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A well conceived contract is a great thing in situations like this.
In general contracts are good because they provide protection to both the customer and the vendor (the band).
If you take the time to carefully craft, draft and refine whatever contract you use to book gigs, it can really help to add transparency to the terms of the event and remove ambiguity and guessing.
If either party fails to abide by the terms of the contract it's much easier to assess who is liable in the event of a breach of contract.
In the contract I've used for decades it establishes all fees and deposits (usually a 25% advance must be paid to secure the date) and provides assurances that the customer covers all permits and fees for the performance venue, ample time before and after the event to load in and out, assurance that adequate power, light, shelter from inclement weather is provided, including protection from excess of wind/sun/rain.
This contract also states that if all band members are present on site, and prepared to perform but weather, fate, or "act of God," prevents performance , the band is to be paid IN FULL.
If serious terms of the contract are breached it is much easier to enter into a small claims court complaint, arbitration or litigation... (or at least the threat of any of these.)
PROTECT YOURSELF AND YOUR BAND AND LEARN TO USE CONTRACTS FOR GIGS THAT MANDATE IT.
In general contracts are good because they provide protection to both the customer and the vendor (the band).
If you take the time to carefully craft, draft and refine whatever contract you use to book gigs, it can really help to add transparency to the terms of the event and remove ambiguity and guessing.
If either party fails to abide by the terms of the contract it's much easier to assess who is liable in the event of a breach of contract.
In the contract I've used for decades it establishes all fees and deposits (usually a 25% advance must be paid to secure the date) and provides assurances that the customer covers all permits and fees for the performance venue, ample time before and after the event to load in and out, assurance that adequate power, light, shelter from inclement weather is provided, including protection from excess of wind/sun/rain.
This contract also states that if all band members are present on site, and prepared to perform but weather, fate, or "act of God," prevents performance , the band is to be paid IN FULL.
If serious terms of the contract are breached it is much easier to enter into a small claims court complaint, arbitration or litigation... (or at least the threat of any of these.)
PROTECT YOURSELF AND YOUR BAND AND LEARN TO USE CONTRACTS FOR GIGS THAT MANDATE IT.
It's always critical to have a single point of contact when doing any kind of work for hire. And make it clear that alone is who you will expect to issue all orders, changes, and requests - and who you'll be coming to to collect payment(s) from. Otherwise you risk getting conflicting instructions and might have to run around looking for "Tony" who supposedly "has your check."
One very successful wedding band leader I occasionally used to work for explained very clearly that he needed to be paid in full - in advance - because that's how the musicians in his band got paid. He also required (per his written contract) a minimum of 65% of the contract fee up front as a deposit with the balance due no later than one calendar week prior to the reception. He also very politely suggested that since things usually got crazy the month before a wedding they might want to consider paying the balance due as early as they were comfortable doing so, so it would be one less thing to have to worry about.
If he didn't receive the balance when it was getting close to the cutoff, after he had sent a few reminders at the 30 and 15 day mark, he'd drop by in person with a check made out to the point of contact.
He'd (again very politely) explain he either needed their check for the balance, or he would need to leave them his check for their deposit (minus 10% for the contract cancellation fee) and open up the date for somebody else.
There were only a few times when he didn't immediately collect the balance doing it that way.
He also didn't burn bridges if he had to leave his check. Because he also let the client know that if the date were still available (not a given) and the party could get the full fee to him at least 48 hours before the scheduled time for the reception, there wouldn't be any cancellation fee, and he'd honor the original contract amount. He always had a check for the full amount the following day.
Needless to say how this "technique" gets presented to the client is the key to it working in your favor.
One very successful wedding band leader I occasionally used to work for explained very clearly that he needed to be paid in full - in advance - because that's how the musicians in his band got paid. He also required (per his written contract) a minimum of 65% of the contract fee up front as a deposit with the balance due no later than one calendar week prior to the reception. He also very politely suggested that since things usually got crazy the month before a wedding they might want to consider paying the balance due as early as they were comfortable doing so, so it would be one less thing to have to worry about.
If he didn't receive the balance when it was getting close to the cutoff, after he had sent a few reminders at the 30 and 15 day mark, he'd drop by in person with a check made out to the point of contact.
He'd (again very politely) explain he either needed their check for the balance, or he would need to leave them his check for their deposit (minus 10% for the contract cancellation fee) and open up the date for somebody else.
There were only a few times when he didn't immediately collect the balance doing it that way.
