This client has had drastic effects on other events and relationships. It will have profound repercussions on Red & Black Music and Diaspora in terms of how we operate as a business going forward.
The Christmas situation was a COVID-19 cancellation. The client attempted to cancel 2x - both a week before and on the day of the gig (16th December) - due to COVID-19 reasons. The pandemic has brought out the worst in people. At the time, the government had no restrictions. The agency was well aware of this. The Musicians' Union advised charging 100% for the cancellation. Since we were not safeguarded, we might have been liable to lose £100's in musician fees plus legal costs if the client refused to pay. The client acknowledged that the government had not explicitly prohibited office parties. But he refused to comply with advice (from both the Musicians' Union and the agency) that standard gig protocols apply. We liaised with HC, NW and JP at the Musicians' Union London office. While they advised us to go with 100% as an initial position, they could not advise further due to staff shortages. So, we were pretty much left exposed (although the agency thankfully stepped in). From start to finish, this client employed Cloak & Dagger, Hidden Agenda / Ulterior Motive and bullying / coercion / intimidation tactics to get out of the agreement without accepting any financial liability. Once the agreement was reinstated, he deliberately tricked me into phoning him so that he could get me on the phone, alone, without the safety net of the agent and Cc. While he had genuine questions about the performance, these were an alibi to distract the phone call from his true intention: to get me on my own and intimidate me into standing down. He played games with everyone, including the agent. It was unhealthy. The entire band, too. On the night of the performance, he made all 5 members in the band wait in a deserted lobby for 6 hours. He did not feed us as promised. He drip-fed vague updates about a health & safety outbreak as if to reinforce his grounds for his initial non-compliance. He attempted to trick us into forfeiting our side of the agreement by waiting until musicians had gone outside to fetch food as a calculated ruse to claim that the band had not upheld our side of the agreement. Above all, we felt unsafe. His behaviour was shady, dark and disturbing. His correspondence was passive aggressive and toxic. It was an ugly situation. All of the time, MM was communicating with us / fiddling circumstances remotely from Colombia where he was staying with his wife. The entire booking was a setup. A sham event that did not exist. He tapped the reception to spy on us. Although the day receptionist (Eva) seemed uncomfortable and tried to help us, the night security guard was in on the conspiracy. From: MM At the end of the night, after I had sat there alone in the lobby for a further half hour, MM sent me an e-mail threatening us with legal action. Pam & I managed to get some of the other musicians back onsite. The security guard refused to testify that we were in the building. I took a selfie with the security guard and e-mailed it to the Musicians' Union. The situation escalated further. The security guard noticed. He became aggressive and defensive. Once HH & RQ managed to calm him down, the three of us recorded a video outside the building to prove that we were onsite. After the events of that night, I kept my phone off until 21st December. Miraculously, when I turned it back on again, I had heard nothing from MM, W Entertainment or the Musicians' Union. Read More... How was everything resolved with that weird gig just before Christmas? Booking on 16/12/21 with Latin ExplosionFrom: Red Black Music Invoice - Latin Explosion - 16/12/2021From: PW Show Advance - Latin Explosion - 16/12/2021From: Rory Duffy 08/12/2021The client (MM) phoned me via WhatsApp audio. Recollection of the phone call: Unfortunately, due to the ongoing situation with the new variant and the uncertain times, he said that he needed to postpone our booked engagement with Diaspora (billed by the agent as “Latin Explosion”) next Thursday 16/12/2021. He said that it had been a tough decision, which had involved many meetings and he has not taken the decision lightly. He has said that he would like to re-book us for January, but he did not specify a date. Immediately, I said that I understand and appreciate how hard it is, but that our standard policy is that any postponements are treated as a cancellation due to the fact that the musicians have turned down other bookings in order to honour this one. I had booked the musicians. We had already rehearsed and invested time in this booking. The client sounded understanding. I said to MM that I would need to speak to W Entertainment to find out what their policy is on this and get back to him on how much that cancellation would be. We would hopefully be able to come back to him tomorrow to iron everything out. First off, there were 2 problems with this communication:
As such:
