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A No Show

Brian Martin
02-17-2007, 02:21 AM
I've seen this DJ's name around a lot lately that I wasn't familiar with so I asked another DJ I know if he knew who he was. He said that he didn't know him but does know that he was suppose to do a Valentines Day dance at the Elks lodge and never showed. When they called him to find out why he hadn't shown up at the dance yet, he said that he had car problems. A short time later I remembered I saw his name on a sign in front of a restaurant advertising a Valentines day function. It's obvious to me that this is a classic example of a DJ that doesn't issue a contract and took another gig for more money.
I guess I should stay out of this, but I really feel like making a phone call and letting a certain someone know what happen to their DJ. Sooner or later this will catch up with him, but it really bugs the hell out of me.

HiDefDJ
02-17-2007, 02:24 AM
I've seen this DJ's name around a lot lately that I wasn't familiar with so I asked another DJ I know if he knew who he was. He said that he didn't know him but does know that he was suppose to do a Valentines Day dance at the Elks lodge and never showed. When they called him to find out why he hadn't shown up at he dance yet, he said that he had car problems. A short time later I remembered I saw his name on a sign in front of a restaurant advertising a Valentines day function. It's obvious to me that this is a classic example of a DJ that doesn't issue a contract and took another gig for more money.
I guess I should stay out of this, but I really feel like making a phone call and letting a certain someone know what happen to their DJ. Sooner or later this will catch up with him, but it really bugs the hell out of me.


In defense of the DJ it's not HIS fault about the contract.

I'm not saying the DJ was right in what he did but the client should have insisted on a contract.

DJMN
02-17-2007, 08:24 AM
Trust me....I would call! MAKE HIM HONEST!! :sqcool:

Steve Miller
02-17-2007, 09:05 AM
I think a lot depends on the situation.

I had a resort ask me if I was open for New Years Eve a couple of years ago in July. I told them I was and I faxed them a contract, a month went by without response, I faxed them another. When it got down to October I called them and asked if they recieved the contract, the manager told me yes he had but they were not ready to sign yet because I was a little high on the price. I told him no problem and went ahead and booked another client.

New Years Eve comes and I am at the gig that signed the contract when my wife calls and tells me the guy from the resort called and wanted to know where I was at. I told her he was a non-book because he never sent the contract back.

Next day the guy calls me all pissed because he had three hundred guest expecting a DJ. I ask him to find his contract which he said he had it in hand, I asked him did you send it to me by the return date OCTOBER 1, he said I don't have to return it we had an agreement. I responded do you see my signature anywhere on it? NO DUH!

The thing is he was fishing around trying to find someone cheaper rather than sign and return my contract, in the end he lost out and tried to blame it on me, but the blame won't stick.

It could be the same situation here, if the client doesn't follow up, I am not going to chase them around I will go ahead and rebook the date if the contract isn't back in my hands by the return date.

Brian Martin
02-18-2007, 02:09 AM
Steve, in the situation you mentioned, I couldn't agree more. However, I did find out that this no show was booked several month ago and was paid a deposit/retainer.

Steve Miller
02-18-2007, 09:06 AM
Brian,

If a retainer was paid a contract was made and the client can now sue the DJ for the expense of the second DJ, plus the retainer plus cost. If no second DJ was found then the first DJ may be liable for all expenses and or lost revenue of the party host/client, ie food, venue etc.

spinnermusic
02-18-2007, 10:34 PM
I think a lot depends on the situation.

I had a resort ask me if I was open for New Years Eve a couple of years ago in July. I told them I was and I faxed them a contract, a month went by without response, I faxed them another. When it got down to October I called them and asked if they recieved the contract, the manager told me yes he had but they were not ready to sign yet because I was a little high on the price. I told him no problem and went ahead and booked another client.

New Years Eve comes and I am at the gig that signed the contract when my wife calls and tells me the guy from the resort called and wanted to know where I was at. I told her he was a non-book because he never sent the contract back.

Next day the guy calls me all pissed because he had three hundred guest expecting a DJ. I ask him to find his contract which he said he had it in hand, I asked him did you send it to me by the return date OCTOBER 1, he said I don't have to return it we had an agreement. I responded do you see my signature anywhere on it? NO DUH!

The thing is he was fishing around trying to find someone cheaper rather than sign and return my contract, in the end he lost out and tried to blame it on me, but the blame won't stick.