He also didn't burn bridges if he had to leave his check. Because he also let the client know that if the date were still available (not a given) and the party could get the full fee to him at least 48 hours before the scheduled time for the reception, there wouldn't be any cancellation fee, and he'd honor the original contract amount. He always had a check for the full amount the following day.
Needless to say how this "technique" gets presented to the client is the key to it working in your favor.
They were looking to pay the band with money collected from gift envelopes and they hadn't collected them yet if dessert was not served yet.
In the formal event entertainment industry?
That would never happen to me. My contract is air-tight and my attorney is a Great White.
If I was friends with the people and knew where to find them later, then sure, I would say OK, get it to me when you can. If this was purely business, I would ask to speak with them (wedding planner) somewhere privately and calmly ask to be paid. If he/she blew me off, well then, the next step would be to speak to the best man or maid of honor.
really though, I have never had any difficulty getting paid at wedding gigs. They always seem so happy that we show up early, sober, well dressed, and no volume issues. And it is usually pre-paid well in advance, or we get paid while we are setting up. Most often the check in the white envelope. And I carry cash in white envelopes to pay the band, and every one is happy being paid before the first note is even played.
really though, I have never had any difficulty getting paid at wedding gigs. They always seem so happy that we show up early, sober, well dressed, and no volume issues. And it is usually pre-paid well in advance, or we get paid while we are setting up. Most often the check in the white envelope. And I carry cash in white envelopes to pay the band, and every one is happy being paid before the first note is even played.
buldog5151bass
Kibble, milkbones, and P Basses. And redheads.
As long as you handled it in a professional manner, nothing wrong with checking for your money. As others have said, with gigs like that, generally you get paid ahead of time, unless there is something in the contract that states otherwise.
Well stated. This can't be stressed enough.
During pre-event consultations and walking my clients through the contract, I don't mince words or demur. In case they hold any stereotypes about musicians being flaky, I send the clear message this is serious business, a big part of my livelihood, and I intend to be paid and see all terms of the contract honored. The terms are crystal clear. That's probably why I've never had a client intentionally try to screw me yet.
The reservation fee is just that: The client is asking me to block off an entire day for them, and I will have other performance opportunities for that day that I will have to decline. You want me to block off a day for you, 50% down, non-refundable, gets it done.
In my early days I had some push back from clients who couldn't or weren't comfortable paying me 100% of my fee in advance. Even as a solo performer I was in the $1,500.00 range, and I'm charging more for a band. That's a lot of coin on a handshake and a piece of paper, and people get scared, rightfully so. So I backed off on that. If you think about it, the standard and norm in the service industry is the vendor provides the service, then they get paid. You go to a restaurant, eat your food, and then you pay when the services have been rendered, in that order. Exterior house painter comes out, gives you a quote, charges half in advance, and gets the balance when he finishes the job.
In general, if the terms of your contract are fair and legally binding and you make them clear up front, clients do their best to comply. I always remind the wedding couple how intensely busy their day will be and to get as organized as possible before they even arrive at the ceremony venue. The bride tries to get all her ducks in a row but she has to delegate responsibility to her wedding party, planner, or venue coordinator. That's a lot of people to trust. Every once in awhile someone drops the ball.
When that happens, it becomes a matter of how we as professionals with a reputation to maintain handle it that defines our level of service. It sure is a pisser when everyone is looking at each other and asking, "Where's the entertainment envelope?" But if you want good referrals and recommendations (the life-blood of success in any business), you have to be diplomatic and not let emotion play into it and make the situation worse. Err on the side of patience and forgiveness.
In OP's case, we don't know how tight this "wedding planner" and the bride are, but my hope for OP is the "planner" didn't have something nasty to say to the bride about how he got snippy about his payment, disrupted the flow of the event, and had people scrambling around for cash. The fact she snubbed OP is not a good sign. Even if OP had a right to be upset, even if she screwed the pooch, she's one of the vendors at the wedding, and vendors all need to get along and give each other a wide berth sometimes. Friction between vendors sends out negative vibes that get back to the bride and influence her evaluation.
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MDBass
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You didn't throw anything into chaos.
Why would anyone throw a private party of any kind and not have either cash or checks for all the vendors on hand before the event started?
That's just dumb.
You shouldn't have had to ask for payment at all, and frankly you really should have been paid before services rendered; no way would I have left without being paid for my time.
