First Cancelation because of Corona Virus

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ittigger

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Now personally Would I send a replacement... no I would ask them first if they want to search for their own replacement and I’d give them the refund. I take low deposits for this reason.
This is more in line with what we're already saying. They've canceled (not by choice), so we're giving the fee's back.
 

rickryan.com

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What is the recourse .. now that you are sick and cannot perform future events .. because you stuck with the event? Do you now refund your future clients with a last minute cancellation?
I've only had one event, out of 12 years, where I couldn't perform. It was the great flood of 2010 and the event ended up being cancelled because of power and a tree across the road. We made it up a year later. Now have I had events where I was sick and couldn't perform? At least one. I had kidney stones and called one of my other guys, who stepped in and filled the date.

As for the event in the midst of Covid-19, there's no guarantee that I'd come down sick. In fact, if I were to be working a gig now I'd probably put on hazmat gear and make a joke out of it.
 
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ittigger

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As for the event in the midst of Covid-19, there's no guarantee that I'd come down sick. In fact, if I were to be working a gig now I'd probably put on hazmat gear and make a joke out of it.
True, but there's no guarantee that you wouldn't come down sick either. Now that you have it, you pass it on (which is how it's happening now). The reason people are cancelling is not by their own choice. It IS because no gatherings are allowed. If we, the vendors, cannot understand and sypathize with this (because we also cannot perform), then why on earth should they sympathize and be understanding when the tables are turned.
 
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Valerie Hicks

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I hope you guys are right in thinking you don't "have" to return pre-payments if a rescheduling can't be done. I still believe, based on my contract background, that what you have in place WON'T hold up in court .. just my opinion.
totally agree.
I've watched a judge tell a vendor that they were clearly the experts and the only ones able to prove they were not the cause of (said case), but the plaintiff shouldn't have to pay for the damage to their car, so he judged the 2 vendors part of the suit each pay half. The plaintiff had a car fire. Prior to the fire had a car stereo installed. Audio company was able to demonstrate that the burned wiring in the car was not related to the stereo, in fact none of the stereo wiring was burnt so clearly the stereo was not the cause of the fire. The car dealer had nothing. The judge literally said "but I don't think he should have to pay". I know better than to think that a legal decision will be made solely on the contract owners definition and intent and hope.
 

Scott Hanna

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I'm no lawyer and not judging anyone else, but in this extremely unique situation, if the client was unable to reschedule, we'd give them their money back.

Right now, that hasn't happened. Every school dance that has been cancelled had agreed to apply the money to a future date. Every wedding has been rescheduled
 

djtaso

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I'm no lawyer and not judging anyone else, but in this extremely unique situation, if the client was unable to reschedule, we'd give them their money back.

Right now, that hasn't happened. Every school dance that has been cancelled had agreed to apply the money to a future date. Every wedding has been rescheduled
That's what I have been doing. But there are companies who are experiencing clients who are cancelling the wedding reception altogether (still getting married w/ just family in attendance... saw a facebook friend post one today actually). No attempts to reschedule. Those dj's are the one's with the dilemma of keeping retainers or not. The couples didn't even attempt to reschedule. One of my couples actually is still getting married on their original date... but postponed the reception for their friends and family have a chance to share in the celebration.
 
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MIXMASTERMACHOM

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We have an event to do on Friday April 17th at Rutgers in Newark. So far I haven't heard a thing about it being postponed or canceled. My partner says it's canceled. We won't be doing the event. I don't like him possibly jinxing us. As of right now we're doing the event. If it's meant to be God will see that we're doing it.
 

Scott Hanna

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1)So far I haven't heard a thing about it being postponed or canceled.
2)My partner says it's canceled.
3)We won't be doing the event.
4)I don't like him possibly jinxing us.
5)As of right now we're doing the event.
You don't see the contradiction in each of these sentences?
 

DJ Ricky B

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My brother's wedding is on May 30th. Their caterer told them that they need an answer on April 1st whether this event is going to happen or not. My question is, WHY would the caterer need to know almost 60 days ahead of the date on if the event is a go or not?

