Once You Eat the Steak, You Need To Pay for the Meal
I have a tribute show and an agent hired me to perform at the venue. I have a signed contract. I did the gig and they did pay for the expenses of my band travel and hotel transportation, but the payment of the band was to be made 3 days after the show. The next day they called me and said that the show was a piece of crap that they want their money back. What is the best way to resolve this issue? I have called them and no response? What do you recommend will be the next step for me?
To paraphrase Judge Judy (who also happens to be on my wish list for the U.S. Supreme Court): “Once you eat the steak, you have to pay for it.”
I love the fact that you have a signed contract. Too many artists don’t even have that. In this case, unless your contract made payment contingent on the venue being satisfied with your performance (which I can’t imagine as that would be insane), then the venue is paying for your services, not your quality. If you provide services and a venue accepts those services, then they have to pay regardless of how crappy your performance may or may not have been. (And there are a lot of crappy performances out there!) Even if you did not have a signed contract this would still be the case. Legally, if Person A knowingly allows Person B to perform or provide services, then this creates an “implied contract” whereby Person A is legally required to pay Person B.
The problem with any contract, signed or implied, is enforcement. Just because someone is legally obligated to do something doesn’t mean they will. That’s what a breach of contract is all about. A valid, enforceable contract merely gives you the right to go before a judge, present you case, and, if you win, have the judge enforce it. Short of that, it merely give you the right to enter into a spitting contest.
You don’t indicate in your question whether “they” refers to the agent or the venue. If the agent isn’t returning your calls, call the venue. If it’s the venue, call the agent. In these situations, you also want to do more than call. Send emails. Send letters. Send letters as attachments to emails. Do whatever it takes to make a pest out of yourself. If either the agent or the venue threatens to “ruin your reputation” or other “bad publicity”, ignore them—if either one had that kind of influence they wouldn’t have stiffed you in the first place. Threatening “bad publicity” to resolve an issue is always an act of desperation by people who are actually incapable of doing so.
Whether or not it’ worth filing a lawsuit depends on how much you are owed. Some amounts are just not worth the time and cost. Some courts offer a “small claims” option with less time and cost. Regardless, while it’s not always possible, in the future always try and negotiate a deposit or, at the very least, payment immediately after the concert.
THE OFFICIAL LEGALESE:
THIS IS NOT LEGAL ADVICE!
The purpose of this blog is to provide general advice and guidance, not legal advice. Please consult with an attorney familiar with your specific circumstances, facts, challenges, medications, psychiatric disorders, past-lives, karmic debt, and anything else that may impact your situation before drawing any conclusions, deciding upon a course of action, sending a nasty email, filing a lawsuit, or doing anything rash!