Show Advancing aside, this was a contractual topic. As such, it was not a conversation that should have taken place directly with the musician. And it should certainly not have happened on the phone! Regardless, W Entertainment needed to know what was on the horizon. Instantly, I reported it to the Musicians' Union. Missed voice call at 3:34 pm From: Rory Duffy 09/12/2021Before I contacted W Entertainment, I checked with the Musicians' Union what sort of percentage I should be asking for on this occasion. I was leaning towards 75% - 100%. Given the circumstances, I did not wish to act unreasonable. However, my main concern was not inconveniencing the musicians who I contracted using the Musicians' Union standard L2 agreements. They had played their part in accepting the engagement. This was a corporate client. Was there a standard Musicians' Union policy / clause that I could cite or was it unusual circumstances given the pandemic? In that case, what percentage should I be asking for? In my e-mail to the Musicians' Union, I included the following:
That way, the Musicians' Union would be sufficiently briefed in the details of my case. HC reiterated the standard "once a gig is contracted, the full amount is due if the hirer cancels, subject only to an obligation to mitigate the losses by trying to find alternative work for the date in question. This can sometimes be more complex if a third party, e.g., an agency, is involved." HC explained how the Musicians' Union standard contracts work in relation to the sliding scale cancellation fees included in other contracts. She also explained the legal risks of using sliding scales. She advised me to go with 100% as an initial position citing that the musicians could look to me for 100% of their fee. I reiterated all of the above to PW (agent) @ W Entertainment. Regrettably, since we were within a week of the event, I would need to charge for the full 100%. But I needed to check W Entertainment's position on this before going ahead and invoicing MM for the 100%. From: HC 10/12/2021
From: MM From: Rory Duffy From: Rory Duffy 11/12/2021From: MM The following morning, I read MM's response. He was not happy. Wishing to "nip it in the bud" and keep my reply as short, sweet and simple as possible (without engaging with MM's negative content), I paraphrased Claire's e-mail template (Read More: Latin Night) in my reply back to MM. My understanding was that this sort of endearment might suck the power out of his argument. While still showing empathy and warmth (acknowledgement towards his frustrated feelings), of course. At this point, the cancellation had not been confirmed. The musicians were still in the dark. I needed to allow some time for the possibility that MM might backtrack. With the Latin Night example mentioned above, LH backtracked. To this date, none of the musicians booked on the 04/09/2016 Diaspora @ Jazz Café were aware that the performance was nearly cancelled. They did not need to know what was going on behind the scenes. Claire stepped in and saved the day. Ironically, I remember discussing the Jazz Café incident in the car with LA and RB on the morning of that fateful journey up to Staffordshire. LA said something along the lines of "being the Jazz Café, they think that they can get away with anything, because musicians around London want to perform there". From: Rory Duffy From: Claire Maillot From: Claire Maillot 13/12/2021
As predicted, MM backtracked. Annoyingly, 4 hours after I notified the musicians. Admittedly, I was half-hoping that he might proceed with the cancellation payment. But he was playing games. The situation was already causing me stress and anxiety. His response sounded sarcastic. He appeared to believe that we were doing this purely for fun. While there is a musical/enjoyment element, there is also a work element. It is not completely Red & Black (one way or another). His response seemed to focus only on the musical/enjoyment element. It did not acknowledge the reality that the musicians had declined other work to honour his booking and were at risk of losing income if the performance was cancelled. Apart from that, his response was ambiguous and cryptic. There was a Cloak & Dagger element to it. Fundamentally, we needed to clear the ambiguity and bring about clarity in our response back to him. Immediately, I informed HC. Shortly afterwards, I updated the musicians. At 13:41, PW tried calling me and left a voice mail. She had been reading through the e-mails with MM and wanted to talk through it with me on the phone. I was a little hesitant about speaking to PW on the phone without first speaking to HC. Just in case she threw in any curveballs of her own. I felt pressurised to respond instantaneously on the phone. I did not know who to trust. At this point, HC referred me to her colleague, NW. We agreed on communication needing to be made in a written form. I paraphrased one of Claire's e-mails about written communication plus a line from the How not to bomb your offer negotiation blog article that she recommended me, to safely articulate this message to PW. For the rest of the day, I did not hear back from PW. I needed to give her another 'heads up' that I would e-mail MM the following morning with the drafted message inside the drafted message. That evening, I updated the musicians on the situation. My message to the musicians needed to articulate that the cancellation might not go ahead while addressing any concerns that they might have about mitigating losses etc. The e-mail needed to be clear and unambiguous, with a clear call to action: to continue inking. Understandably, the bassist contacted me to clarify the confusion over whether or not the performance was cancelled. MM's fluctuating behaviour was confusing everyone. NB: correspondence is presented in reverse order.
