Coyote Beach Gyps Bands Even Under Contract (12-17-2011)
My band, along with other artists, performed at Coyote Beach Friday night under a contract signed by Don of Coyote Beach agreeing to pay $300 for our services. Along with that bill, all band members were to receive free drinks, sell our merchandise, and if an additional 50 people were to show up after the first 50 people showed up, we would get paid an additional $150.
Unfortunately, my band was only paid $83.50 and we ended up paying for our own drinks. After arguing, we did not come home empty handed, but in an agreement that states my band will receive $300 for our services, I'm expecting my band be paid $300.
In this contract, Don "The Purchaser" signed to the agreement to pay my band "The Artist", $300. This did not state that "The Artist" would be paid $300 depending on how well business did that night.
I understand Coyote Beach is a business, and for them to have the venue open to make a profit on their drinks, keep water and electricity running, and pay the hourly wage for the Bartender, they must thrive on customers, but he should not have signed a contract agreeing to pay an amount he could not provide.
This is not the first incident that has occurred with Coyote Beach. In fact, last nights show was a result of a canceled show in the past where we were double booked because of non-professionalism and miscommunication between Don and a co-worker Wayne, who no longer worked their anymore. I could have at least received a courtesy call letting me and my band know not to prepare for a show that was not going to happen. Several people were on their way that night to support us, and I had to turn them back around and tell them they wasted their time and gas money to drive out to see us. We went home empty handed that night.
I go back in my head and wonder, maybe there was a miscommunication during the FAX of this contract to where Don thought we were only going to get paid $300 plus an additional $150 if and only if 50 people show up, but if you look at the contract carefully, these are separate payments from each other and Don clearly understood that they were separate payments when he wrote the words "to get more money" indicating that he knew $150 was in addition to the $300 under the circumstances that "The Artist" provide 100 people. In this contract, Don added to the agreement that we would get paid after the first 50 people. I have a voice mail stating that this was an added agreement only for section 4, line 2 which states"The Artist" would be paid "$150 for every head count of 50 people". Don wrote next to this line, "After 1st 50 people so you would have to have 100 people to get more money". Â We both agreed by initialing next to his writing. It is fine that he was not going to pay us $150 because not enough people showed up, but we should have been paid the $300 regardless.
On another downer, all three artists, including myself, were not able to pull out 50 people to the show. Okay, so we're not famous. I get it. December 16th just so happened to be a busy night for a lot of people, but when you book a future show, you never know who may or may not show up no matter how much you promote it.
I think I speak for all musicians when I say we don't get the respect we work hard for. Performing is not just something we love to do. It is work. We take time out of our lives to drive to our band mate's houses to rehearse for a good show. Our instruments and equipment cost money. Our time and energy are spent loading all our equipment in to our vehicles, using our gas money to drive to the venues, creating flyers and promoting it through any means available.This is a business too, and we work hard to provide good quality service. Honestly, if it wasn't for the Love of music, I wouldn't be working so hard.
I'm writing to you, the community, for your thoughts and opinions. Is this worth suing over or should I just let Karma lead the way?
Thank you for your continuous love and support. (I truly do mean that!)
-Apryle Dalmacio
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