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Gig Money
My band recently played a gig at a bar - we were there for four hours and were promised a minimum of $200.
Some friends of the band were there, and they got into a fight (verbal) with the bartender, he got angry and kicked them out. Then waited for us to finish the song we were on, and he turned on the jukebox.
We packed up our things and as we were packing up the last of it, one of the people that was kicked out, came back in to see if we needed any help with anything. The bartender started screaming at her, telling her to get out, when she started explaining herself (and to be fair, no one was acting really rationally at the time - except for maybe the band.) the bartender kept telling her to get out, and eventually grabbed her and tried to push her out. A guy with us got in the bartenders face about it - saying he shouldn't be pushing her around - and yeah. One of our band members broke it up and got the people to leave.
After we got what we believed was all of our things, the band member which got us the gig went in to get the money. We heard the bartender start yelling at him - and it sounded like it was getting very heated - so myself and the other member went in to make sure we had all of our things, since it didn't seem likely that we'd be able to return anymore. As soon as we stepped in the door, he yelled at us and told us to get out. I left right away but the other guy kept going in, eventually all of the band members came out - but we recieved no money for our gig.
When we went there, one person gave the bartender his credit card to start a tab on - and he intended to pay it with the money that he recieved from the gig. We believe that he still may have charged the credit card for the drinks - so we really want our money so we're not in the hole for all of the drinks that were had.
What i'm wondering - is there any form of action that we can take (We're going to talk to the owner again tomorrow and try to settle it when everyone has calmed down) to get our money? Or at the very least to have the credit card bill dropped?
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Maybe give some free advice about: Music?
If they still dont co-operate after this, mention to all the other local bands that you can contact, that this bar isnt reliable for paying you, and they'll soon avoid them
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even though you may not have had a contract on paper i think that the verbal promise that you made can count as a verbal contract so i think that you may be able to hold him to the promise.
i'm not 100% sure though. hopefully have a member who wasn't in a heated fight with him try to apologize for the disruption, and ask someone you know whether or not legal action can be taken to at least get the tab for the drinks taken off.
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I hope your talks went a bit better in the morning after people had cooled down.
If he did charge the credit card and refuses to pay you go ahead and file a claim against him in small claims court. You might not win because you have no contract, but most states recognize the validity of a verbal contract when a service is rendered and then, if he denies agreeing to pay you, it comes down to the judge's belief on what the verbal agreement was and on the correct price for the service rendered.
But if he didn't charge the credit card, I would just let it slide, call it a breakeven situation and move on with your lives (and maybe learn from this experience and don't invite dumb people to your gigs. People who get into fights with bartenders, no mater how surly, and then come back to said bar, no matter what the reason, are not really smart people or particularly good friends, they got you all into a heap of needless trouble. I hope you call on their lousy behavior, the bartender might not have been in the right, but that doesn't make their choices any more sensible.)
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Well, I'm thinking you can take him to court. Although you would have to have a paper saying that he was going to pay you, if you don't have a paper saying you were going to get paid, then you have no case there. Your friend, (the girl) that was pushed around and yelled at can take him to court for verbal abuse and assault (since he did put his hands on her and try to push her out) Your best bet is to talk to a lawyer and see what can be done, then, if needed, hire a lawyer for what needs to be done.
Hope everything gets worked out =]
-ashley
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if they dont give you your gig money you could try threatening to take them to small claims court,which might happen if people are going to be jerks about it.
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