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Bar Manager Refused to Pay Us! Now what?

In a perfect, just world this is 100% true. In the real world it's absolute nonsense. While it SHOULD work that way, it simply doesn't.

'Absolute nonsense'? No. But you're right, it's damned unlikely - although I have known some bookers who would. My point was that the bar manager *should* have paid the band - it's why I emphasized the word 'should'. In reality though, I'd have used that as a starting point to sort out some kind of payment (of course, looking back at the OP's post, I can't see why it would have been too big of a deal to get the drummer to just sit the set out and improvise around the existing set so as to keep the venue happy and the pay-cheque safe ...).

There's a lot of talk here about being professional/unprofessional, and yet there's also a lot of talk about letting it go and forgetting the money. Who runs a business like that?!?
 
Then when their band goes to play a bar, they get the same mentality - the people coming to see them play are paying for the privilege of seeing them play live music. This is only true in 1% of the cases. If a band is booked by a bar to play, the band is not the reason for the show. The bar generating income is the reason, and they are willing to share some of that income with the band for providing this service. The better the band, the more people might come listen and the more money the bar makes - which then in turn means the more money a band can make.

Another thing is to bring your own crowd - bars like that. You're bringing *them* business. They know if they hire you, there will be people in there paying for drinks and food. If you bring no people, and play too loud (or badly, or offend people, or play the wrong style of music for the establishment) then the bar makes no money, and the entire reason to book you as a band is gone.

Once a band realizes that the gig they are planning and are all excited about playing is NOT about them, then it's easier to assume the role as "entertainer" and just do your job.

(and as a followup to this - if you do this well, and the bar owner likes what you do for him - you could be on a regular rotation at the bar playing there every month. Do this at 4 different area bars, and you can get regular paying gigs every weekend. Then it snowballs - you start to get hired to play private events, and get known in the town a little, and then you play larger town events - fairs, etc - and pretty soon you're turning down offers to play b/c you're booked solid. It all starts by being professional, and recognizing your role.)

+1.

Although we haven't hit the big time, we started in mid 2007 playing once a month. When booking for 2008, our local bar, kind of a home base for us, asked us to play twice a month, and gave us a raise. We always bring friends and family. The bar told us we were #2 in sales of all the bands that play there. We're hired to entertain so the bar can make money.
 
Once again Dave comes through with a true pearl. Taking a venue to court over breach of contract leaves your band's rep in the clear (somewhat) and there also may the the bonus of punitive damages being levied- leaving no room for someone to get half a night's work out of you for free.

Yeah, it leaves your band with the rep that you're difficult to work with if you don't get 100% of what you're promised every time.

That's a nice dream to have, but I've rarely found that happens.

Good venues understand the give and take and relationships can be developed and appreciate in value as that comes and goes. Over time there were places I would move a mountain for because they did what they could and treated us well as often as they could. Other places I wouldn't knock over a free glass of water on if it were on fire.

First course of action is to fire the drummer. He cost you a gig. The most give I would consider is having him reimburse the band from out of his own pocket. Give him a choice but you NEED to make an ultimatum.
 
There's a lot of talk here about being professional/unprofessional, and yet there's also a lot of talk about letting it go and forgetting the money. Who runs a business like that?!?

Well, since the problem was caused by the OP and his band it is up to them to make amends.

I have gone to a restaurant, ordered a steak and received it cooked wrong. It was still good so I ate it. The server was bringing me the ticket and asked how it was. I told her it was fine but not cooked how I ordered. I was not complaining, I just mentioned it. She (not I) went to the manager who insisted that I get my meal free.

That was great customer service and has become one of my favorite places to eat because of it. (No, no more free meals, just great food and service).

All the manager did was ask the OP and his band to turn down. The OP admits the band did not significantly comply.

They erred.

They erred so badly this guy wouldn't pay them.

If you went to a restaraunt, ordered a steak and they would only serve you a dirt sandwich would you pay?

The band needs to make amends or at the very least drop it and learn better customer service. Either that or quit playing so they quit giving musicians with self respect and respect for others a bad name.

Simple.

:D

Joe.
 
'Absolute nonsense'? No. But you're right, it's damned unlikely - although I have known some bookers who would. My point was that the bar manager *should* have paid the band - it's why I emphasized the word 'should'. In reality though, I'd have used that as a starting point to sort out some kind of payment (of course, looking back at the OP's post, I can't see why it would have been too big of a deal to get the drummer to just sit the set out and improvise around the existing set so as to keep the venue happy and the pay-cheque safe ...).

There's a lot of talk here about being professional/unprofessional, and yet there's also a lot of talk about letting it go and forgetting the money. Who runs a business like that?!?


That's an excellent question... now aim it at the band.
:D

It was apparently too big a deal for them to actually do what they were hired to do. What business would expect to get paid under those circumstances?

