Consumer Law, Warranties Musicians rights

[htgrl]

I have a verbal contract question.
My husband is a musician and played a gig on New Year's Eve. The verbal agreement between the band and the bar was that there would be no cover charge for the show and that the band would recieve 20% of the profits from food and drinks sold between 9PM and 1AM. According to the bar there was 700 people through the door that night. Yet they claim only $3,400 in sales between 9PM and 1AM. The vocalist called at one point to ask the total (BTW: it took them three days to get them their money) and the girl on the phone, first told him $8,400, then covered the phone talked with someone and said "Oh no, I guess it was $3,400." Apparently when the verbal agreement was made, it was made between the vocalist and the manager and there was supposedly one other witness. Do we have any right to ask to see the books? Cash register tape? etc? We all believe that they made substantially more money then they claim, especailly after the girl on the phones slip up. What rights if any do they have?

 

[softwaredev]

In your statement you say "the band would recieve 20% of the profits from food and drinks sold between 9PM and 1AM." Not 20% of sales but of profits. Determining what the profits are for one night and between 9 and 1 will be difficult.

When the girl on the phone quoted you $8,400 was she quoting you sales or profits? Or was she just honestly misquoting? $3,400 may have been the profits.

They may (probably not though) run a tape of everything for the night but I'd bet it's not itemized by time and by product. If the time and product codes are not on the tape, it will be near impossible to determine. Not all products have the same mark up so determining the profit based on a tape will be impossible at best.

Just my opinion. Good luck.

 

[Michael Wechsler]

Superb answer by softwaredev. The difference between "gross" or "revenue" and "net" or "profit" makes a tremendous difference in contracting. It is also frequently overlooked.

 

[htgrl]

I talked with hubby. It was supposed to be sales. Not profits. They only got about $680 bucks.

 

[Michael Wechsler]

You might want to tell them that you'll take them to small claims since your percentage probably results in take home of $2,000 to $3,000. You can tell them that if they do not pay you what they should, then you'll file in small claims court and then issue subpoena's for them to produce the information about all of their cash receipts and anything related. It will cost them more to comply and hire their own lawyer. May work. In the future, document everything even if it is small.