I played a private party once that didn't go so well. Effectively they booked a hard rock band to play "dining music" - ie, soft music people could chat and eat dinner to. In a SMALL location! We ended up scrapping our PA, using one monitor on low volume as the PA system, told half the band to just sit off to the side, and did a three piece improvised jazz thing. It was as bad as it sounds. (We originally tried to do some lighter rock songs with the full band at low volumes but quickly got told to turn WAY down before we could even get to the chorus of Brown Eyed Girl.)
When it was time to get paid (end of night), the person who booked us was no where to be found. We ended up spending a month of calling them afterwards before we got paid. Well, I think we got paid. The guy in the band that set the gig up has a heart of gold - it wouldn't surprise me to learn that he paid the band out of his own pocket.
When it was time to get paid (end of night), the person who booked us was no where to be found. We ended up spending a month of calling them afterwards before we got paid. Well, I think we got paid. The guy in the band that set the gig up has a heart of gold - it wouldn't surprise me to learn that he paid the band out of his own pocket.
It's a delicate issue that should be handled delicately.
It's easy to tell by reading some of the responses on this thread who has performed at private formal events on a regular basis and who hasn't.
It's easy to tell by reading some of the responses on this thread who has performed at private formal events on a regular basis and who hasn't.
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I tell everyone have the check ready at or before the event. Anything else is unacceptable. I would not have left without being paid.
You already know this, since you teach business, but I'm saying it for everybody else: A business needs a cash cushion. If at all possible, make sure you have enough money in your checking account to cover paying the band, even if you don't get paid. One way to do this is for the down payment to be enough to cover such a contingency. Don't spend the down payment before the books are closed on the gig. Think of it as a short term loan.
It sure is.
Imagine the caterers getting to the end of the night and being told "Tony has it". I'm pretty sure they won't slink off into the night hoping to preserve the peace. They will get paid.
My rule is 100% of the balance is due after setup but before the event starts. Only once have I had to threaten to strike the stage before the check magically appeared. 25% at booking and another 25% 2 weeks out. With a little planning these issues rarely happen.
I'm equally certain any formal event vendor concerned with their reputation would not make a stink during the event and opt instead to collect after the event had ended, the lesser of the two evils. I'm just as certain that escalating an already awkward situation is extremely risky. I know many caterers (and photographers, and florists, etc.) who would completely agree.
The words "Pick your battles wisely" were never more true than in this industry.
Agreed, the more structure you put into it in advance, the more rare this situation becomes.
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While I agree that you don't want to burn bridges and you want to maintain professionalism, I have to disagree.
As OP said this was a one off with someone he didn't have a prior relationship. The band had already been pre paid. Assuming this was a normal wedding gig playing 1000 to maybe 3000 that equates to between 200-750 a person depending on the size of the band. Most people don't want to just pull that out of their checking or savings with little more than hope to get the money back.
In addition, no offense, but it's highly unlikely most average joes are going to want to pay a lawyer 200-500/hour plus the filing fee, service of process, and other assorted legal fees. (Remembering that unless it's specified in your contract you won't get those costs back and then there still is a chance you may not get the costs back) Most average Joes also would not want to spend the countless time trying to do the lawsuit on their own.
While I understand the family/wedding planner may have had a lot on their plate at the moment, it would have just taken simple communication to avoid this situation. If it was a bad time explain the dinner, dance, etc. was about to start and ask for the band to wait until X time. (It was the bands decision to play a gig 1.5 hours away after all)
Lastly, the band is different then some wedding professionals. The photographer or videographer can take money later because they usually still have post production to do and they have a tangible item (photos/video) people want. However, on the other side every wedding venue and florist I know usually requires payment in advance. (Unless they have a prior relationship)
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Good points, but experience has shown me 1) Causing an awkward distraction over money during the event is never a good idea and can cause harm to your reputation down the road, and 2) These clients virtually always pay their bill, usually within a week. It's not worth the disruption, awkwardness, and potential damage to your reputation to get insistent and escalate an already unfortunate situation the day of the event, especially while the event is still ongoing.
It doesn't seem fair to criticize the legal options either. Why else are we signing contracts with these people? To protect them and ourselves. Small claims court isn't that hard or expensive, and the possibility is remote. Still, I'd go through the process as a last resort.
I've had clients drop the ball and had to wait until after the event for my balance. It's not the end of the world and it's the healthy peaceful diplomatic solution, protects my integrity, and definitely better than animosity (no matter how undeserved it might be). I have found that mentality very beneficial in the long run to my private event entertainment endeavors.
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