Re: response to a gig cancellation?

[Joshua Huppert <JBHuppert...>]

For a wedding or other musical engagement, this is pretty simple. As long as
you are a member of the American Federation of Musicians, you use a Union
contract and file a copy with the local, you are covered. At least here in
Chicago, our contract says that it cannot be cancelled without written
agreement of both parties. Of course this would not help in the case of a
lecture.

We also get a deposit at the time of signing the contract. This is not
required, but highly recommended by the Union. If the deposit is around a
quarter of the total fee, then this puts you in a much better position if
there is a cancellation. For example, if a couple decided not to get married
after all, you could always say "Well, technically you still have to pay the
full amount, but since you gave me plenty of notice, I'm willing to just
keep the deposit and call it even."

As far as the original question about the lecture, I would say a contract is
a contract, and the organizaion knows that as well as you do. Depending on
your relationship with the Organization, I would say pay up or see me in
court ( unless there was a clause allowing cancellation). More importantly,
next time get a deposit.

Josh Huppert

----- Original Message -----
From: "Bob Wiener" <wiener (at) mindspring(dot)com>
To: "World music from a Jewish slant" <jewish-music (at) shamash(dot)org>
Sent: Monday, May 20, 2002 5:22 AM
Subject: Re: response to a gig cancellation?


> Robert,
>
> Could Egypt unilaterally rescind its peace agreements with Israel claiming
a
> change of management (i.e., that Sadat was shot)?
>
> Here are some general thoughts on the legal issue raised.  (This is not
> legal advice.)
>
> Theory: Under Anglo-American common law the grounds for one party walking
> away from a valid, enforceable contract are quite limited.  The musicians
> hired for a wedding reception may not have recourse if the couple decides
> not to marry, unless there is a specific agreement concerning that
> situation.  (Do any list members have such a clause in their contracts?)
>
> Practice: Asserting one's legal rights may not be so simple.  State small
> claims court are an alternative (unless you're charging President Clinton
> size fees) and should prove (relatively) less costly in money (especially
if
> you represent yourself).  Here, as elsewher in the law, out-of-court
> settlements are always available.  If you do take further action, please
> report back to us.
>
> Practical experience: It would be interesting to hear from other list
> members on their experiences -- performers and attorneys.
>
> Bob
>
> P.S. I seem to recall that we discussed this matter briefly in the past.
>
> ----- Original Message -----
> From: "Robert Cohen" <rlcm17 (at) hotmail(dot)com>
> To: "World music from a Jewish slant" <jewish-music (at) shamash(dot)org>
> Sent: Monday, May 20, 2002 1:19 AM
> Subject: RE: response to a gig cancellation?
>
>
> > Just to check, guys:  Do I have any legal recourse--I imagine I
don't--to
> a
> > Jewish organization's cancelling a (lecture--but I can't imagine it
> matters)
> > gig because the private organization for whom it was, apparently by
> informal
> > arrangement, scheduling lecturers decided, after a change in management,
> > that it didn't care that much about lectures and didn't want to pay
> > lecturers' fees?  (The Jewish organization--had a written agreement with
> > me.)
> >
> > Would appreciate, obviously, any thoughts or successful experience.
> >
> > It's unethical, I think, on both their parts--but I don't know that I
have
> > any legal recourse (other than to a bet din ...?).
> >
> > --Robert Cohen
> >
> >
> >
> >
> > _________________________________________________________________
> > Send and receive Hotmail on your mobile device: http://mobile.msn.com
> >
> >
> >
>
>
>
>


---------------------- jewish-music (at) shamash(dot)org ---------------------+