From: Rory Duffy From: MM From: Rory Duffy From: Rory Duffy From: Rory Duffy From: Rory Duffy From: HC From: NW From: Rory Duffy From: NW From: Rory Duffy From: Rory Duffy From: Rory Duffy From: Rory Duffy From: Rory Duffy [10:09 pm, 13/12/2021] DI: Good evening Rory. Sorry for texting you so late. I just went through all the emails from today and I’m quite confused… is the gig still going ahead on Thursday? 14/12/2021The following morning, I sent my drafted message to MM. He replied with an even more ambiguous and cryptic message. It sounded sarcastic. Apparently, there was no longer an event. It seemed as though he intended us to perform in an empty office to no guests as a form of 'punishment'. It was not clear how I should respond. Immediately, I ran it past NW, HC and the London office (I received an out-of-office from NW). I felt left in the dark by the Musicians' Union. Fortunately, PW stepped in and sent the tabbed contractual terms and conditions to MM. She suggested that she mediate the communication between myself and MM for the time being. This is what I was hoping she would say. I felt uncomfortable negotiating with him directly. She also asked me to clarify what the cancellation fee would be if MM cancelled and clarified that this must exclude transport. PW reached out to MM and persuaded him to agree to the contractual terms. Shortly afterwards, PW came back to me and informed me that MM had decided to go ahead after all but that we would be performing to just a couple of people in a near empty office. She relayed to me that MM had asked if I could give him a call to go through the details. PW stepped up and reminded him of the terms and conditions and had a chat with him separately. It seemed like he had thrown his toys out of the pram because he had not understood that there are no government restrictions in place to stop events and parties going ahead. The deal was we would be performing to an office of 2 or so people. I reckoned that there would be more of us in the band (5) than actual audience. And they were ordering pizzas and drinks for us! Again, I expressed my reservations about having a phone call to PW. She insisted that it would be a sensible idea to connect with MM on the phone. Knowing that this would be a recipe for disaster, I tried to contact the Musicians' Union to find a conceivable way out of it. I am a musician. Phone calls are not my job and certainly do not play to my strengths. The Musicians' Union were not responding. Now that MM had agreed to pay in advance, I had no other option but to comply with PW's request to connect with MM on the phone. I was cornered. With no way out. NB: correspondence is presented in reverse order.
From: Rory Duffy From: Rory Duffy From: MM From: Rory Duffy From: Rory Duffy From: PW From: PW From: Rory Duffy From: PW From: Rory Duffy From: PW From: Rory Duffy From: Rory Duffy From: PW From: Rory From: Rory Duffy From: MM The phone call...As predicted, the phone call with MM did not go well at all (why did I even fall for such bait?). This critical moment is possibly the point at which the relationship deteriorated beyond repair.