I honestly think this thread breaks down into two camps, those who actually gig and have a clue and those who for whatever reason simply don't get it. Most likely some of the latter will take offense at that observation too. That won't help them on the road to getting a clue but hey, if everyone acted professionally there'd probably be less work to go around:D

There was no legitimate reason why they couldn't meet the manager's request. None. And since that amounts to the same things as refusing to do what you're hired to do, in what other professions can you get away with that?

"You made it clear what you wanted, we decided to do what we wanted instead... now pay us".
:hyper:

Unless the band is called "Los Cojones Grande" and that's their schtick, I don't see it flying.
:cool:
 
Well, since the problem was caused by the OP and his band it is up to them to make amends.

I have gone to a restaurant, ordered a steak and received it cooked wrong. It was still good so I ate it. The server was bringing me the ticket and asked how it was. I told her it was fine but not cooked how I ordered. I was not complaining, I just mentioned it. She (not I) went to the manager who insisted that I get my meal free.

That was great customer service and has become one of my favorite places to eat because of it. (No, no more free meals, just great food and service).

All the manager did was ask the OP and his band to turn down. The OP admits the band did not significantly comply.

They erred.

They erred so badly this guy wouldn't pay them.

If you went to a restaraunt, ordered a steak and they would only serve you a dirt sandwich would you pay?

The band needs to make amends or at the very least drop it and learn better customer service. Either that or quit playing so they quit giving musicians with self respect and respect for others a bad name.

Simple.

:D

Joe.

re: dirt sandwich. That's different because... well, yeah, that's them.:smug:
:D

Say you get hired at Pizza Hut. They want you to make pizzas, you decide you want to make pirogis instead. The manager asks you to stop doing that and make pizzas. So you make another pirogi. He asks again, you acknowledge... and make one more pirogi. He tells you this isn't working, you're fired.

You ask for your pay.
:mad:

Meanwhile, in the real world, we're like this.
:D:D:D
 
re: dirt sandwich. That's different because... well, yeah, that's them.:smug:
:D

Say you get hired at Pizza Hut. They want you to make pizzas, you decide you want to make pirogis instead. The manager asks you to stop doing that and make pizzas. So you make another pirogi. He asks again, you acknowledge... and make one more pirogi. He tells you this isn't working, you're fired.

You ask for your pay.
:mad:

Meanwhile, in the real world, we're like this.
:D:D:D


DOH!
:eek:

But...but...I LIKE pirogi!

Bwahahaha

:D

Joe.
 
OP -

If the venue contacted you with a request to play - which they did - they should have had an idea of the kind of band you are, right? It's the promoter/bar manager's responsibility to book the right music for the environment. If the pub/club can't handle loud acoustic drums this should have been factored in - by the venue, not the band - before the booking was made. You tried to accommodate him by turning down; in the end, it boils down to wrong band, wrong venue. The bar manager *should* have chalked it up to experience, told you to stop, payed you (the cash minus the bar tab) and left it at that.

If you guys have got free legal advice from family members, take it - no offense to the other posters here but I should think that the lawyers in your families will know more about this than most TBers. Then small claims/legal letter if appropriate, and leave it at that.

There's a lot of talk about being blacklisted here - if that's a possibility where you are you might want to think about it (wouldn't be likely to happen 'round here though - bars after all are in competition with each other and not all that friendly with it). Also, if you let these guys walk all over you on the off-chance of future problems for bookings, they'll do it again - to you and others I'm sure.

No, they didn't. That was the problem. If they had, it's most likely they would've been allowed to finish the gig and get paid.
 
Not making any judgements here, just saying that it was interesting seeing who posted what and what camp they fall in concerning actually giving the customer his moneys worth.
Yeah, when I was a kid I tried the "We're artists and we do what we want" routine because all my rock star heroes did it, too, or so I thought. Then it almost cost us a gig, and I couldn't live with that, so we did what it took to keep the gig, and by the end, the clubowner loved us and invited us back many times.

Then I found out how many rock stars who claim they do what they want actually don't do what they want. They just tell everyone they do.
 
The OP will probably never come back to this thread and read this, but it might help educate someone else who ends up in the same situation. Here's my .02 coming from over 30 years playing bass and 15 years straight road work 95 % in clubs both large and small.


CLIFF'S NOTES: Manager tells us to stop playing halfway through our set because we're too loud and incapable (mediocre drummer) of turning down, then refuses to pay us, not even prorated.

Point 1

GET A NEW DRUMMER, one who actually has dynamics and understands music. Settle for one who's not even as good as you currently have if he / she understands dynamics and the importance of it. Your whole group will be better for it.

Point 2

There's no pro-rate in the music world. You are hired to do a job, no more no less. If you don't do the job, you don't get paid. A sad fact, but true.

So we get an email from a bar downtown wanting us to play a 4 hour set on a Friday from 9:30 to 1:30 and agrees to pay us $350 (plus a $100 bar tab). We set up our gear and he tells us we can start as late as 10 if we want when the bar starts picking up.

Hmm. A Friday night and BY 10:00PM the bar is not already filling up with people. Maybe the bar typically has a "late" crowd, but I would be wondering why.

