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What would you do with this client???

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....

FBC's
 
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.

Exactly.

It's a way of separating the wheat from the chaff.

It works until someone calls the bluff, and at that point you know they were always going to be more trouble than they were worth as a client - so you've come out ahead in the long run.

That's not the same as actually playing the gig, and them trying to get out of paying - in that situation, you don't even let them get as far as the car park.
 
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Ive been self employed most of my professional life. Some clients are great, some are terrible, and some are difficult. I have learned to drop the really bad and put up with the sometimes difficult. These frustrations are It’s just part of the costs of doing business. You handled it well imo.
 
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.

Ignorance is bliss as I just trust fate and the powers that be - booking agent is our key player- no bad gigs. Life is too short to stress out all of the time- some of the time though, yes.
 
Send her the confirmation email, and ask that today's cancellation be confirmed. Play the other dates on the calendar. Then you have to decide if going to collect is worth losing her (and the other mall). Losing the other client would be my biggest concern.
This - That's a sane and good response. This day and age/climate (as you said) it's not so easy to just drop a 'difficult' client - in any field of work. Unless one has an established client list - and even then, drop them "politely and nicely".
Don't burn the bridges so to speak.
That's part of a professional attitude, and you'll garner good karma and respect from clients.
You may want to drop them now - but at least give it some thought - and keep the email trail going.
I think you 'should' do what Bulldog5151bass suggests.
Good Luck
T
 
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If the client has been habitually bad, you have to take some of the blame for allowing it to continue. It sounds like you handled it well this time, but moving forward, unacceptable behavior has to be dealt with immediately. While there's no avoiding some percentage of complete ********, especially in this business, I find that most people that screw up do so more from being overwhelmed with their work, and thus unable to appreciate the larger picture. It's good practice to confirm a booking by sending a contract, which is to be signed and returned. It's unlikely that you're going to take someone to court if they violate the agreement, but going through the motions better clarifies expectations, and provides firm confirmation of the booking. I'll accept an email contract confirmation, since I know I am willing to walk away before going to court.
 
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.

We use contracts 100% of the time for special events and/or gigs for corporate clients. Sets expectations so there are no surprises on either end. Our terms and conditions are such no one should ever have invoke small claims court. So far, we have never needed to take any kind of legal action nor has any client of ours.

With a contract, we collect a 50% deposit when the contract is signed and the remaining 50% at the time of performance. If there’s a cancellation by the organizers, they lose their deposit. If we cancel, we return 100% of the deposit. Keeps everyone honest.

We also include mundane expectations like adequate and functioning power supply, parking and so on. Also basic health and safety stipulations. This helps organizers, who might not hire bands regularly figure out our basic necessities in order for us to show up, set up our gear, play and survive!

For bar gigs - it’s a verbal agreement only.
 
I have two repeat, corporate clients who don't do non-refundable deposits. and this is one of them. With our local big government, and this very expansive property management company, their purchasing/payment processes are so cumbersome and involved, they refuse to do deposits. At one time, this mall required me to get a DUNS number, and pay $50 to have access to their online purchasing system. A cost which I promptly passed on to them at the time.

I have been remiss in including a cancellation clause in our contract, which I guess I need to put into this one. In the past, this has never been an issue (over four years) but this was a wake up call. For the government work we do, the cancellation policy is in place at 50% of the contract price if we don't perform after inking the contract. We try to make ourselves available for rain date, however.

Glad we got a makeup date anyway.
 
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I have two repeat, corporate clients who don't do non-refundable deposits. and this is one of them. With our local big government, and this very expansive property management company, their purchasing/payment processes are so cumbersome and involved, they refuse to do deposits. At one time, this mall required me to get a DUNS number, and pay $50 to have access to their online purchasing system. A cost which I promptly passed on to them at the time.

I have been remiss in including a cancellation clause in our contract, which I guess I need to put into this one. In the past, this has never been an issue (over four years) but this was a wake up call. For the government work we do, the cancellation policy is in place at 50% of the contract price if we don't perform after inking the contract. We try to make ourselves available for rain date, however.

Glad we got a makeup date anyway.


True , in a corporate situation where you're dealing with a finance/purchasing/procurement department, you're looking at signing a contract which would stipulate an invoice be issued when services are rendered (or product delivered if you will) - fixed firm price with milestone - with terms like net 30 days. Standard B2B stuff. As long as your own"accounting department" can cash manage the delta and pay YOUR suppliers, you're golden. If the client doesn't pay the invoice within term after you've delivered, then you have reason pursue alternative actions (interest, collection, small claims).
 
Going forward my plan is to insist on the cancellation clause now that she has crossed the line. This will be after this spate of repeat gigs is over, and they call again. I intend to raise my prices a bit as well to compensate the musicians who booked off time, rescheduled music lessons with their students, and my own hassle in rescheduling. In other words, I'll consider this behavior when it's time to quote next year.
 
And then after all that, even if you win, actually collecting the judgment can become a whole new adventure.

I had a $3000 lesson back in 1998. For small dollar value transactions, no one wins but the lawyers, if they even accept the case. Nobody cares about your "silly little problem" (in my case, my own problem at the time).

Your best defense is to get deposits and put yourself in a position where people can't take advantage of you. When that is not possible, yes, clear expectations in the form of a contract, and then "moral suasion" like I used in this case, is the next best thing.

Finally, writing off the client and moving on to fertile ground is far better than investing your time in someone who is a time and money waster.
 
50% deposit and contract is a must. No one who intends to be honest has a problem signing a simple contract that lays out the responsibilities of you and the client. A cancellation clause would be part of this, as well as promising a full refund if you cannot play the show, or if it is canceled within a reasonable amount of time (especially for an act of god).

Source: 16 smoothish years at this nonsense in a pro band; 8 years as a frustrated amateur
 
True , in a corporate situation where you're dealing with a finance/purchasing/procurement department, you're looking at signing a contract which would stipulate an invoice be issued when services are rendered (or product delivered if you will) - fixed firm price with milestone - with terms like net 30 days.

Something that I often do when dealing with businesses that do net 30/60/90/etc. is jack my rate up, then offer them a discount for paying early. I still get paid the same, but it works out better for them to pay quickly. If they don't, there's effectively a late fee in place to help make up for the slow cash flow without actually calling it a late fee.
 
If she has been a bad client in the past, why are you still trying to business with her? I would move on and forget about her.

This is correct.

Venues, agents, clients, etc. that never have their crap together, never have their crap together. I could tell stories, but let's just say that if a place pulls that kind of nonsense on me - I'm done with them. There are bands that will put up with anything just to play gigs. I'm not in that crowd anymore.