"Hi MM, how are you doing etc.?" "Fine etc." Rory: "So, just giving you a call to check that you are happy with everything and to go through any additional details." MM: "No, I am not happy." Rory: "Good." * long silence * Great start to the conversation. 👍 In my nerves, I accidentally said "good" when he told me that he was not happy. Well, what else what I was supposed to say? "I am sorry you are not happy" might have felt odd, contrived and superficial. I had nothing to be sorry for! Any Self Subjugation might have encouraged further attacks. Perhaps I might have taken the time to properly plan and think through my responses? Oh yes, I forget. It was a phone call. He was on the end of the other line, waiting for me to stumble blindly into his tricks and traps. I felt so pressurised that I let the first words slip out that came to mind. 😑 First, he asked me what music we have been rehearsing. Briefly, I regurgitated to him the genres from our set list (attached). I explained to him that we have stuck to the brief that he asked for:- Wife is Colombian and the client listens to a lot of Cumbia. Generally happy to go with the SALSA + LATIN POP set lists. It would be maybe interesting to slip in a couple of BRAZILIAN (RD can cover those songs if need be). But mainly SALSA + LATIN POP. Well, that was pointless. Why did we have to have a conversation about it? It was written in the e-mail! Read More: "Bookings" in which we. breath deeply down the phone and orally stress the contractual points until they sink into our deeper subconscious, for gentle, nurturing purposes. 🙄 If he wanted PERSONAL, I would give him PERSONAL. Second, he asked me whether the soft drinks arrangement is acceptable. I confirmed that this was completely 100% fine. Next question? 💁♂️ Third, he asked me to confirm which members of the band are arriving at 16:30. I said definitely myself and most likely our percussionist who will be helping me carry the PA. Subsequently, I went on to say that I had set a call time of 16:30 with the musicians and that we should therefore all be there at 16:30. WTF - why was I even needing to explain or justify myself? I did not have the musicians Show Advance in front of me so it took time to formulate my answers. It was a quick fire conversation. Again, why a discussion about the time when it was written in the e-mail? If in doubt, find a clock! Finally, he started asking me ambiguous questions regarding the contractual details in relation to the latest COVID-19 outbreak. Heaven help us. The questions were open-ended, open to interpretation/nuance, something like “do you still think that it is a good idea to go ahead?” I decided to stick with the facts. I explained that I have no choice in the matter. He asked what I meant by that. I reiterated that the musicians have invoiced me for the full fee regardless of whether or not it goes ahead. MM said that he had other suppliers that had no issue with postponement. My impression: he seemed to be implying that I was acting unreasonably. I asked if he could please discuss any contractual details with W Entertainment. He said that he has already done that. He wanted to find out my take on it. He started asking me ambiguous questions about my professional opinion (independent of W Entertainment). I cannot remember the questions. They were asked to me verbally and my mind was in a spin. I said that I would need to formulate a response and get back to him. He demanded why I could not simply give him a straight answer, there and then. Eventually, I cracked. I expressed my discomfort at having a conversation about contractual issues verbally over the phone. I asked him if we could have this conversation in a written form, via e-mail / WhatsApp. What? Another long, awkward silence. I felt like I had said something obscene! Shakily, I persisted. Could we please have this conversation in writing? He said that he did not have time. I asked him if he could please grant me time to formulate my answers and speak to him later in the afternoon. He questioned why I would need to think about it. I admitted that I did not understand what he was asking me. He reiterated that he was asking me a simple, straightforward question. Why could I not answer it? Eventually, I managed to say that I would come back to him later in the afternoon. Just to get him off the phone. He relented. Despite my alarm, I managed to maintain a cheerful, positive and upbeat tone throughout the conversation and expressed my appreciation for this time. These are all the details that I can remember. Exactly as I feared — this conversation should not have happened over the phone. It was sickening. It did not resolve anything. It made matters worse. As a result, the heated exchanges were lost, unmonitored, untraced and unaccounted for. All that I remember is that the tone was sour. How should we proceed? Now, there was an unhealthy atmosphere with this client, despite how much I attempted to appease him. I re-iterated all of the above to PW and expressed my gratitude for her support. During MM's enforced drama of a phone call, I had deliberately put the phone on speaker and started walking around the office when he was interrogating me (I was at work). That way, it was broadcast in close proximity of any colleagues who might be working nearby. My colleague, Maria, overheard the phone call. She demanded me to let her talk to him. She did not like the way in which she was speaking to me. Half the time, I was in shock, pointing at the phone with my mouth half-open and my eyes wide. Afterwards, I felt sick and trembling. The