Oct, 1 in Nov, 1 in Dec) with a bar in early September. We played the first gig in October and it went well with a good crowd. 24 hours before the gig in November, the manager called us to inform us that we have been bumped because the GM of the chain wanted to try his friends band that night. We were ticked off as the notice was insufficient to say the least, but didn't make a big deal of it. We confirmed 2 weeks ago with the manager that our Dec 28th gig was still a go (just in case) and she said "yes absolutely, I can't see any reason why it would be cancelled but if by chance it is, you'll get a weeks notice". 

So we show up tonight, half way through setting up the "acting manager" (waitress) tells us that the manager is away for the Christmas break and the new GM doesn't want to pay for bands anymore so we should stop setting up and head out. The best part of this part is how she made her way to the stage with 3 bouncers to scare us out....haha. We are still listed on their website as playing tonight and didn't receive any calls/emails/texts to cancel us. Our drummer and bassist had a 30 minute drive into this gig and to make matters worse, we turned down an offer for another really good gig 2 weeks ago cause we were already booked at this place. Now they have crossed the line as far as I'm concerned. Has anybody else had any experiences of this sort and what can be done about it?? Any advice would be greatly appreciated :food-smiley-004:


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## shoretyus (Jan 6, 2007)

Easy Small claims court. Good the 5k's. Cost's $75. Or a Lawyers letter but they cost the same.


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## NB_Terry (Feb 2, 2006)

Asking for half the money for the gig you showed up for isn't unreasonable, especially if you tell them you could have had another booking that night.

I was in a band where the leader took the manager to small claims court for the exact scenario you're in. He won the case, but most of the managers of the good clubs in the city blackballed him afterwards. The choice is up to you.


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## Antz_Marchin (Mar 31, 2006)

Thanks for the replies guys. We tried to ask for half, they refused and said there's nothing we can do, we're sorry that you could have played somewhere else. Their apology does us no good obviously. I think we'll go the small claims route. As far as being blackballed, as a band we have become close with the managers of the other 5 bars we play frequantly in the area and they would have no issue with us doing that (especially to this bar...haha). When I told a couple of the other bar owners/managers what had happened the first time around here they said I was crazy for not going after them right off the bat.


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## shoretyus (Jan 6, 2007)

Good for you. Don't let them push you around. It's a chain to. Everybody is passing the buck. You aren't a min wage teenager. Write every thing down NOW all of you. Get a copy of the webpage to while it's still up. Mail it around so it's date stamped. Any posters kicking around? 

It may be a good time to either send an invoice to them to. Hell send one to head office too. Get your free half hour with a lawyer while your at it. 

I would go for $$ for both gigs. It's GM that's the problem.


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## Mooh (Mar 7, 2007)

shoretyus has good advice.

There are some band-friendly lawyers around too, it shouldn't be very expensive.

Good luck.

Peace, Mooh.


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## zinga (Apr 22, 2007)

*what to do*

I have been there done that, remeber you are a biusness, so what you do is you draw up a contract ,with all the info about the gig the money the time to start and break times ect, and anything eles you can think of. you sign it they sign it .I know it sucks to do this but you do weed out the shit heads.


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## Guest (Dec 29, 2007)

Ugh. Sucks man. I, like zinga, have started using a simple contract over the years. Especially for repeat bookings. I figure the first appearance, if I get bumped, is fine. I'll eat the loss once but don't expect me back.

I had an acquaintance who's a lawyer draw up my contract that I use. It's very straight forward. Basically 72 hours notice to cancel for free, after that it's 50% of the agreed upon fee or $200/member -- which ever is greater. That covers me for pay-at-the-door gigs where I'm taking the cover for the night.

It's also a good way to separate the lousy bars from the good bars. A well run bar with a good GM won't mind signing the contract. The sleazy MoFo's all put up a fuss.

You could also join the union. This is the sort of stuff the union is supposed to help you with. They have boilerplate contracts available to members. They'll help you if you get cancelled and the bar refuses to pay. Of course: you can only play union gigs then which may be limiting.


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## Guest (Dec 29, 2007)

Getting a lawyer and such is a waste of time and money... 

The best thing to do is never go back.... and tell every other musician you know not to deal with them.

