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Rain out!!! Who gets paid?

Discussion in 'Band Management [BG]' started by Joaquin, Jul 29, 2012.


  1. Joaquin

    Joaquin

    Nov 4, 2006
    When a band or show gets rained out does everyone get paid or do they settle up for a specific amount since there was no show. Soundman never set up....band never put an instrument on stage......skool me on this.
     
  2. Stinsok

    Stinsok Supporting Member

    Dec 16, 2002
    Central Alabama
    You should have had a contract. You set aside this time and fullfilled your part as much as was possible. You should get paid.
     
  3. Factor88

    Factor88

    Jun 21, 2011
    All depends on some type of advanced understanding, be it a formal written contract on down to a verbal agreement with someone. While any gig any time has some chance of being cancelled last minute due to an unusual event, outdoor gigs in particular are much more likley to be prone to this so it is important you have an advance agreement of what will happen if bad weather prevents the gig. I've had everything happen from getting paid in full, getting paid partially, to getting no pay at all. In the the latter cases this was always something the whole band was aware of when agreeing to the gig and knew the risk, but decided it was worth it.


    I will now step back and let the flood of lecturing " I would never work without a contract" begin......
     
  4. Joaquin

    Joaquin

    Nov 4, 2006
    Where is a good source for a band contract outline?
     
  5. There was no rain date? Usually there is a rain date and if the rain date also gets cancelled the agreed upon settlement (in case the show is cancelled comes into play)
    Sometimes it is a partial or % of the money or a re-scheduling of the show. You should never go into a outdoor gig without some kind of written understanding of what we call the "what if clause".
     
  6. MrLenny1

    MrLenny1

    Jan 17, 2009
    N.H.
    Last time I got rained out on a gig, we had played 6 tunes.
    Management canceled the night on us with no pay.
    Agent told us sh*& happens.
    Yes, you need a specific contract.
    Good luck getting anyone to sign it.
    that's show biz.
     
  7. Zooberwerx

    Zooberwerx Gold Supporting Member

    Dec 21, 2002
    Virginia Beach, VA
    Your agent said that?!? I thought agents existed to serve the best interests of the band.

    Riis
     
  8. guy n. cognito

    guy n. cognito Secret Agent Member Gold Supporting Member

    Dec 28, 2005
    Nashville, TN
    Yeah, right...... ;)

    Here's my general rule on cancellations for larger gigs:

    Up to one month before: No fee
    Between one month and two weeks: 25% of fee
    Between two weeks and gig day: 50% of fee

    If we show up the day of the gig, the promoter owes us 100% of the fee, whether we play or not. I once had an outdoor gig where it started raining about 10 minutes before show time. We had spent hours setting up lights and PA and were ready to go. We ended up getting paid 75% of our contracted fee, but the promoter didn't want to pay us a dime because "we didn't do any work". Having a written contract saved our bacon.
     
  9. yeah, you need to walk away w/ something. I've had stuff like that happen, weather, double booking, dead room etc - always got a little cabbage. (...or even diner. something to justify the gas/time)
     
  10. Factor88

    Factor88

    Jun 21, 2011
    Agents "exist" to make a profit for themselves. Period. They do that by charging some type of fee to set up venues and artists. Since there are very few venues who have consistent $ to spend on live entertainment and comparatively many artists who would like to play, who do you think the agent is going to try to keep happy? The dime-a-dozen band or the venue? This dynamic ONLY changes when the artist is such a big consistent draw that the agent (via the band) has some sort of power over the venue. I'm betting very few of us are in bands like that.
     
  11. Factor88

    Factor88

    Jun 21, 2011
    And therein lies the rub.

    For the average club/bar band with an average draw, I'm betting you talk yourself out of more $ insisting on a contract (and having the bar owner shy away from you) than you will lose on getting burned every once in a while (and you will get burned).
     
  12. lfmn16

    lfmn16 Supporting Member

    Sep 21, 2011
    charles town, wv
    Do you believe in Santa Clause and the Easter Bunny? Agents exist to serve the best interests of the Agent.

    As far as pay, it actually depends on TWO things - do you have a contract and do you want to cut the venue a break. If it's a place that treats you right, or that you want to work with in the future, you could give them a break and take half pay or no pay.
     
  13. Factor88

    Factor88

    Jun 21, 2011
    This is so true. There is no absolute. I was in a band that played an outdoor bar for 8 years every week. That gig was the cornerstone of our band's work. Most of the other gigs we got, we got becasue clients saw us there. When we got rained out (and we did about an average of 5 times per year) we got nothing except a couple free drinks. Playin hardball and rockin' the boat with this gig would have been foolish and counterproductive.
     
  14. Steve

    Steve

    Aug 10, 2001
    It's whatever the prior agreement says it is, You DO have one...don't you?

    Beyond a certain level, you ALWAYS get paid because beyond a certain level, people that put on weather dependent events have insurance for rain outs.
     
  15. AltGrendel

    AltGrendel Squire Jag SS fan. Supporting Member

    May 21, 2009
    Mid-Atlantic USA.
    Oh, that's not in the contract? Sorry, maybe next time.

    Steve's right, where I work (big acts and has an outdoor venue) they get paid, I'm sure that's in the contract, and we state on the ticket that there are no rain dates or refunds.
     
  16. Biggbass

    Biggbass

    Dec 14, 2011
    Planet Earth
    Our contracts specify that if we show up we get paid in full even if weather causes a cancellation. Last rain out for us I got the call when I was 2 blocks from the venue. They mailed me the check.
     
  17. We get paid in full. Make sure it is in the contract. I live in Denver so rain is usually not an issue but we always have it written into the contract on outdoor gigs.
     
  18. Reptileroundabo

    Reptileroundabo Polka till you puke..

    Jul 15, 2009
    Chardon, OH
    Had 2 of our 8 shows get cancelled this past week due to rain. First cancelled show called about an hour before we left and we got half pay thanks to the contract, and the second we drove out and they called the show before we started, got paid in full :).

    As I see it, if you make it to the venue, you get get paid in full weather you play or not, as long as it is not your fault that your not playing. Same thing goes if the show gets cut short because of rain.
     
  19. jmattbassplaya

    jmattbassplaya Looking for a gig around East Islip, NY!

    Jan 13, 2008
    Long Island, NY.
    Mhmm. Lots of musos HATE the term contract and never want anything to do with them... until they realize they can save your butt in this kind of situation.
     
  20. jaywa

    jaywa

    May 5, 2008
    Iowa City, IA
    Hard to believe the way this summer has gone that anyone would get rained out... but I know it's possible cause it happened to my band Saturday night.

    In our case we were headlining a 3-band event and the rain hit during the changeover... right before we were supposed to go on. Which was good cause it was a flatbed trailer stage with no cover whatsoever. It was our band's P.A., lights and backline at risk so our BL made the call that the show was over before we played a note. It had been perfect weather for the first two acts so only my band didn't get to play, but the BL had already gotten our full payment before the first band went on. So basically I got paid to be a roadie for the first two acts.

    Which was exactly what happened in our case. The folks still got a show, it was just shorter than they expected. Any event organizer with any experience and/or common sense will have taken out insurance for this contingency so don't feel bad at all about asking for a significant non-refundable deposit, if not the entire amount up-front. And in our particular case, the first two acts had alraedy pulled in a good crowd (at $10 a head plus a whole lot of beer sales) -- using our production and backline -- so my band paid its way on that job even if we didn't play. When I talked to the organizer afterward she said they had definitely come out ahead and her only disappointment was that she wouldn't get to hear us. Hopefully they hire us back next year and we'll get a do-over.
     

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