rest of the evening was a disjointed blur of e-mails and phone calls with PW, Pam and Graham from the Musicians' Union London office and WhatsApp with LA. PW was extremely sympathetic and understanding. She seemed apologetic that she had exposed me to this and suggested that she mediate with MM to clear the air. Everyone seemed to agree on the possibility that MM had an ulterior motive. Apparently, his phone call was a calculated ruse to provoke me into cancelling. That way, the client might be 'let off the hook'. If such a cancellation were my doing, that might give MM the grounds to insist that he had honoured his side of the agreement. Thereby disqualifying me from any cancellation fees. Regardless, I resolved to continue treating the booking as a contracted engagement. What a mess of emotional angst over something as clinical as a contract! 🙇♂️ From: Rory Duffy From: Rory Duffy From: Rory Duffy From: Rory Duffy From: Rory Duffy 15/12/2021By the end of the previous day, PW & I agreed to wait and see if the payment would arrive by 10:00. And take it from there. By 10:00, the payment had still not arrived. At this point, PW passed on a message from MM clarifying the question that he tried to ask me on the phone the previous day. I was shocked that MM was still questioning contractual points when he had cancelled, backtracked and tried to cancel again. Basically, MM must pay us. Regardless of whether the actual performance would go ahead or not. We were committed to the date. Payment must be made either in remuneration for the performance or in the form of a cancellation fee. This had progressed too far. I relayed this to PW that it was too late to discuss contracts. PW phoned MM and was 'straight' with him. She explained to him that this was the situation: he had made a booking, the band needed paying. She gave him a deadline of 15:00 to make payment (although we would wait until 16:00 before taking any further action). She explained to him that if payment was not received by 15:00, the band would not be turning up and the matter would be re-routed to a cancellation for which a full 100% cancellation fee was due. I understood that she had also spoken with JP @ Musicians' Union. She explained to MM that if payment is not received, the band were entitled to take legal action and "go through the court". PW phoned MM again. MM insisted that he was fully committed to paying. He said that the payment would be made by 17:00 (within working hours). He also asked PW if the band would consider accepting a separate booking next year and putting some money from this booking towards that booking (subsidising it, effectively). Instantly, I said no. Treat it as a separate booking, it was too complicated (you see, I have manifested what agents have said to us). Given the undue disruptions to this booking, I would rather focus on this booking for the time being. Any discussion regarding future date/s will be a completely separate conversation. The situation had been a headache for all parties (and all musicians) involved. Charging MM in full was completely warranted given the time that we had spent working through this together. Besides, how stupid did MM think I was? My confidence in him as a client had already been completely decimated. Did he truly think that I would trust him with another booking? My main priority was to get myself and the band out of this sticky situation he had already landed us in. MM indicated that he would like to go ahead with tomorrow's performance. He had every intention of paying. Was he aware of the 15:00 payment cut-off point? I understood that he was brief on this in this first phone call with PW. No. He explained that the payment would be with us "within working hours". This did not mean anything to me. If payment was not received by 17:00, we would not attend and the matter would become subject to cancellation terms. PW would put that in an e-mail to MM and Cc me. MM mentioned that he would be the main contact. For the band's peace-of-mind, we would prefer not to have to deal with him on the day. It would be preferable if the receptionist's details could be used instead. Originally, Daisy and Gemma were delegated as on-the-day contacts. Since everything changed, MM stated that the receptionist would be the main on-the-day contact. PW e-mailed MM clarifying:
Finally, MM made the payment. I notified PW, the Musicians' Union and the band that everything would be going ahead as agreed tomorrow. The same afternoon, MM reiterated that he had offered me a reasonable alternative to performing tomorrow, which I had rejected. In his e-mail, he held me accountable for the consequences of my actions and decisions. From: Rory Duffy From: Rory Duffy From: PW From: Rory Duffy From: Rory duffy From: "Musicians Union (London Region)" From: NNW From: Rory Duffy From: Rory Duffy From: Rory Duffy From: Rory Duffy From: Rory Duffy From: PW From: Rory Duffy From: Rory Duffy From: PW From: Rory Duffy From: MM 16/12/2021 - The Big Day[2:29 pm, 16/12/2021] Rory Duffy: How you getting on? At 14:30, I started moving the instruments and equipment downstairs. At 14:47, HH arrived to help me load the Uber, although he was mainly there for morale-boosting purposes. I felt apprehensive. Somehow, I sensed that this might be a precarious day. The taxi driver seemed bemused at the amount of luggage that we had between us. I explained to him that we were performing for a legal firm. The taxi driver went off on one about 'corporate bastards who control people with money'. When I recounted to him how the client had already