Make sure you always protect yourself.

cassanova · #1 12-25-2008, 12:18 AM

So I'm playing a private party out on Pine Island tonight when very near the end of the 3rd set the county sheriff's department shows up and shuts us down. I guess someone that wasn't invited to the party was bitter and called the cops. The cop was cool and all and even said he could barely hear the music from the road, but nonetheless had to shut us down. It sucks, but its a residential area right on a private beach so what can ya do?

The band leader that I was working for decided that since I didn't put in a full nights work that I shouldn't get a full nights pay. I agreed to do the job for $225, he only wanted to pay me $150.
The only words out of my mouth after that are "I'll be right back." I went to my case and got the contract he signed and pointed out that I was to make $225 for the job at hand. Long story short, it was very entertaining to watch him shake his head and ramble on about how uncool I am and what not as he counted out and placed $225 in my hand. When the transaction was complete, I simply and politely said that it was a pleasure working for them and wished him a merry Christmas.

Moral of the story folks. Always make sure you cover your ass and have some sort of binding contract to keep yourself from being screwed over.

T-Bird · #2 12-25-2008, 04:59 AM

Hi.

Well, with an username like Yours and a thread title like this one I kinda expexted another sort of a story

.

Contracts are good, saves a lot of grief in the end if the night doesn't quite go as planned.

Regards
Sam

AlembicPlayer · #3 12-25-2008, 06:01 AM

we have a winner!!
finally a post that isn't about getting ripped off.

nice job, and way to keep it pro, even when your employer did not.
It's up to us to teach employers how to do business with us, and you are doing just that. I thank you as a fellow working player.
Keep up the good business model!

ZeSharc · #4 12-25-2008, 11:03 AM

Role model material, right there. I'll be sure to draft my own contract, however simple.

Valerus · #5 12-25-2008, 12:03 PM

Owned. Good job for standing up for yourself.

stuonbass · #6 12-25-2008, 12:11 PM

You are to be commended, sir. A lesson to all.

If you are speaking of Pine Island in Hernando County, near Spring Hill, I have been there. I took my kids to the beach while staying with in-laws (they live in Spring Hill).

cassanova · #7 12-25-2008, 12:30 PM

Quote:

Originally Posted by stuonbass

You are to be commended, sir. A lesson to all.

If you are speaking of Pine Island in Hernando County, near Spring Hill, I have been there. I took my kids to the beach while staying with in-laws (they live in Spring Hill).

That'd be the place. Played about a mile up the road on a private beach but the public beach is extremely beautiful.

I see all the threads about how people get screwed, Fortunately, I can count on one hand the amount of times it's happened to me. Just kinda a public service announcement for the youngins.

The real ironic thing is, this guy seemed very professional the entire night.

Rattman · #8 12-25-2008, 12:36 PM

Man... great story, great ending.. excellent example to ALL of us..the simple "weekend warriors" or perhaps even praise team players.. well done, well done!!

bassmodder · #9 12-25-2008, 12:39 PM

Great story and a great reminder to all of us. However, I opened the thread expecting something sexual. I shall look elsewhere.

Rick Auricchio · #10 12-25-2008, 01:05 PM

Was the band leader planning to pocket the money he wasn't planning to pay you?

There should have been a contract between the band and the customer, so there should have been no question of the entire band being paid what was in the contract.

nsmar4211 · #11 12-25-2008, 02:44 PM

and FWIW, any gig near water may lead to being shut down even at low volumes....... Our halloween party we had complaints from several miles away!! Turns out the complainers lived across the river from the house we were playing at and the sound was carrying. Course, our opinion was "shut the windows!" but we turned down

.

Another river gig a friend on the other side and down a few miles told us he could hear enough of us to figure out who it was. But none of the neighbors complained

.

Depends on which way the wind is blowing...
Glad to hear you got your earned money! I won't play with one guy after getting 3/4 pay because HE gave the bar owner a deal after the customer turnout was low... Not my problem and I was a hired gun, didn't do a contract (had done several gigs with no problems with the guy), got screwed. That's ok, took my money and said thank you and didn't look back.... Contracts are good

.

debassr · #12 12-25-2008, 02:52 PM

The thing that I don't understand from many of the stories I see posted here is that many bands are just negotiating a flat rate. Around here, the norm seems to be a flat rate plus a portion of the door (usually ~20%).

Yes, the flat rate is usually low (around $200-300) but if there's a $10 cover and only a couple of bands you can easily make another couple hundred more bucks if the turnout is decent.

