talkmagic.co.uk

Hey guys - just a bit of advice more than anything

I was booked to perform at a venue, both close-up and stage for a certain fee.

Upon performing, after an hour and a half of close-up I proceeded with 30 minutes of stage. It was initially agreed at time of booking to perform stage first, though upon arrival I was asked to do close-up first instead. By the time I was onstage it was 10.30pm on a saturday evening and the audience was slightly trollied. Through this, the stage was not as good as usual and I bombed. The close-up though, was second to none.

I received a letter stating that the performance was "not as good as usual" and therefore they had included a cheque for half the contracted amount.

I have responded to them requesting the full amount as specific in the contract and am awaiting them to get back to me. First I am very upset by the lack of professionalism by this company that I was hired for, and secondly this has really had a negative effect on my finances for this month, as less than half has been paid. I haven't yet cashed in the cheque as I don't want it to be seen as "acceptance" of what has occurred. Thus, I am now down a gig's worth of pay.

Basically what I am asking is for advice on what to do when (as I don't think they will based on the lack of communication over the last week, even though I have tried to make contact on two separate occasions) they don't respond. I am with equity, and have the contract signed by them etc.

Basically, this is the first time that this has happened to me. Do I go to equity, or are there other avenues that I need to undertake first?

Thanks in advance

Hi, Chris.

I am sorry to hear that.

My advice wouldn't be related to contracts for performance (they would be for consulting) so I'll not risk muddying the water before someone with more direct experience can help.

I hope it can all be sorted quickly and amicably and obviously in your favour.

Ste.

Got to Equity. That is what they are there for. That is what you are paying a subscription for. You have a contract. That means they will lose once Equity takes it up. From what I hear Equity is very good at this sort of thing. Don't waste any more time. Call up Equity TODAY!

Talk to Equity. They'll know the best course of action.

As others have said, contact Equity. I am sure they will be able to help you out with some sound advice.



I'm a bit curious as to why you opted to do stage first.
In the past, when this situation has arisen, i have always opted to do close up first, because it brings you in contact with the punters, so they can get to know you. You in effect become one of them, so the stage performance becomes a smooth ride.
Also, it gives plenty of chances to ear wig on peoples conversations, ( or pre show as it's called in the trade. )

I know very few here in the States that don't expect the balance of the hire fee up-front upon arrival to the venue before they so much as remove a briefcase filled with props from their transport. The majority of contracts is 30-50% up front with balance due PRIOR to performance. It is something we must do given how often this sort of scenario gets played out and worse, how often club owners refuse to pay us our due.

If you have a signed contract you are only as protected as the lawyer you can afford (hopefully yours is better well established and worth the cash than theirs.) Catch is, the sum is typically so trivial that we do not take the situation to court in that the costs out-weigh the prize; sadly, people that play this game are quite aware of this most of the time and that's why they do it; they are confident no one will take any kind of legal action against them.

Over the years there have been some interesting ways of dealing with this other than having client accidentally fall down a set of stairs. One case I'm familiar with involved a dentist that had stiffed both, a magician and the clown at a kids BD Party using more or less this same excuse. Both performers arranged for friends & family to visit this same dentist only to send letters along with partial payment based on the same explanation. . . the one thing they also did was have the letters submitted by a lawyer. . . who just happened to be a magician

All Entertainers face this sort of thing, it's just part of the biz. To fight it helps, but is typically futile unless, as has been suggested, you have a Union or similar group standing behind you that can at least "out" such jerks. I know that a handful of U.S. entertainers have filed small claims suits which do get published in the local papers and as a result, an official public black-mark remains behind when it comes to this contractor and their practice of not living up to a contract. You may not benefit directly, but it certain can bring benefit to other performers who can either avoid business with the jerk completely or generate a more iron-clad agreement that's exceptionally binding.

Full amount to be paid

To be fair you'd have been in your right to refuse to do the stage bit and still charge full price.

Get me on FB later and i'll assist with legalities if you like

Hi Chris - think I may have missed your call earlier today and I'm assuming it's to do with this matter?

Go straight to Equity. They will get their bad ass lawyers on to this client in a moment's notice.

And talk to Lawrence as well of course.

Thanks very much guys. I'll wait a couple of days for a response and then get onto equity by monday if they haven't responded in the positive.

And Dale, it's because on a saturday night I would rather perform in stage at 9pm when people are sober, than 10.30pm when they are drunk!

You will not hear back from them. I am psychic and know these things. Don't wait too long. The longer you wait the harder it is to get the money. Keep the letter they have already sent you as evidence, make a copy, and give it to Equity. I have heard of many cases where Equity have taken action and succeeded. Since you have a signed contract and a letter from them refusing full payment it sounds to me like an open and shut case. Whether the act went over well or not is not relevant. They still have to pay you.
For the Americans here Equity is the British Actor's Equity Association. However, it isn't just for actors. They have a variety section.

Do get in touch though. I'm on the recieving end of disputes such as your own (due to my job, not just due to being a dick) and as such can assist in how to get the better of people like myself that don't want to pay you!

Refer it to Equity. In 30 years I have only had problems twice. Equity have sorted it both times at no cost to me. One went to court the other was settled quickly when the client realised that we were serious.

Dave.

www.madetomeasuremagic.co.uk

Bang out of order

Do you have any written evidence of the initial agreement Chris?

From what others have said, Equity seems the way ahead, and hopefully at no cost

Be interested to see the outcome of this mate, best of luck

What does the contract say on the subject? If it includes some kind of "money back if not satisfied" guarantee, then it might not be as clear cut as some suggest. My guess is that they are just taking the p and have no right to withhold the money.

Beardy wrote:I received a letter stating that the performance was "not as good as usual" and therefore they had included a cheque for half the contracted amount.

This was the bit that had me confused. Other things you said suggested this was the first time you'd worked for them (and other things indicate that this will be the last time you'll work for them!).

I have never believed in that "money back guarantee" American nonsense that some entertainers use. That is asking for trouble. When I sold svengali decks I used to say it but it had the disadvantage that some people actually believed I meant it. Eventually I changed it to, "There is a money back guarantee with every pack we sell------providing you can find me!" They got the message then.

If Beardy was daft enough to make this offer he can say goodbye to his money. However, if he didn't say it then to me his case is cut and dried. Equity is definitely the way forward and best of all there is no cost except for the yearly subscription.