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Old 07-02-11, 12:54 PM   #1
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keithleaf's Avatar
Join Date: Sep 2005
Location: NY
Posts: 13
Default Was I acting as agent? Who is right in this?

Hey all,
Can someone take a look at the e-mail conversation and let me know if I was in the wrong here? Was I acting as agent? Who is right in this? My e-mail start with Hey or Hi Mike he does not address me so his start with '-' for Mike. Thanks.

Original E-mail title : Camp 45 minutes $300 Wednesday June 29th 2 - 2:45 pm

Hey Mike,
Are you available next week, Plainview, NY 11803 Wednesday June 29th 2 -
3 pm camp 45 minutes $300?

-Yes I am...would this be juggling only?

Hey Mike,
Thanks for quick reply, I will find out. Most likely do what you want, all your A material, some fire at the end. I will get back to you shortly; should be e-z gig
Hi Mike,

Here is info that you need. Thanks.
Location: xxxxxxxxxxxxxxxxxxxxxxxxxxxx
Contact: xxxxxxxxxxxxxxxxxxxxx Camp# xxxxxxxxxxxxxxx
Name of camp: xxxxxxxxxxxxxxxxxxxx
Show: About 45 minutes or more of Magic, juggling.
Date: Wednesday June 29th
Time: 2 - 2:45 pm about

- Thanks I'll be in touch with her today to touch base.

Hey Mike,
Did you have a good show, but How Did it go?
What is address to send you check? Should it be made out to Micheal xxxxx? Thanks again,

-The show was great...a little windy but such is life. Traffic on the way home was awful. She wrote me a check yesterday.

Hi Mike,
Great, traffic is also apart of life ( sometimes ).
I made arrangements that she was going to pay me, Oh well.
I hope you got the full $350, let me if it is otherwise.
You can send my $50 booking fee to Keith Leaf Hirschman xxxxxxxxxxxxxxxxxxxxx.

- I was out at a gig yesterday...and I'm actually at the hospital with a friend right now. I don't think I am available either of those days.[after offering him somw more work] what booking fee? You never discussed a booking fee with me. When I e-mailed cindy from the camp I asked her for $350. $300 would barely give me a profit after gas and tolls and paying my assistant so I asked her to pay me $350

Hey Mike,
First I am sorry about your friend in the hospital.
Here are a few questions and please think about them.

1) How did you get this gig? My advertising dollars at work, yes.?
2) I was home to get the call from the client before she call or contacted someone else. Yes.?
3) Did the client contact you directly no.?
4) Did I make calls, e-mails, and do paperwork for a gig that I intended to do myself. Yes
5) Did I contacted client and booked a replacement at $300, namely you. After more calls and e-mails Yes.
6) Were there other replacements available. Yes?
7) Did you not agree to do the gig at that price $300 Yes?
Below is the e-mails that I original sent you that says price is $300.
8) Could I have sent someone at $300 yes.

Please don't screw me on this. I am sorry it hardly covered your cost I didn't even know about assistant, this was originally a solo juggling show. Again please don't screw me on this. Lastly we did not need to discuss booking fee because this gig was booked through me; not you, at price of $300.

Thanks for your understanding and please reply, I will be more clear on this point with whomever I hire in the future.
[after calling mike to see if he was going to pay me]

- First of all i never said i wasn't going to send you your booking. i said to you that you never discussed it with me which you should have. i have never dealt with someone so unorganized and unprofessional when dealing with a client and a sub for them. You're right you got the call but once you can't do a gig after you book it i think that is incredibly unprofessional!!! i think if you can't do a gig than don't book it. If you want to be in the business learn the correct ways to do business. You don't hide things from someone who is doing you a favor by taking a gig for you for what ever reason you can't do it. Your check will be in the mail by Monday
[after calling client to stop payment on check and finding out that he had a poor performance]

-Don't ever call me and threaten me [not physically but stopping payment on check] again like that. and as far as weather they like to the show or not doesn't matter to me. About 40 kids came up to me and told me they loved it. I didnt do they show for u for the staff or for cindy. I did the show for the kids. That wasnt my best show but even if it was they probably would get it. I've got a degree in child developement and child psychology...i know how kids work and thats how I write my shows
Mike Simon

-i guess my first e-mail didn't send. you're check will be in the mail by Monday. i think you're completely unprofessional learn to communicate with the client and the sub if you're going to back out of a gig after booking it. I also never said I wasnt going to send it to you I was just telling you the situation that u caused by lack of communication

Hi Mike,
Thanks you. I will make things more clear in the future to whom every I book, I appreicate your honesty.

