• TalkBass has been independent since 1998. Add your voice.
    Create a free account to reply to discussions, view embedded media, and browse with fewer display ads.
    Join free Log in
    Want zero display ads or expanded classifieds tools? Compare plans.

What would you do with this client???

#21
If they are as corporate as you say and you want to preserve the future dates. Let this one go, and send a contract for the future dates, with a cancellation fee spelled out. If a contract was drawn in the first place and she did what she did, you could supply her confirmation email to her and follow it up with a, are we playing, or will you be paying the cancellation fee.

Contracts arent always needed, but in this case a simple one appears to be needed. Pay at time of gig, informed of location x number of days in advance, in event of cancellation, x dollars will be charged.
 
#22
PauFerro said:
So, 3 weeks ago a client calls me and wants me to play Christmas music with a jazz band at a mall. She gives four dates. One of which is today. I arrange musicians, send invoices through their admittedly fussy corporate procurement/invoicing system, and then throughout the week, contact her via email about the location we are to perform. Where does she want us at the mall?

She doesn't answer, so I find out who her assistant is, and contact her, asking for clarification. I get an email last night that they will tell me this morning, a few hours before the gig. Now, after I have packed up all my equipment and taken it to work (a system, basses, etcetera), she sends a text saying I have the date wrong, and that the only dates we are booked are for next month. Yet she confirmed today's date in an email, and processed invoices I sent for today. I have the email trail.

She has been a "bad client" in the past, like not paying me on the day of the gig, presumably out of being derelict as her sister mall, who uses the exact same processes and disbursement center, always pays me in advance.

Would you insist that she follow through on her commitment to hire us for today given all the resources we have mobilized today? Or would you just let it go? I still have three other dates from her in December, and she is a repeat client, albeit a very frustrating one. I also gave her a sweet deal on the price when they screamed budget problems.

Consider how competitive it is in this town, and how guys are lined up to take this gig. At the same time, sheesh, tell me a few hours before a gig I have the date wrong when she's had a ton of communication and confirmations on it??? There are times when I wonder if the customer isn't always right. And this seems like one of those times.

Comments welcome....
Click to expand...
Small claims court?
 
#31
NOVAX said:
Right hand up. But we haven't had to sue. Luckily. Good clients.
The BL signs it but I play under it.
Click to expand...

Just because you have a contract does not mean it's one that will hold up in court, and that you have the ability to sue (or pay a lawyer), and as @Nephilymbass has pointed out, would be willing to miss work (those wages would not be recoverable in court).
 
  • Like
Reactions: Nephilymbass
#32
buldog5151bass said:
Just because you have a contract does not mean it's one that will hold up in court, and that you have the ability to sue (or pay a lawyer), and as @Nephilymbass has pointed out, would be willing to miss work (those wages would not be recoverable in court).
Click to expand...
Pretty much why my band doesn’t bother with contracts for gigs. Not a single member of my band makes less than $20hr at our day jobs. So at minimum your talking one member losing $160 to take a day off for court for just one day much less if you have to meet with a lawyer during their time of business. Would have to be a an amazing pay day to take the gamble that the court would even side with you. I think the better solution is to avoid being screwed to begin with.
 
  • Like
Reactions: mikewalker and buldog5151bass
#33
buldog5151bass said:
I love how people keep talking about written contracts. Anyone who actually uses a written contract, and successfully sued a customer (including collecting 100%) raise your right hand. I'm guessing about 5% of the people who have posted about using one.
Click to expand...

I doubt any semi-pro has ever attempted to take anyone to court over a cancellation, but that's not the point of putting those clauses in.

It's psychology ; most people will be too intimidated to try and shaft you, or will at least appreciate the ramifications, and think twice about it, if they sign a contract with a cancellation fee.

And if anyone does proceed to cancel at the last minute, and refuses to pay the fee ; you know damned well you don't want to be working with them in the future, and that you were just spared a major headache this time too.
 
  • Like
Reactions: Wisebass, mikewalker and Flooflox
#34
Maybe there are regional differences, but my experience with mall gigs has been pretty dismal. The logistics are usually horrible, details such as electrical power and space can be unpredictable, and the acoustics / crowd noise will render your band inaudible.

Go in with the absolute bare minimum of gear that can be brought in from the regular parking lot and customer entrance in one trip on a cart. Remember to smile.
 
  • Like
Reactions: mikewalker
#35
PauFerro said:
She has been a "bad client" in the past, like not paying me on the day of the gig, presumably out of being derelict as her sister mall, who uses the exact same processes and disbursement center, always pays me in advance.
Click to expand...

I do not appreciate customers/clients who do not appreciate my business.

This client has proven she doesn't value you as a vendor. She has failed to pay as agreed, she has beat you up on price, and now she has bungled the schedule (in spite of written confirmation) and cost you time (ie money).

In the future she pays in full, in advance or she can find someone else.

A customer that takes your money is not a customer, therefore the adage "the customer is always right" doesn't apply to her.
 
#36
Wood and Wire said:
I doubt any semi-pro has ever attempted to take anyone to court over a cancellation, but that's not the point of putting those clauses in.

It's psychology ; most people will be too intimidated to try and shaft you, or will at least appreciate the ramifications, and think twice about it, if they sign a contract with a cancellation fee.

And if anyone does proceed to cancel at the last minute, and refuses to pay the fee ; you know damned well you don't want to be working with them in the future, and that you were just spared a major headache this time too.
Click to expand...

I've learned long ago that a bluff only works til someone calls. And a lot after people will tell you exactly where you can put your contract.
 
  • Like
Reactions: togril
#37
A pillowcase filled with Chunky soup cans is a fantastic tool for making uncooperative clients see the errors of their ways.

Once is all it takes.

After that, all you have to do is hear the clunking and rattling of the cans and it's like Omar's coming on 'The Wire'.

With that said, being professional is better. Of course.
 
  • Like
Reactions: Oddly, mikewalker and 2112
#38
buldog5151bass said:
Just because you have a contract does not mean it's one that will hold up in court, and that you have the ability to sue (or pay a lawyer), and as @Nephilymbass has pointed out, would be willing to miss work (those wages would not be recoverable in court).
Click to expand...

We have an attorney in our pocket. We have good clients. We're good to go. No stress.
Wish you were here.
 
  • Like
Reactions: mikewalker
#39
NOVAX said:
We have an attorney in our pocket. We have good clients. We're good to go. No stress.
Wish you were here.
Click to expand...

Then you are one of the few. I see people every day here talking contract, and as I said before, the vast majority of them have ever tried to enforce one, and most of them don't use one themselves, since the majority of small venues do not.

FWIW, I am an attorney. I've done this from both sides of the table.
 
  • Like
Reactions: togril and NOVAX
#40
IMG_3146.JPG
 
  • Like
Reactions: NOVAX, Oddly and mikewalker

Latest posts

Top Bottom
Back