It is appearing to me more, all the time, after joining this group, that while lots of anger, whining, and disgust are being expressed...no one is taking action they are legally entitled to, that I DO take action on. And that is not being paid for a performance, regardless of the agent, verbal or written contract, regardless of the circumstances: if you played at a venue for at least 15 minutes on a bill, and you have a picture of the gig, you should be filing small claims for payment against these venues and agents/bookers/promoters. Regardless of your quality as a band, either! It doesnt matter. Ive never had one judge in a small claims hearing ask are you a good band? or how many people did you bring in? or ANY questions having anything to do with what do you think you are worth?. JUST THE FACTS: We showed up on time, we played, and we did not get paid by the agent/booker/promoter and venue. Wed like to be compensated at the Federal Dept. of Labor rate of $______ per hour per ____ (number of musicians). Thats it, according nearly all state laws I am aware of. The agent/booker/promoter and venue might or might not have a written contract with you which may or may not comply with state labor/cabaret laws. The judge may or may not choose to take his/her time to read the contract, and determine if it does or not. More than likely, he/she will simple follow state labor and cabaret laws, and not care about the contract. Since the amount will be under most small claims court amounts, then, they most likely will not refer you to filing a civil claims action in a superior court. Stop whining, start demanding your money from them. The worst that can happen is that you pay $10, $25 (Seattle/King county small claims court cost) or $35 to annoy the living hell out of these rip offs. Happy filing! :) I post this as an experienced small claims filer, not as a licensed attorney or legal representative of any kind.
Posted on: Tue, 06 Jan 2015 22:40:06 +0000
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