I told my brother they shouldn't need more than 30 days, and there is still time for this whole thing to clear up and things back to normal by Memorial Day weekend.
That is 9 weeks away at this point! ....Depending on who you listen to, it seems the experts are saying 6 to 8 weeks. Treasury Secretary Steven Mnuchin was just on TV stating they are pushing a 1.8 TRILLION dollar stimulus package for Americans. They are designing the package around this shut down potentially lasting up to 10 weeks from now. He said they will re evaluate in 10 weeks if the country needs another stimulus package.


I have not heard anything at all from my May 24th client. I am not going to attempt to reach out to that couple for at least 3 weeks if I don't hear from them. I still have not heard from my April 25th client. I think they are trying to really hold out because they already post poned once from November to 4/25. I will contact them on Friday if I don't hear from them by then. My May 16th wedding was cancelled. Now, the plan is I will help my brother out on a wedding I booked him for that day if that one does not cancel out, and ends up being a go.

This really all depends on if we can flatten the curve in the next 2 to 3 weeks on this virus, or if it springs out of control and we start reaching the 200,000 case mark.
 

djtaso

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This thread still going on is confusing to me. I am doing what I feel is right based on the advice of my retained legal council. I see a lot of people arguing based on their opinion. Just consult your attorney and post their response.
My response was based an attorney information specifically addressing the situation at hand. Again personal decisions are different than legal. I also don’t know your contracts specific language, so maybe you have something that protects the client if they need to cancel. Mine, like many others, is a blanket statement that says if a client cancels for any reason their retainer is not refundable.
 
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ittigger

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My response was based an attorney information specifically addressing the situation at hand. Again personal decisions are different than legal. I also don’t know your contracts specific language, so maybe you have something that protects the client if they need to cancel. Mine, like many others, is a blanket statement that says if a client cancels for any reason their retainer is not refundable.
And the argument may be .. if the client didn't cancel, could you show up? If the answer is no, then you're in the same boat they are (meaning you also canceled). These people are not canceling by choice - they're canceling because they don't have a choice (based on Gov't action).
 
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djtaso

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And the argument may be .. if the client didn't cancel, could you show up? If the answer is no, then you're in the same boat they are (meaning you also canceled). These people are not canceling by choice - they're canceling because they don't have a choice (based on Gov't action).
Yes without a cancellation notice, you have the obligation to show up. Then your argument will be you can’t get in... which I’ll reply that’s the equivalent of not being provided enough electric power... which I’m sure all of you have provisions that say you still get paid if you can’t adequately set up.
It was the govts action that the event couldn’t be held... it was the clients choice to cancel as opposed to postpone.
 

ittigger

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Yes without a cancellation notice, you have the obligation to show up. Then your argument will be you can’t get in... which I’ll reply that’s the equivalent of not being provided enough electric power... which I’m sure all of you have provisions that say you still get paid if you can’t adequately set up.
It was the govts action that the event couldn’t be held... it was the clients choice to cancel as opposed to postpone.
It's not the equivalent of not being provided power if the venue (all venue's statewide) cannot be open by law.
 
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djtaso

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It's not the equivalent of not being provided power if the venue (all venue's) cannot be open by law.
Correct but your contract isn’t between you and the venue. Bottom line most contracts do not have language covering clients for things beyond their control. As a Result they won’t win. We as djs put exceptions for things beyond our control... getting sick, death, act of god, etc
 

ittigger

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I agree - your contract is not between you and the venue - however, this scenario is unprecedented. It really doesn't matter where - it doesn't even have to be a venue. You, as a business, cannot legally operate currently, and they as a customer, cannot have a gathering. I don't think you'd win if it ever went to court. Again, they didn't cancel because they had a choice (which IS the difference IMO). They would not have been able to have this event in NJ or any of the surrounding areas (DE, PA or NY). That's the problem.
 
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