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"Incase it Rains" Clause

Started by ritarocks, July 31, 2003, 12:14 PM

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ritarocks

I think its a good idea to include the ole "Incase it Rains" clause to your band's contract, whatever your band's stance may be on this, whether it states the venue is still responsible for 100% of the payment, only a partial amount or none.  Gray areas only leave opportunity to get shysted.
Now if you want to give the bar owner a break on price out of the kindness of your heart when it rains because he gives you a lot of gigs and you want to retain the venue as a steady gig, that's cool.  But the fact that it rains suddenly doesn't take away from the fact that your whole band has traveled all the way to the gig and set up all their stuff.  THAT in itself deserves at least some sort of base pay.  I think its the club's responsibilty to have an alternate indoor stage area incase it rains. (my opinion)
A non-refundable partial deposit up front is a good idea too, I think.  Accidental double bookings are way too common around here to not do this.  A lot of great musicians I know don't even use contracts.  (and I always see them getting screwed over as a result.  duh!)  I don't understand this.  I think having a contract is not an insult to the binding party, but rather adds to laying the foundation for a good working relationship.  

drumwild

Having a contract that covers adverse weather conditions would be a good thing if you have a steady gig with a club or if you end up touring on a larger scale. Considering the crazy stuff I've seen in riders, I would think this seems relatively reasonable.

Our industry showcase on Monday night had a poor draw due to monsoon conditions. The rain stops everything out here when it happens. Lightning makes it worse.

I was a little concerned about the gear getting wet, but was REALLY concerned about handling cymbal stands with all the lightning! Forget breaking down the stands and putting them in the bags... I threw those lightning rods into the back of the truck ASAP.

This was a showcase for agents and we weren't expecting to make any money. Still, we made certain the agents understood why there was no significant draw (something they consider out here). In the back of my mind, the adverse weather still had a negative impact on the showcase.

We have no contracts for these type of events.

When I played the circuit in Indiana, rain and snow didn't slow things down much. In LA, a light drizzle grinds everything to a halt!

I wonder if any of you have suffered a negative impact from a tour or performance as a result of a natural disaster. Tornadoes, hurricanes, earthquakes, and blizzards may not be covered by certain contracts or insurance.

During the winter of 84/85, My band in college was playing a bar when a blizzard hit. The temperatures got down to -75F windchill. A state of emergency was called and anyone venturing outside would be arrested. You could die of exposure in 90 seconds.

As a result, we were stuck in the bar with most of of the patrons for a little over TWO DAYS. The Sheriff was able to take some people to the dorms, but resources were limited. The bar still paid us, but we used a good portion of the money to cover the cost of everybody being stuck (mostly food costs).

That's my weird experience.

random

wow dan!  two days... jeez...

ritarocks

Quote from: drumwild on July 31, 2003, 12:58 PM
I wonder if any of you have suffered a negative impact from a tour or performance as a result of a natural disaster. Tornadoes, hurricanes, earthquakes, and blizzards may not be covered by certain contracts or insurance.


In the case of a natural disaster I wouldn't feel right expecting payment.

random

rita, did you know you're a genius?

drumwild

Quoterita, did you know you're a genius?

I second that!  ;D

marker

I played with a not-too-copasetic band once upon a time, that had an outdoor gig booked.  At first if sounded good,  $500 garuntee.  Then, it turned out we were supposed to provide a large, concert type PA.  I balked, but the band overuled me.  The bassist managed to borrow some extra PA gear,  so the show was on.

As the day approached, the weather forecast was scary, torrential rain mixed with a chilly cold evening.  I balked- the band overuled me again.  The gig was on.

As a precaution, I bought a plastic tarp and some wire to cover my drums.   About the second I got set up and had the drums covered, the rain started, pouring down like a waterfall.   Strangely, it stopped shortly before we were to go on.   So we start playing.   A horrible noise issues from the PA, which has been rained on for quite a while now.  We press on, despite the terrible hum.  Thankfully, no one gets electrocuted.  It starts getting dark.  As soon as it does, it becomes obvious the power supply will not handle the PA and the lights at the same time.  After 3 shutdowns, we pare down to 2 (count 'em) stage lights, and the show goes on.  With the sun down, the temperature drops rapidly.  It gets so cold, I can't hold onto my sticks.  Finally, after an eight hour plus day, it's over.  I couldn't pack up fast enough.  That was the last time I ever played with that band, and I'm very grateful it was.

dougstiers

QuoteAs a result, we were stuck in the bar with most of of the patrons for a little over TWO DAYS. The Sheriff was able to take some people to the dorms, but resources were limited. The bar still paid us, but we used a good portion of the money to cover the cost of everybody being stuck (mostly food costs).

That's my weird experience.
What an incredibly COOL experience. Those are the ones you remember 30 years from now and go "I would do it again".

felix

Rita, I think you might be the new "cafe" sweetheart around here.

Since I am such a nice guy (you all need to learn this drummer cafe "motto") I will go out on a limb and pay Rita the highest compliment one can ever get here at the cafe not to be abused

Yous got cereal girl!

ritarocks

Quote from: random on July 31, 2003, 01:52 PM
rita, did you know you're a genius?

A wise man (or woman) knows he (or she) is a fool.   ;D

ritarocks


Y'all are hilarious. ;D  Thanks for the compliments.  The honor is mine. :)


Quote from: felix on August 06, 2003, 06:09 AM
Rita, I think you might be the new "cafe" sweetheart around here.

Since I am such a nice guy (you all need to learn this drummer cafe "motto") I will go out on a limb and pay Rita the highest compliment one can ever get here at the cafe not to be abused

Yous got cereal girl!


Cereal? ;D  

felix


QuoteCereal?
I havn't a clue, I just work here.  ;D

Louis Russell

Quote from: ritarocks on August 06, 2003, 12:31 PMCereal? ;D  

Thats the way it goes Felix,  Them that gots it doesn't even know what it is!   ;D