So I lost a potential NYE gig today

Jeff Romard said:

With a major corporation. The reason? They sent my contract to thier lawyers and they claim it's not legally binding :sqconfused:

My lawyer says it is.....

They ended up booking a band

Click to expand...

I suppose they are also not willing to tell you why.

Fred Wright said:

I'm wondering what the band's contract reads like.

They didn't offer you the opportunity to mod your contract to suit their requirements? Sounds to me like a tinpot excuse to book a band instead.

Click to expand...

I agree.... seems a bit funny that you were not even sent it back with requested changes... at the hotel we deal with travel agents in this manor all the time.. we send a contract they counter... then we make changes and come to an agreement.....

This didn't happen here which as Fred alluded to or out right said seems a bit of a "Tinpot" excuse to hire a band.

Yeah, sounds like a bs claim to me. Thing is, most all contracts ARE legally binding by default, though certain provisions in them may not be legal or enforceable either as they are written, or in the jurisdiction in question.

This is why I include the verbiage in mine about questionable provisions:

16. All attached riders are an integral part of this contract. This contract will supersede any other contract. If any part of this contract is illegal or unenforceable, the remaining provisions of this contract will remain valid and enforceable to both parties. This contract constitutes the sole and only agreement between the parties hereto and currently sets forth the rights, duties, and obligations of each to the other, as of this date. Any prior statements, agreements, promises, or inducements made by any party hereto, or agent or representative or either party hereto, which are not expressly set forth in this agreement, are of no force and effect and shall not be considered valid or binding. This contract shall not be enlarged, modified, or altered except in writing by both parties and endorsed hereon.

Just let that one go - if they're going to be like that up-front, chances are they would be a nightmare to work with anyway.

Why should they have to explain. Obviously, they felt they were getting a better value by hiring a band. They also obviously felt that your contract could easily be broken, so they called your bluff.. You want to challenge them?

I see no reason to push the issue with a customer who obviously doesn't want to work with you.

Whatever the reason, it's so early in the year that I'd just write it off, and move on.

Sucks, but ;[[at least it's not november.

Just in the interest of being, and LOOKING LIKE a conscientious professional though, I would show interest and concern (even if feigned) and call their bluff asking which provisions they think might be troublesome just so you could look into revising your contract for "future clients" etc. Make it sound and feel like they did you and your busines a "favor" by pointing out that opportunity for improvement.

If they were being honest (which they most likely aren't), they would actually respond, and if there was even a chance that there was a hole like that in my legalese, I for one would not be so quick to just "brush it off" and move on.

Under the circumstances, I don't think you have anything to worry about, but in general practice, I would personally try to pursue it in the name of due diligence. Anything less isn't too "business-like." You consulted with your lawyer who gave it a once-over, but personally I would still try to get the particulars of verbiage or clauses they took issue with and examine them more closely.

I'd let them go as well. But I'd at least tell them why.

I understand your concerns that my contract is not binding but I base my service on performance, my good word, and my professional caring for my clients. My reputation and good standing in the community is binding enough for most but I do understand. Since it seems more important for you to have a solid contract I think it's best that you seek that out first when hiring entertainment. I wish you luck and hope you have a wonderful party. Should there be any concerns with the band you hire or if I can be of any assistance, feel free to contact me anytime.

Or something like that.

Hey, they just may contact you and then you can tell them in a nice professional manner "you're sh!# out of luck".

Their band:
[YT]mHwV2JuwZls[/YT]
No contract

That probably was just an excuse.