You may discover that YOU'RE the only ones they treated this way... and maybe they were trying to tell you something.


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## Robert1950 (Jan 21, 2006)

ClintonHammond said:


> GThe best thing to do is never go back.... and tell every other musician you know not to deal with them.


There are are always gig hungry newbies who will play for nothing - they won't have a problem

Read how the first gig went - I don't think it was them.


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## Mooh (Mar 7, 2007)

"...and maybe they were trying to tell you something." ClintonHammond.

You may be right Clinton, but what a crappy way of saying shove off, though not out of the way for some clubs. A little respect goes a long way.

Such scenerios are the cost of doing business in the music industry, from small time to big time. No notice, rubber cheques, short pay...but if the band takes the higher ground, at least they save their own reputation.

Peace, Mooh.


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## Milkman (Feb 2, 2006)

The name and location of the bar please?


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## Guest (Dec 29, 2007)

Milkman said:


> The name and location of the bar please?


That was my first thought as well. Maybe we need a locale review thread?


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## Antz_Marchin (Mar 31, 2006)

Milkman said:


> The name and location of the bar please?


Hey, it was the Honest Lawyer in St Catharines. Like I said we play lots of gigs in the area and have become pretty well known with the Brock University bar crowd and we fill all the bars we play so it's definitely not us. I also played early evening solo gigs there bi-weekly there too for 5 months (that they asked me to do after hearing the band in the summer)and never had an incident in 10 gigs. 

I talked to a guy last night who has been playing for 30 years and he runs a local open mic. He told me that he has a buddy he's gonna hook me up with who has gone to small claims court for stuff like this 8-10 times and never lost. To make it worth our while, i'm gonna go after the first gig too that we were gonna let slide in the spirit of being reasonable/nice which I guess we won't do again. I did a screen capture of their website last night which stupidly on thier part still has us listed for our Nov. and Dec. gig.


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## fraser (Feb 24, 2007)

hey, i recall that bar pulling a similar stunt some years back on a friend of mines band. although its likely under different management by now. a shame cause that place attracted some big crowds.


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## shoretyus (Jan 6, 2007)

It sounds like the Gm is trying to shine his star. They think of only on how to cut cost rather that trying to pull more people in because that is the easiest thing to do and requires no actual real work on their part. 

A side note. I had a conversation with our local bar owner. We play there regularly and host a weekly Jam there. She used to hire a Dj to cover some weekends. She has since started to do it herself and she figures that she is saving $17000 a year. She is in a unique situation. Being a northern bar people come anyway. It doesn't matter much if there's a band or DJ. 

Glad you are finding your way on this issue.


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## danbo (Nov 27, 2006)

I'd drive by around 4:am & heave a brick thru the front window! :banana: :food-smiley-004:


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## danbo (Nov 27, 2006)




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## allthumbs56 (Jul 24, 2006)

That sucks Antz. About what you'd expect from a place called the "Honest Lawyer".

Anyway, I live in the area - PM me your gig schedule - love to come and check you guys out sometime.


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## david henman (Feb 3, 2006)

danbo said:


> I'd drive by around 4:am & heave a brick thru the front window! :banana: :food-smiley-004:


...i have entertained many similar fantasies :smile:!!!

one time i got ripped off by the son of a mafia don in montreal.

i arranged a false business meeting at the ritz carlton and confiscated his brand new and very expensive car, pending full payment.

he ended up thanking me for teaching him a lesson.

i handled it in a thoroughly professional manner, and never lost a minute's sleep wondering if his dad would come after me.

another time i found a brand new air conditioner in an upstairs room, when the manager stiffed us after one set.

on yet another occasion a club owner in montreal west tried to withhold money. in the bar at the time were sailor white and his brother, two rather large wrestlers from newfoundland who had befriended my band.

they had a few choice words with the owner, and everyone lived happily ever after.

-dh


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## danbo (Nov 27, 2006)

Atta boy! It's amazing what knuckles can do, when words run out! :smile:


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## Wild Bill (May 3, 2006)

Milkman said:


> The name and location of the bar please?


This is an excellent idea! If we had a thread or posting area of "bad clubs" then artists could avoid them.

