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Old 05-31-05, 03:31 PM   #1
Matt Baker
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Default Have I been Screwed?

Hello,
Just wanted to get your feedback on what to do with the following situation:

In August an agent contacted me to do a school assembly tour for 4 months. Instead of me doing the tour I booked my friend to do it with me taking a percentage of what he made. Him being my friend I did not have him sign a contract.

During the tour the agent who had contacted me gave my friend a contact for another agent who books similar tours. After my friend finished his tour he contacted the other agent about setting up another tour. Instead of my friend doing the tour he gave the tour to one of his friends.

I told my friend before he booked his own friend for the tour that I felt like the contact he got from the agent should have been my contact since I was acting as his agent. He ended up going around me anyways and booking his friend.

He now says that the situation was very confusing and that he ultimately made a mistake and should have given me the contact and let me deal with it.

My question for you is should I book my friend into any more gigs even if I have a contract with him? I feel like I was betrayed even though it was my own mistake to not have him sign a contract. How should I approach my friend and buissness between us in the future? DId I get screwed?

Sorry for the long confusing post I hope you can make sense of it and give me your feedback.

Cheers,
Matt
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Old 05-31-05, 04:19 PM   #2
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Did you: 1) Act as a freelenace agent placing a performer into a mutually suitable venue and business deal; or 2) Did you take him on as a replacement because you were out sick or something similar?

If #1, the best you could reasonably hope for is that if he was shown extra work because of the exposure you brought his way, he might cut you in for a piece. Albeit a small piece -- because after all, you did none of the leg work on the subsequent gigs.

If #2, then the bastard owes you big time for standing in for you just long enough to take some future work out from under you. Although... just because he was offered the extra work doesn't mean that you would have been. It just could be possible that they would have liked him and his style better than you/yours.

From your post, it sounds alot more like number 1.

Personally, I would feel happy for the guy's success, and hope he makes the best of the break he was given. He does "owe" you, certainly, but for me it would be much more of a "quid pro quo" situation: One where I certainly hope he would graciously do the same for me in return. Like, tomorrow!

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Old 05-31-05, 04:47 PM   #3
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Lurk He owes you a favor and you owe him clarity

Your friend sees that his decision not to give you first dibs on work that came as a result of you arranging the gig was a bad move.
You see it being a mistake not to have a contract to take care of business.
You both learnt something.
Call it strike one ball one
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Old 05-31-05, 05:13 PM   #4
Mr.Taxi Trix
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Default err on the side of generosity

In 20 years of giving gigs to friends, taking 25 bucks when there's room, passing it on 100% when there isn't, the gigs have not run out yet. Somehow, the phone here keeps ringing, often with referrals from those same friends. You didn't get screwed at all, ask your friend to keep an eye out for ya.
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Old 05-31-05, 05:47 PM   #5
Matt Baker
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Default Still Wondering?

The problem here is we are not talking about $25 for a gig we are talking about possibly thousands of dollers lost not only on one tour but others lost to the person who are friend gave the gig to. If it was only $25 it would be no big deal!

Also I did act as a freelenace agent placing a performer into a mutually suitable venue and business deal and my biggest mistake was not having a friend sign a contract.

He is also not in the postion to return the favor or getting me a gig that might cover the difference of what we would make if we had booked another person into the second tour.
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Old 05-31-05, 06:07 PM   #6
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It appears you are stuck on the later gigs/tour -- the one you had no direct hand in setting up -- more than you are the earlier one -- the one where you did do most of the important set-up work.

But the unfortunate fact remains, that even if it had been you working that first gig, there is absolutely no guarantee that that same tour would have been offered to you.

Not only that, but I seriously doubt that any contract you might have actually written would have adequately addressed this type of situation at any rate. You would still be sitting there, angry with yourself with not having thought of that beforehand.

And unless you are preparing to use a 25-page contract with your friends from now on, my advice is still just to let it go, wish your friend well, and hope the (really big) favor comes back one day.
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Old 05-31-05, 06:27 PM   #7
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Generally when working with a agent which I am considering myself in this situation in the contract it states that any work that comes from your performance at the venue the agent has booked for you is the agents work and not yours.

Even though I do not have a contract with my friend I am still abiding by this rule. Even if I did not book the tour for someone else that still means I had begun a relationship with the later touring company and could get potential work through our relationship.

We all know one of a performers most vital assets are his contacts.
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Old 05-31-05, 09:37 PM   #8
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Default You'll excuse me for not weeping.

Thousands, for turning a friend on to a gig. Hmm. You got screwed out of the opportunity to screw a performer.
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Old 05-31-05, 10:30 PM   #9
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Lurk Now now. We're a family we should love each other (knife imbeds in wall)

There are friends and then there are agents.
You 'presume' certain standards but you don't articulate them until you've got all twisted and frustrated over "possible' loss of earnings.
The agent thing is not as easy as the 2 phone calls and the banking of the check and the skimming off the top suggests?
Its not even about a contract. Its simply about stating to your friend. "This contacts important to me, I want to develop it, if it goes anywhere profitable I'll knock off 'X' as a finders fee, enjoy yourself and let me know how it goes."
Your friend built a relationship with another client based on the work he did for you.
He's obviously seen that what he did was a little cheeky, [but then I don't know what your percentage was-(does he?)]

What you did is the reason your now pissed.
You acted like a friend while earning like an agent.
Your performer isn't going to do your job for you, you need to articulate better what the jobs you give consist of re your expectations.
You both made mistakes, he's admitted his, (and apparently is laughing all the way to the bank)
Its not a biggy, its a schools tour. You have no idea when or if he'll be in a position to return the favor. You better be nice to him just in case, he's shafted you once, you piss him off assembly halls might be a thing of the past.
I sort of think you posted to get permission to stay angry.
You have my permission.
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Old 06-01-05, 01:42 AM   #10
Evan Young
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Default what an agent does

will do the legal work if the performers isn't getting paid
will make the phone calls if the hotels are too crapy
will tell the client they can suck an egg if they ask the performer to change the transmition on the tour vehicle
will provide another performer if the current performer gets arrested for narcotics or molests a kid
will provide the performers with company buisness cards

refering a gig to another performer and asking for a refrence fee is different than being an agent. Are you an agent?

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Old 06-01-05, 03:51 AM   #11
Matt Baker
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Default One thing I left out!

He did know exactly how much I was taking. It is not like I made one phone call and sat back and collected checks. I made tons of phone calls and even taught my friend the show he would be performing on his school tour. So I don't think I was screwed out of the opportunity to screw another performer. I acted more as a agent/manager than a buddy who kicked his friend the $300 gig.


Thanks for your responses and your permission to stay mad! All your feedback is valueable.
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