tried to cancel 2x, the taxi driver's advice was to take our money and run. As we were driving past Waterloo, I checked my e-mails and read the e-mail that MM had sent 20 minutes earlier. It was an ultimatum. For those initial moments, I felt indifferent and turned a blind eye to it. The message seemed superfluous and it did not register. It was like reading a foreign language. Suddenly, it hit me. He was trying to back out again! Before reacting/thinking about it further, I immediately e-mailed him back to let him know that we were on our way. No further discussion. For the rest of the taxi journey, I was in hysterical disbelief that the client was trying to back out this late in the day! It was unbelievable! I was both amazed and apprehensive. If he could try to do this, what else could he try next? Fortunately, he had included PW on Cc. There was no need for me to relay anything to the agency. They could see exactly what was going on. Mentally, I resolved to keep the agency on Cc throughout the evening (even if they might not pick up until the following day). And all conversation in writing. Just in case something weird happened. At 15:33, HH & I arrived at 10 Old Bailey. We unloaded the gear and reported to the receptionist, Eva. It felt slightly odd walking into such a corporate, bureaucratic establishment with our musical instruments and brightly-coloured stage costumes. We looked a little out of place. It also seemed an unlikely venue for a salsa performance. Regardless, we understood that the party itself would be happening in the offices in the floors above. I was slightly apologetic to Eva for being early as we were not due until 16:30. I clarified with her that we would be happy to leave our instruments in the building and grab a coffee for an hour. The real reason for arriving early was that I did not know what lay ahead of us and I wanted to be on the "front foot" at all times. Eva told us that we would not be able to go upstairs to the performance space until 16:30. But she was perfectly fine with us leaving our belongings there. She smiled and offered us a mince pie. HH & I left the building. Half-way up the street, I remembered that we needed to take our lateral flow tests. We walked back and dashed into the building. I mentioned it to Eva on passing (just in case she was wondering why we were back soon). HH advised me that it would be sensible to take the lateral flow tests in the bathroom rather than publicly in a coffee shop. Eva pointed us in the direction of the bathroom where we took our lateral flow tests. We went and bought coffees in the Pret A Manger opposite St Paul's Cathedral. Unfortunately, the café was closing as soon as we arrived. We needed to take away. We wandered around St Paul's for a short while before finding some tables outside to sit and drink our coffees. At this point, Pam phoned back and spoke to both of us on speaker phone. We had a quick chat outside the coffee shop and agreed that we need to be aware of what was going on. Just in case Mark tried to play any more games with us. We returned to 10 Old Bailey at 16:30. We reported to Eva and told her that we were ready to move our instruments upstairs. She made a phone call. It was possibly MM on the other end. I tensed up. She relayed to us that the clients were in a meeting and MM had instructed us to wait in the lobby. She assured us that someone would come down shortly and show us up. At 16:50, we were still sat in the lobby. The other musicians had arrived. MM was keeping us downstairs in the lobby and instructed Eva to keep us there while they prepared the space upstairs for us. Eva did not think that there was anyone upstairs in the performance space. She advised me to wait. MM would notify her when we could go upstairs. Mindful that the set up and sound check required 2 hours (remembering the infamous Galvin La Chapelle fiasco of 03/10/2015, Read More: Yesterday), I raised my concerns with the Musicians' Union. A shorter set up and sound check might put additional, unwanted pressure upon us in what already was a highly pressurised situation. The client was instructed both verbally and in writing via our Show Advance e-mail that we require 2 hours to set up as standard. I wanted to keep everyone in the loop so that we were on the front foot in all respects. Shortly before 17:00, I began to develop a paranoia. My anxiety was over whether the late set up / sound check might be a deliberate ruse to sabotage our fulfilment of the contract. I remembered what happened with Zara K and how her wedding party put us in a position of not knowing what was happening around us. I was imagining all sorts of horror stories. Regardless, my main priority was to ensure that I, at least, responded to the shifting, evolving eventualities in the best possible way. Thus, I needed guidance at each and every step. Should I have e-mailed MM and asked him what was going on? Should I have reminded him that we needed the 2 hours? I did not wish to come across pushy. At the same time, I was aware that if I did not do anything (as what happened with Zara K), MM could claim that the set up / sound check was late and try to hold the band responsible. Shortly after 17:00, I persuaded Eva to e-mail me a confirmation that me and the band arrived at 10 Old Bailey, London, on 16th December 2021 at 15:33. I took a screen shot of a map with a time stamp and some photos of us waiting in the lobby. These would also have time stamps when they come through to my Photos app. Despite these precautions, JP @ Musicians' Union assured me not to worry. We were