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This is not true. A verbal contract for services is enforceable regardless of the amount.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.
That bar will be out of business in a year.
This is not true. A verbal contract for services is enforceable regardless of the amount.
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…
You have a statue of frauds?need to brush up on my statue of frauds.
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.
You have a statue of frauds?
I could hypothesize who that statue looks like, but that would be frowned upon.
Much like the statue.![]()
How is that bad?
A contract will screen the riff raff.
Speaking from experience-You’d win a judgement for the agreed amount, and not be reimbursed for your time in court.Had I been the hypothetical band leader I would have cashed that check using my banks scanning phone app so fast the hypothetical bar owners head would twist.
I've been through this scenario a number of non hypothetical times and I get really surly at the suggestion of breach of contract on the part of the venue.
Having run a different type of small business for a decade I have the speech memorized:
"We will take you to small claims court and we will win. We will sue you for treble (old English common law term meaning triple) damages and we will win. We will ask the judge or magistrate to apply court costs to your business. And finally, each band member will tack on their loss of dayjob income for the day in court.
'so you can pay us $500 tonight, or several thousand when the case hits civil court. What say you?".