Small Town… Small Bar…

[Discount Bassy]

If you were a better band, the weather would have been nicer.

 

[SDC1-ClickClack]

If you were a better band, the weather would have been nicer.

Well done, sir!

 

[Bruiser Stone]

 

[Not yet]

Smile... walk away... cash the check immediately.

So if the house was packed - would he pay you more???? Same diff

Actually did have one bar in Illinois suburbs we played at a bit (for not much $) pay us a bonus a couple times on good nights

 

[USAJO]

Just curious what did a bar that seats 50 people agree to pay the 5 piece band?

it sounds like it was a losing proposition to begin with and then the crowd was 33 people?

The bar agreed to a figure and should have paid it.

 

[DWBass]

I was in a band back in NY in the 90's and had a bar try to back out. BL fussed and we ended up getting half of what was promised. Not cool. Had another spot around 10 years ago in Virginia Beach actually try to not pay us. We caused a scene and got paid! Have had no issues with my last and current band.

On the opposite end, the BL of the band in NY booked us at a biker club (we play R&B/Funk). Why I don't know. Anyway, we kill it and when it was time to pack it up, they surrounded us and refused to let us quit. Asked for another hour and they would pay us extra. A little scary but we made it outta there safely.

 

[Bonecat]

Update: The leader of the hypothetical band immediately cashed the hypothetical check upon arriving home and immediately distributed the proceeds to each band member digitally. Hypothetically…

We will never play there again. Not hypothetically…

 

[Ostie]

I’m guessing a hypothetical bar manager like that wouldn’t sign any hypothetical contract.

I once booked our band at a bar/restaurant for a string of gigs in our college town.The first night we played it snowed like crazy. It was spring break and all the students were away. It snowed like crazy, eight inches.It was March Madness and the few patrons there wanted to watch the game, not dance. We did our best. Next day the owner called me and cancelled the rest of the gigs. When I asked why, she said, “You didn’t pack the house”.

 

[LowActionHero]

So, maybe there was this band. They’re a five piece cover band that’s a lot of fun and always brings the energy. They’re as busy as they want to be and play a pretty varied range of venues in their region to solid success.

This hypothetical band agreed to play a local small town bar for a set price. No contract. Maybe 50 seats in this place. All seemed fine. The band did all of its usual marketing stuff multiples times in the weeks leading up to the date of the show. The bar did nothing to market the show.

The night of the show arrives and the band brings PA, a pro lighting rig, and all the bells and whistles, sets them up, does a sound check, and starts the show on time. They play very well for 4 hours. The weather that evening was pretty crappy - cold, rainy. The room is about 2/3rds full until about halfway through the last set when things begin to empty out. The band does a timely tear down and load out. When the band leader approaches the bar manager for payment, said manager starts whining about how the band didn’t bring enough people and says he doesn’t want to pay the band.

A fairly tense conversation ensues that ends with the hypothetical band receiving a check for the agreed amount but with the instruction not to cash it until the venue owner can talk to the band leader.

So, maybe the hypothetical band got paid, maybe it didn’t. Regardless of the outcome, it’s virtually certain that the band will never book this venue again. The members of the hypothetical band left what should have been a fun night angry, frustrated, and disillusioned.

I guess some stereotypes exist for a reason…. Hypothetically…

I played that same bar (hypothetically)
But we DIDN'T get paid the full amount agreed upon.
I guess the snowstorm was our fault.
We didn't go back either (& that bar is now out of business)

 

[MattZilla]

Don’t book shows in closets, man.

You’ve gotta be able to sell at least a few hundred beers.

 

[Pdaddy1978]

Are you kidding?
A bar owner/manager tried to stiff a band at the end of a show?

Well I'll be,..... ​

 

[JSandbloom]

No written contract is needed for a value of less than $500 dollars. I’m guessing the venue of 50 or less seats isn’t paying more than that. If you have a valid offer, an acceptance and the $500 in consideration then you have an enforceable contract. The argument of the band not bringing in enough people is immaterial to the contract and they wouldn’t reasonably be able to argue any frustration of purpose or impracticability of the agreement.

 

[Carl Hillman]

So, maybe there was this band. They’re a five piece cover band that’s a lot of fun and always brings the energy. They’re as busy as they want to be and play a pretty varied range of venues in their region to solid success.