I realize this specific example was a private party but in general I see a lot of people here negotiating really low numbers and I think it's worth it to try to get paid a little better - for everyone's sake.

madbassplaya · #13 12-25-2008, 02:58 PM

very professional and very classy. thanks for that story sir.

IanStephenson · #14 12-25-2008, 04:42 PM

Quote:

Originally Posted by Rick Auricchio

Was the band leader planning to pocket the money he wasn't planning to pay you?

That's what I was thinking...

If the bandleader got paid a fixed rate, then why does it matter to him that you got to go home early.

If he got stiffed by the venue, then that's a different story (he's not the bad guy), and the whole band should have been backing him up to get full pay from the venue. If he got paid in full, then he's a jerk.

Adam Bomb · #15 12-25-2008, 09:05 PM

I too am disappointed. I thought that when you said, "I'll be right back," you were going to come back with a bat, or maybe a sawed-off. You know - Always protect yourself by bringing a bat to the gig.

But this is good too. Can anyone point me to some basic basic contract language that is field-tested and covers this situation and any other common wrinkles? I just looked real quick for a sticky in the Band Mgmt. forum, but didn't see one.

Good lookin' out, cassanova!

--Bomb

bassbully · #16 12-26-2008, 07:44 AM

Quote:

Originally Posted by cassanova

This may sound ignorant on my part, but I have no idea what the contract stipulation between the band and client were. The way I see it is it's his band not mine, I don't care what he and the client agreed to, I worry about what he and I agreed to.

However, I am thinking he either got paid before the gig or just happened to have a fair amount of cash on him, because I was paid rather quickly after the deputy shut it down. I'm leaning more towards the he was paid in full aspect and was planning on pocketing the money.

I am with you. You had an agreement and contract. Who cares what he had to work out with the person who hired him or what the bandleader was paid. Its like the old bar band scene where the manager or owner wants to cut the amount they state they will pay at the end of the night due to poor alcohol or food sales. Its not the bar bands fault sales sucked. If the band did their job and held up their end without a contract they get stiffed. You were prepaired and stuck it to him....good for you!

Eric Morgan · #17 12-26-2008, 07:51 AM

Good for you. I'm sure he got the full night's fee prior to the start of the gig so why shouldn't you get what you were contractually promised...however "uncool" it is.

Maybe he is the one who called the cops to increase his profit margin!

Be well.

cassanova · #18 12-26-2008, 01:59 PM

Quote:

Originally Posted by IanStephenson

If he got stiffed by the venue, then that's a different story (he's not the bad guy), and the whole band should have been backing him up to get full pay from the venue. If he got paid in full, then he's a jerk.

I meant to ask you this in my last post but for some strange reason I forgot to. What makes him getting stiffed by the client a different story. I still would have wanted and expect the full $225 as per our written agreement.

Quote:

Originally Posted by Adam Bomb

Can anyone point me to some basic basic contract language that is field-tested and covers this situation and any other common wrinkles? I just looked real quick for a sticky in the Band Mgmt. forum, but didn't see one.

I got my information on contracts some years back from a book I found at the public library. The language was pretty basic and I more or less took what was in the book and made it mine. The name of the book IIRC is "Getting the Gig" or "Paid to Play." Next time I go up to the library I'll try and find a copy of it and let you know what the exact name of the book is.

cassanova · #19 12-26-2008, 02:03 PM

Quote:

Originally Posted by nsmar4211

and FWIW, any gig near water may lead to being shut down even at low volumes....... Our halloween party we had complaints from several miles away!! Turns out the complainers lived across the river from the house we were playing at and the sound was carrying. Course, our opinion was "shut the windows!" but we turned down

.

The only water behind us was the Gulf of Mexico, so unless they could hear us in parts of Texas or Mexico I can see that. We weren't even given the option of turning down. We were told "Sorry guys I gotta shut you down."

debassr · #20 12-26-2008, 02:20 PM

Quote:

Originally Posted by cassanova

The only water behind us was the Gulf of Mexico, so unless they could hear us in parts of Texas or Mexico I can see that. We weren't even given the option of turning down. We were told "Sorry guys I gotta shut you down."

Most cities offer permits for live music. All you have to do is ask. Also, there are usually ordinances about sound levels and before anyone can legally shut down a performance (assuming all other laws are being abided) they usually need to measure the dB level and show proof that it is above a certain level at a certain distance. Typically a permit allows a higher sound limit than without so it makes sense to get one.