A few songs in he comes over and tells us that the bartenders can't hear patrons ordering drinks and that we need to turn down. So we all turn down and bring down the horn section and vocals on the mixer and continue with the set. A few songs later he comes back and tells us he still can't hear so we turn down more. The only problem is that our drummer is self-taught and has no formal instruction, so he's a total beater and has 2 volumes: loud and very loud. Obviously there's no volume dial for the drums so the rest of the band has to match our levels to his.

Been there, done that. How was the bar set up? Was the stage facing the bar? Across or in an opposite corner? Sometimes it still doesn't matter. If the drummer is the problem - refer back to Point 1!

Anyways, about 2 hours into the set he comes over looking furious and tells us we need to turn down or stop playing. Long story short, he refuses to pay us ANYTHING, not even half of what was agreed upon. We threatened him with legal action, telling that if he needs to either pay us or be prepared to show up in court, and he responded with "We're 15 chains strong and we have a team of lawyers," assuming we don't have the patience or know-how to follow through with this.

When the bar owner / manager tells you that, the gig IS OVER PERIOD. If you want to ever play there again, you must eat crow. Apologize to the club owner, take your licks and leave. If you plan on never playing there again, still eat crow, say your sorry and leave. Be nice and kill him with kindness, tell him you're sorry your group wasn't what he was looking for, pack up and leave. You don't know how many other club managers / owners he might know and you don't want to give your group a bad rap that might affect future gigs elsewhere. Don't threaten a lawsuit. You didn't fulfill your end of the gig period. It's too bad you didn't get paid, but see Point 2.


However, in his defense, there was DEFINITELY a strong correlation between us starting to play and the bar clearing out and us taking a break and the bar filling back up.

If you did try to sue, you just killed your own case with that statement. Um, I'm sure the bar's lawyers could build a nice case using that. They just bring in 10 or 20 patrons who say "I had to leave, the music was just too loud and is was making the band sound awful". Case lost by you and closed.

I noticed that the two corner walls behind the bar were lined with brick, which as you know doesn't absorb any sound and so maybe that's why he perceived us to be so loud. But you could hear the band from across the street and they were incredibly loud, and somehow people could still order drinks... just like any bar with loud music I've ever been to.

Yep, every bar is set up different. All the more reason to have members in your group (including soundman) who understand the relationship of musical dynamics and room dynamics and how they interact with a full or empty house. Hmm.... go back again to Point 1. In your defense, maybe the bar across the street is the hot place to go and your bar is thinking that if he puts in live music, he can clean up. The problem is that maybe he's not set up for live music. Maybe your group could hear that the band across the street was getting to kick it, so you cranked up to compete. Whatever the reason, you were still hired to do a job and you failed to do it.

And we're not some crazy death-metal punk band or anything, just a hip hop/reggae/rock/funk fusion with some catchy tunes. And we've never ONCE, ever ever EVER been asked to turn down by anybody.

That's good but remember... There's a first time for everything.

So now what do we do? Between the 6 of us, we have 3 lawyers in our families that we can ask for consultation, but I was wondering if anybody here might have some personal experience with this kind of situation. We have email correspondence between this guy and myself confirming the $350 agreement we had, and we have multiple witnesses that saw him ask us to leave. Also, we're in California if that helps.

Please, grow up and move on. Laywers are not the answer to everything. Leave them alone to tackle really important stuff, not a disagreement over $350.00. Get a decent drummer and chalk it up to experience. Take your new drummer to the bar across the street and play to a packed house. Then pop across the street and say hello to the bar owner who didn't like you. If you can't handle rejection, don't play bars.

Any help at all is appreciated!!

Probably not the answer you wanted but worthwhile to ponder over anyway.
 
There's a lot of talk here about being professional/unprofessional, and yet there's also a lot of talk about letting it go and forgetting the money. Who runs a business like that?!?

In the business world, performing a certain amount of work for which you never get paid - for which you realize in advance that you'll probably never get paid - is a lot more common than you may realize... :hmm:

It's actually a rather widespread practice in the service sector, where the client is typically unaware of certain necessary tasks that are difficult to explain, and hence, difficult to justify - particularly when one's competition doesn't make a practice of doing it. In situations like that, it can often be much easier to try to make up the lost profit elsewhere on the project - or just write it off as a cost of doing business... :hmm:

MM
 
Well if you guys played for a good chunk of the night, I think you at LEAST deserve half of what you agreed on, but this seems to be a situation with many variables.

The club sounds like it wasn't really set up for a live band very well and it sounds like your drummer wasn't well-suited for playing bar gigs lol. My advice, is that you need to have a stern talk with the drummer and go "You really need to get a grip on your volume, or maybe try some different sticks because now you are messing with the band's reputation and costing us money as well." That's why we got rid of our last drummer, a 6'4" kid who was a good player but was self-taught as well and had the same volume issue. Big drummers are fun when you are rocking huge gigs, but when it's small places, they really are kinda hard to deal with =/
 
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