It could be the same situation here, if the client doesn't follow up, I am not going to chase them around I will go ahead and rebook the date if the contract isn't back in my hands by the return date.

Ok - I am in this EXACT SAME situation ... almost... right now.

A woman called me to book me for her daughters' sweet 16. She invited everyone in her school and then some and is expecting around only (haha ..only) 300-350 people to show. She called back in December and I gave her a quote of $500 for the 5 hours - including lights and everything - and that it's at a historic castle - and I can only bring the truck/trailer so close to the building - so I have to lug my equipment up a ton of stairs and then to a loft.

Well - I snail mailed the contract with a deadline of 10 days to mail it back with the $75 deposit (Was due December 18th). about 2 weeks later I called her back and she said she never received it. So I stayed on the phone with her and e-mailed her a PDF copy (I've had problems with people changing the guidelines...ha) When she said she recieved it, I told her to print 2 copies and mail them with the deposit by the following Tuesday.

Of course, I never got it.

Since then I've been e-mailing and calling once in a while to find out what the hell's going on - but no return calls.

Well the big night is this Saturday and I was talking to a friend that knows this ladies daughter, and he said that he has the invitation with my companies name on it - and website for DJI requests... and kids have been making requests.

So yesterday I gave her one final call. No answer. I left a message saying they had to call by today to confirm or not. I locked the group and the girl out of DJIntelligence.

Well this ignorance p!$$3$ me off so I decided that it's not worth it - and I'm not going to show up - why shoud I?

I explained to people I know that are friends with this family and told them to talk to them - but still nothing.

Am I right doing this? I know she can bad-mouth my company - but there was no signed contract, confirmation, etc.

Steve Miller
02-18-2007, 10:57 PM
Spinner,

If she hasn't returned the contract and/or retainer you are not obligated in the least. However if you get the call at the last minute you need to stipulate that payment must be made in cash before the first piece of gear is unloaded.

Been there done that already!

awdj
02-18-2007, 11:54 PM
I wouldn't get arrogant to her about it, as much as you might want to. Steve is right on the money -- if you're still free that night, explain to them they're LUCKY that you're still free, and that you WOULD have accepted any other events that night had any come up, since they never booked. I would probably even go so far as to bull**** and say that you WERE just leaving to go visit family for the weekend or something, so they realize that you weren't kidding around.

If they call last minute and they've got the cash up front, do it. Maybe even add a PITA charge for the steps, etc. I wouldn't simply turn down the event last-minute because of no contract, unless I had another event booked, obviously.

Chances are they're going to have a castle full of kids, and realize, "Oh s***. We actually don't have any entertainment" and guess who gets the call...

DJ PAUL
02-18-2007, 11:58 PM
I don't do anything without a signed contract and full payment in 10 days prior to event. My motto: "No dough no show"
I would make one last call telling her you will not be showing up as you have another engagement. Usually I will call them if I haven't received a signed contract 1 week after I send it. No contact/retainer fee I write it off. The date is open until I receive one I make this clear in the intial contact.
Hope everthing works out for you.

Paul

Request Line Productions
02-19-2007, 12:02 AM
This is a tough one. First, I think you under bid this job. (That's right, I said it LOL) Second, you have to consider that this lady may just be

1. a fruitcake
2. too wealthy and entitled to be bothered with formalities.

So now you have to decide where pride ends and business begins.

Personally, I wouldn't go. I want the same respect I give.

Fred Stewart
02-19-2007, 12:13 AM
Business is business. Business transactions require both parties to act in a timely manner. You kept your end of the bargain and the ball is in their court. If the other party drops the ball, it isn't your fault.

It is now fewer than ten business days prior to the engagement date. You have no signed service agreement nor retainer fee. Depending upon how your agreement is worded, you should not be held accountable to the other party.

Should they contact you at the last moment, it's a judgement call on your part. Payment in full accompanied by a signed service agreement should be in your hands before the first item is taken off the truck.

Don't let anyone squeeze you into a position that may inhibit providing your service in a professional manner.

Hope it helps.

Cap Capello
02-19-2007, 12:13 AM
Spinner : I'd be there, my brother. I'd be there for sure!!! :sqmad:

Why you ask?

Not giving a rats pahtooty about the money.

1) We did not have a contract? ...okay, things happen;
2) They failed to communicate? ...okay, things happen;
3) They used my name in unauthorized advertisements? WHAT???!!! That's liable in anybody' part of the country.

