last minute booking obligations

[Ricesnaps]

If I was in this situation and no contracts had been exchanged & they hadn't paid a deposit or signed anything, then I don't think I'd be able to get anything out of them, and wouldn't even try.

Also, if you start trying to bill them for cancellation fees etc, and they need a disco in the future, what are the chances YOU will get the booking?

To be honest here Rob, the gig was completely out of my usual area, so even if I'm asked again, I have no intention of taking gigs that far away from home again - unless of course it's a direct booking.

I really don't want to go into any details at all here, but those I have shared more with are suggesting that there is a libel issue to consider as well (and I'm afraid without the detail that will probably make no sense at all, so don't worry about it).

The info I have on contractual arangements actually say that there is no need for there to be signed contracts in place for there to be congratual agreements. Maybe this is a learning curve. I think sometime I try to bend a little to far backwards!

[Solitaire Events Ltd]

The info I have on contractual arangements actually say that there is no need for there to be signed contracts in place for there to be congratual agreements.

I'm pretty sure that is correct too. Verbal contract etc. I'm not sure it's worth persuing though.

[rob1963]

To be honest here Rob, the gig was completely out of my usual area, so even if I'm asked again, I have no intention of taking gigs that far away from home again - unless of course it's a direct booking.

I really don't want to go into any details at all here, but those I have shared more with are suggesting that there is a libel issue to consider as well (and I'm afraid without the detail that will probably make no sense at all, so don't worry about it).

The info I have on contractual arangements actually say that there is no need for there to be signed contracts in place for there to be congratual agreements. Maybe this is a learning curve. I think sometime I try to bend a little to far backwards!

Ricesnaps,

My advice was based on what you posted, but I obviously don't know the full story - in which case you should ignore what I said!

I hope you're successful with whatever action you decide to take.

[Ricesnaps]

I'm pretty sure that is correct too. Verbal contract etc. I'm not sure it's worth persuing though.

I have to say I do agree with you and the off forum advice I have too. I'm just so mad about this! It's one thing to have a gig cancelled by a client at the last minute, but quite something else when it's a member of our own industry who pulls the plug in favour of someone else.

I am quite looking forward to not having to drive 150 miles on Saturday, to having a night in with the Mrs, watching X-Factor (well maybe not really, but it is the auditions and they tend to be good for a laugh). But that's not the point!

[Ricesnaps]

Ricesnaps,

My advice was based on what you posted, but I obviously don't know the full story - in which case you should ignore what I said!

I hope you're successful with whatever action you decide to take.

Don't worry about your comments Rob, they were taken in the light they were intended, honest! I just get so so frustrated when i try to do everything right, dot all the i's and cross all the t's, ask all the right questions, try to fit in with other people.

I wish sometimes I was the type of guy who could say "that's the deal, take it or leave it". Unfortunately I do try to "work things out". Maybe I need lessons in hardening up!

[TonyB]

A contract doesn't have to be signed to be binding. It can be verbal and provided that both parties agree to it, then it is binding.

If you have made an offer of service and the client has agreed to accept at your terms and conditions then it is binding. The client doesn't have to read the terms and conditions, you just have to prove that they have received them (a signed contract takes away the element of having to provide proof).

So if you have something in writing (an email?) confirming that they have accepted your offer of service at your terms and conditions, then you should be able to recover any remuneration due to yourself in accordance with said T & C's.

If the matter did go to court, it is likely that a judge would make a ruling on the grounds of reasonableness . In the clients defense, they may well say that you weren't booked to do anything anyway and therefore have not suffered a financial loss. In your defense, you have incurred a loss for time expended in dealing with the booking and potentially lost the chance of accepting work elsewhere by making yourself unavailable for the date of the gig (offers of other work were available through the forums/agency/contacts?).

If they refuse to pay, action through the small claims court doesn't cost much and if someone has let you down, it will teach them a lesson.

https://www.moneyclaim.gov.uk/csmco2/index.jsp

[Corabar Steve]

Have they paid a deposit?

[Ricesnaps]

Have they paid a deposit?

Unfortunately not Steve :-(

[Corabar Steve]

Then I really can't see that you have any grounds. All they've been doing so far is asking about your services & how to pay should they wish to book you. I don't think enough has been said to constitute a verbal contract.

[Ricesnaps]

Then I really can't see that you have any grounds. All they've been doing so far is asking about your services & how to pay should they wish to book you. I don't think enough has been said to constitute a verbal contract.

One of the emails gives confirmation of how I would have been paid, rather than suggesting that this MIGHT be an option.

Still I'm feeling a bit better now anyway!