-I hope you are more clear. I've never had anyone that I've gotten a gig from negotiate the gig and not give me all the details. I've also never seen anyone who isnt an agent collect a booking fee. I think it's pretty underhanded the way you handled this gig. Please tell me how I should handle this? Cindy signed my contract which clearly states that my compensation is $350 Hi Mike,

Hi Mike, Thanks again, I made it very clear to Eric xxxxxx, my other sub; what the deal was and he was in full understanding already. And yes you are right I should not take gigs I can't do, except; I didn't know that I was going to book a month at a resort in the Caribbean with the option to do a 6 months to a year. That is why I will continue to have alot of work for other performers.

Hi mike My bad, I just assumed since we didn't talk about pick-up, that you were not going to ask client for it in your name and was certainly not expecting you to renegotiate deal. Call me all the names you want, but in my mind I was not giving you this gig; but booking you for it. That is why I was acting as an agent, ergo the fee. Anyway I took a chance on you because you were the first to respond, and I am a stand up type of guy. That is why I did not book xxxx or xxx or anyone else that might have been available.

Hey all we can do is learn from our mistakes, next time I will write out agreement for performer as well. If I had an entertainment company name, (Like Crazy Monkey entertainment) would that have helped?

PS I am sure that the kids loved your show and I wish you all the continued success as I performer.

- I guess the point of whether you handle it correctly or not doesn't matter. my point is she entered a contract with me for $350. had you not withheld information from me this situation would not have occurred. and obviously your agreement with her was not clear to her since she was supposed to pay you and not me but obviously did the opposite. she entered into agreement with you for a certain amount of money she also an agreement with me for a certain amount of money. I believe it's her though that owes you 50 dollars and not me. I will most likely be at the hospital for the rest of today. I really would hate to be the bad guy here but I do have a contract

Hey Mike,

Just a few e-mails ago you were sending me a check by monday. What happened? What information did I withheld; that I was booking you for a gig, or do you think I should just give all my client away whenever I book someone. If I had some BS entetainment company name would you be pulling this crap?
Do you want to get the client involved in this becuase I didn't, until it seemed like you were not going to pay, and here we are full circle. Either your going to send me the money or not. Which is it, I don't want to waste anymore time on this.

-I don't want to get the client involved either. This whole situation is a result if you not being clear in your deal with her and with me. If you had been clear she would not have asked me who to make the check out to...and I would have known that you were getting a booking fee and would have made it more clear in my e-mails with her and my contract which she signed and has a copy of. Why would I agree to do a gig 160 miles away and trust a total stranger to send me my money to begin with? I would asume since you're a "stand up guy" you would realize your mistake and not screw me..but I can see now that is not the case. If you need that $50 so badly then I'll send it right out first thing monday morning. Since it seems like your need for that $50 far out weighs your personal integrity

Hey Mike,

What the? Are you back to the name calling again? Why did you a agreed to do a gig for the price of $300 in the first place? I think your screwing me.
I want someone else?s take on this, I think you tried to steal my client and are trying to use psychological tricks not to have me ask for what is rightfully mine.
I am asking for Third party arbitration from other performers, we both state our case and have them vote. NYC jugglers, magic cafe, or other.
Finally I am more then happy to let the client decide; she was ready to stop payment on your check, I told her not to; because you said ' you never say you were not going to pay me' which I thought meant you were going to pay me and not go back on your word.
Please state which forum you would like to proceed in and please don't send me any money until we have verdict from other performers or client. PS The only mistake I made was hiring you for this gig, obviously.

-This is not worth my I said in my last e-mail if you need the $50 so badly it's yours ... I'm done wasting my time

Hey Mike,

Was $50 worth burning bridges? Maybe you need it so badly. I am done as well. Please send to Keith Leaf XXXXX xxxxxxxxxxxxxxxxxxxxxx. If is doesn't show up, I will then know what type of person you really are.

-Ohh don't worry i'll send it out when I return home on monday. And if I didn't send (which I will) it would just prove i'm the type of person who lays everything out in the open and in his contracts and honors those agreements unlike some. Good luck with whatever sort of business that you run

Hey Mike,
Same to you.

Last edited by keithleaf; 07-03-11 at 12:34 AM. Reason: Post had my home address
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