There might be legal issues but like the law says, it ain't libel if it's true! Besides, a club could get delisted simply by resolving the conflict.

Landlords share "bad tenant" lists. Why not musicians?


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## david henman (Feb 3, 2006)

danbo said:


> Atta boy! It's amazing what knuckles can do, when words run out! :smile:




...never, ever resorted to that. 

and never will.

-dh


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## david henman (Feb 3, 2006)

Wild Bill said:


> This is an excellent idea! If we had a thread or posting area of "bad clubs" then artists could avoid them.
> 
> There might be legal issues but like the law says, it ain't libel if it's true! Besides, a club could get delisted simply by resolving the conflict.
> 
> Landlords share "bad tenant" lists. Why not musicians?



...okay, i'll go first: the el mocambo.

problem is, it has probably gone through several dozen changes in management since i got burned in '02.

-dh


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## danbo (Nov 27, 2006)

1902? :smile:


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## allthumbs56 (Jul 24, 2006)

Article in today's local paper states that the club in question has closed it's doors as of January 1st. 35 employees on the street.

You can get in line but it doesn't look like you'll have any recourse, unfortunately.

http://www.stcatharinesstandard.ca/ArticleDisplay.aspx?e=843036&auth=DON+FRASER


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## Antz_Marchin (Mar 31, 2006)

allthumbs56 said:


> Article in today's local paper states that the club in question has closed it's doors as of January 1st. 35 employees on the street.
> 
> You can get in line but it doesn't look like you'll have any recourse, unfortunately.
> 
> http://www.stcatharinesstandard.ca/ArticleDisplay.aspx?e=843036&auth=DON+FRASER


Haha, nice.....well they deserve it. Guess we may not get our money (but a little satisfaction maybe...haha). Not sure if still trying for it but going after the corporate name "Honest Lawyer" would work. Thanks for the message allthumbs. Oh and I just saw your other post, we're playing at Sheehans every Saturday night and the Fridays we are just working on booking now.


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## WarrenG (Feb 3, 2006)

Justice!

BTW Antz, how's that acoustic guitar coming along?


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## Antz_Marchin (Mar 31, 2006)

WarrenG said:


> Justice!
> 
> BTW Antz, how's that acoustic guitar coming along?


Hey Warren, I was playing about 4 gigs a week plus doing 5 masters courses last term so it hit a pretty big snag in September just as far as a llack of time to dedicate to it. I'm just getting back into it right now as I finished my masters just before Christmas. Have to cut the blocks and hope to have the box together in the next week or so. Then it's time for the neck  

I must admit it's a tricky exercise with no hands on instruction for the first one, I'm getting it but some of the steps are quite intimidating to just jump into without any guidance. Those damn blocks and the little angles keep worrying me for some reason, I bet it's not as tricky as I worry that it is. Just going on a couple books and the good old internet :smile: so far so good (I hope.....haha).


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## WarrenG (Feb 3, 2006)

Antz_Marchin said:


> I must admit it's a tricky exercise with no hands on instruction for the first one, I'm getting it but some of the steps are quite intimidating to just jump into without any guidance. Those damn blocks and the little angles keep worrying me for some reason, I bet it's not as tricky as I worry that it is. Just going on a couple books and the good old internet :smile: so far so good (I hope.....haha).


The blocks aren't so bad if you have sanding dishes with the appropriate radii (i.e. 15' - back and 25-28' - top). However, I find routing the binding/purfling slot a harrowing experience.


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## NB-SK (Jul 28, 2007)

allthumbs56 said:


> Article in today's local paper states that the club in question has closed it's doors as of January 1st. 35 employees on the street.
> 
> You can get in line but it doesn't look like you'll have any recourse, unfortunately.
> 
> http://www.stcatharinesstandard.ca/ArticleDisplay.aspx?e=843036&auth=DON+FRASER


Well, then. Antz has no reason not to sue them now.


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## shoretyus (Jan 6, 2007)

NB-SK said:


> Well, then. Antz has no reason not to sue them now.


agreed.... they are a all the same company.. they are still responsible for the debt. 

Not sure where you file either. I would start phoning around and see if they left a trail of debts behind too.


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