She and I would talk about the contract, talk about the event, and we'd calmly discuss the FRIGGIN LAWSUIT!

Am I over-reacting? With reason.

18 years ago, I was unable to to fulfill a request for service for an Oldies Night Fundraiser as I was already booked when they got around to calling me.

I recommended another DJ who was quite capable (probably more so than I). They called him. They booked him. He sent his contract, they signed it, they paid him the booking fee. Other than giving the committee this guys phone numbers, it was strictly hands off for me.

Two weeks before the events, the announcements hit the papers and TV that it was "Cap Capello" hosting the vent. Never saw any of it personally.

A week or so later, a got a couple of nasty calls from angry folks wanting to know why the DJ switch. "What switch?", I asked incredulously.

Then the whole thing came to light. The committee used my name to drum up business even though they knew I wasn't going to be there.

To this day, 18 years later, I still fight that impression. "Do we get you or one of your people?" I've never had "any people"!!!!!!

Spinner, cut this off before it gets out of control. You are IN CHARGE of your career and reputation.

And if she wants you to perform after your enlightening revelations, charge her triple.

Yessir, I'd be there, and in a not so condescending manner.

Fred Stewart
02-19-2007, 12:24 AM
Threads merged. :)

Steve Miller
02-19-2007, 12:30 AM
Ow I missed the part about the flyers....... This is not good, Cap has made a really good point on this subject.

Bill Hollick
02-19-2007, 12:32 AM
Spinner, I've gotta ask. Did any of the contracts you mailed or e-mailed to her have your signature on them?

I'm not being judgemental of your business practices here but I've heard of DJs who do this to save time.

If that lady is holding a contract with your sig on it, I think most of the advice you've received in this thread so far is about the change abruptly.

spinnermusic
02-19-2007, 04:29 AM
No - I SNAIL mail (so they get the legit copy that I created) - a few years ago I had a problem and when I showed up for the event under the contract that both I and the client signed - she handed me a check for $150 on a $600 event - she must have opened it in word and changed it - and I didn't expect it from her or anyone for that matter - she seamed very nice and cheerful on the phone. But I couldn't refuse - I had no proof of the original contract - and I signed the altered one.

Well - after a nice calm confrontation and a lawsuit threat (she had no idea I wouldnt follow through..haha) - I actually got the quoted amount - and then some!


But to answer Bill's question - I never sign a contract until the party signs two copies first.

Cap Capello
02-19-2007, 04:04 PM
Spinnermusic : Use an unalterable .pdf file. Email two copies. When you get both back, scan their booking check on the back of both, return one signed. Now both are legit.

DJMC
02-20-2007, 08:11 AM
My mantra:

$$$ talks & B.S. walks!!!

spinnermusic
02-21-2007, 12:04 AM
Well, since Christmas, I haven't had a weekend off - so today - I called from a phone at a restaurant to leave a message - and guess who answers? Ha! She obviously forget she was screening calls! Well she says "Oh hi Dave! Sorry I haven't gotten back to you! I mailed the contract last Monday - but I see you haven't cashed the deposit?"

I ACTUALLY BELIEVED HER TOO! After a talk that the party was definitely still on, I hung up and went to look for the lost deposit and contract! Well around 4 I called back (3 hours of looking later) and the husband or whoever the man was answered - and I talked to him since the woman wasn't home - and I explained the situation - and told him that I never received it... he laughs and said "I'm sorry - It's actually sitting right here on my wife's desk - but not in an envelope?"

I got pi$$ed and told him that I was cancelling our services for the party - they never cared to send the contract and deposit - or call me back - and LIED to me - he fought it and we hung up.

The wife calls me about a half hour ago and told me she was taking me to court if I didn't show up because we have a signed contract. WHAT? HAHA I NEVER SIGNED ANYTHING! but she says she has my signature on it? I told her my father is a lawyer - which he is - and that (seriously) - if she tried to badmouth my company and make such lies like that and that she actually thought it would hold up in court? Well bottom line - I have Saturay night off for once in a blue moon - and no court battles to worry about!!! YES! Score one for the home team! haha


I guess she's bipolar and mentally handicaped (not retarted - just some form of split personality)

I've been lucky though - in 7 years only 2 problems like this (this one and the one I mentioned a few days ago).

Did something like this ever happen to anyone before? Please tell me I'm not the only one!

Steve Miller
02-21-2007, 12:25 AM
Read post number 4 in this thread!