This hypothetical band agreed to play a local small town bar for a set price. No contract. Maybe 50 seats in this place. All seemed fine. The band did all of its usual marketing stuff multiples times in the weeks leading up to the date of the show. The bar did nothing to market the show.

The night of the show arrives and the band brings PA, a pro lighting rig, and all the bells and whistles, sets them up, does a sound check, and starts the show on time. They play very well for 4 hours. The weather that evening was pretty crappy - cold, rainy. The room is about 2/3rds full until about halfway through the last set when things begin to empty out. The band does a timely tear down and load out. When the band leader approaches the bar manager for payment, said manager starts whining about how the band didn’t bring enough people and says he doesn’t want to pay the band.

A fairly tense conversation ensues that ends with the hypothetical band receiving a check for the agreed amount but with the instruction not to cash it until the venue owner can talk to the band leader.

So, maybe the hypothetical band got paid, maybe it didn’t. Regardless of the outcome, it’s virtually certain that the band will never book this venue again. The members of the hypothetical band left what should have been a fun night angry, frustrated, and disillusioned.

I guess some stereotypes exist for a reason…. Hypothetically…

Didn't get paid in a small town?

Sounds like you were just lucky things didn't degenerate into some kind of "Children of the Corn" scenario.

 

[Carl Hillman]

Hypothetically, the band leader should channel Peter Grant.

...or Ian Faith

 

[Bonecat]

As we were leaving, about 20 young folks showed up. They pretty much were children of the corn, or at least children of the trailer park next to the corn. They were already high/hammered. They immediately stared blasting country flavored hip hop from the juke box and started pounding shots. A shoving match between two girls and one of the guys broke out. My hypothetical band mate looked at me and said, “I’m leaving. It’s gettin’ Springer in here.”

I’m sure I’ll read about it all in the local ad rag…sigh…

 

[Frampton]

I would have deposited the check before leaving the bar. Bands need contracts. If it's a flat fee, you need to get paid when you arrive, and your contract should say so. Prepaid would be even better, but that's a bigger ask. Your contract should also have a few other provisions: (1) You are not representing or warranting the number of customers or amount of sales. (2) The loser pays attorney's fees if you need to enforce the agreement. (3) A clause that details what happens if and when there is a cancellation. (3) There needs to be a deposit that is nonrefundable except for a breach by the band. (4) You are not guaranteeing that there won't be personnel changes. Have an attorney draw up two separate agreements: A standalone contract and a rider to a contract that the venue may present. It's not complicated, and it's not expensive.

 

[gln1955]

I would have deposited the check before leaving the bar. Bands need contracts. If it's a flat fee, you need to get paid when you arrive, and your contract should say so. Prepaid would be even better, but that's a bigger ask. Your contract should also have a few other provisions: (1) You are not representing or warranting the number of customers or amount of sales. (2) The loser pays attorney's fees if you need to enforce the agreement. (3) A clause that details what happens if and when there is a cancellation. (3) There needs to be a deposit that is nonrefundable except for a breach by the band. (4) You are not guaranteeing that there won't be personnel changes. Have an attorney draw up two separate agreements: A standalone contract and a rider to a contract that the venue may present. It's not complicated, and it's not expensive.

And it's not going to happen in a small bar in a small town. The booker will just move on to the next band that is easier to work with.

 

[JohnnyChatter]

Man I’m a fool that plays originals just for exposure sometimes(if it’s worth it) and I would not be okay with this. Venues who don’t respect working musicians need to just close already. Does promoting always sell shows? Na but the bar should have done something. If they didn’t even provide the PA they sound worthless to me.

 

[Frampton]

And it's not going to happen in a small bar in a small town. The booker will just move on to the next band that is easier to work with.

Maybe. But I've done dozens of these for bands and never had a problem beyond negotiating minor terms. It doesn't have to be long, one-sided, or complex. It protects the venue and the band, so if the venue is dealing in good faith, they won't have a problem with it. It also lets the booker know they're dealing with pros and not a fly-by-night garage band.

 

[Kubicki Fan]

And it's not going to happen in a small bar in a small town. The booker will just move on to the next band that is easier to work with.

How is that bad?
A contract will screen the riff raff.