there on time and were going to play the gig. At the moment, JP could not offer me any further advice as we were paid for the work which seemed to be going ahead. He assured me that I could get in touch after the gig if there were any issues. At 17:15, Pam advised us to get into our stage costumes and be as show ready as we can before they let us into the performance space. Since I was already in my stage costume, I directed the other musicians to the bathrooms and asked them to get changed and also mount their instruments. If the set up and sound check were due to go ahead, at least this might save us some time. I was unwavering on the 2 hours needed, though. I knew that if there was further delay, the performance start time might be delayed. I continued to document everything with JP @ Musicians' Union and Pam via e-mail and WhatsApp. JP requested me to stop e-mailing the Musicians' Union. He advised me to keep a record of what happened and reminded me to get in touch tomorrow if there were a problem. I could not believe it. I have been a paying member since 2010. At 17:19, MM e-mailed to report that their meeting was overrunning and that they would allow us access when they could. I drafted a quick response. My main concern was flagging up that a late set up / sound check could delay the start time. Just in case he wished to tweak the performance timings accordingly (e.g., condense it into 1 set). Although Pam advised me to follow up the e-mail with a phone call, I was adamant that all communication must be made in writing. In retrospect, I am glad that I stood my ground. A few drafts later, I replied to MM with an open-ended response. At 17:00 (approximately), on recommendation of the musicians, I asked Eva if there was a room near the function room where we could get ready to make it faster for the client. Eva had no idea and we began to wonder whether we should ask Mark this question. As 18:00 steadily loomed, my anxiety increased. Since the Musicians' Union were no longer available to advise me, I bit the bullet and started making contact with the agency to update them on the situation. I left them a voicemail alerting them of our confusion. The musicians were asking me questions. What was going on? Shortly before 18:00, LA declared that someone from the client's side needed to come down, explain to the musicians what was going on and, if they were able to, escort us upstairs to the performance space. At 18:00, the lights in the glass-covered rooms around the lobby went out. Eva was no longer at her desk. The building was eerily silent. I went to check that the revolving door at the front was not locked. Initially, it did not open. Fortunately, it opened after a brief moment. I was worried that they might lock us in. However, I started to grow concerned about the safety of the musicians both physically and psychologically. I felt responsible. This was on my shoulders. I began to develop dark imaginings. Desiderata taught me that such fears were born from fatigue and loneliness. Although I was surrounded by friends, I felt lonely. Again, I e-mailed the Musicians' Union. I hypothesised whether or not it might be safest to extricate the musicians and evacuate the building while we were still able to. I could not have it on my conscience that anything could happen to them as a direct result of my decisions and actions. As expressed in the e-mail from MM. Internally, I began to question whether this was not to do with COVID-19 but actually a veiled threat of retaliation for standing my ground with regards to the cancellation fee. The demons were starting to devour my mind, clouding my judgement. I tried to think clearly. I was worried about our security. Equally, I was conscious that the client requested us to stay until 21:30. There was something about the ultimatum e-mail that rang true. Inwardly, I resolved to stay until 21:30. Regardless of what the other musicians might decide what to do. I asked the Musicians' Union if my concerns about our security were well-founded. Had the Musicians' Union ever dealt with band hostage situations? Or was my mind playing tricks on me? Was I freaking out for no reason? At 18:17, having heard nothing from either Musicians' Union or W Entertainment emergency number, I decided to reach out directly to MM. I formulated LA's request into milder terms. It would be great if someone could escort us upstairs so that we could set up and start promptly for him / them. With an open-ended request for any updates. Immediately, MM reported some health and safety issues. The message did not reveal any more. Again, we were left to speculate. Had someone not carried out a risk assessment? Had someone had an accident? Or, was the performance space not ready / adequately-equipped for the band? A few moments later, MM followed up with a second message asking if we were ready. This seemed to indicate that they would be able to proceed with the performance shortly, albeit slightly late. I took this as an opportunity to remind MM what we had discussed previously in our Show Advance: We needed at least 1 hour to set up our instruments and equipment. Usually, we allow for / request 2 hours. Knowing that there might be at least a slim chance of someone at W Entertainment being on the line, I confided in them that the musicians were starting to debate whether they should stay until 19:00 and leave if no further progress was made. They were starting to seed doubt that there was an event happening or that MM would like us to perform at all. I felt powerless. Everything (apart from the timings) appeared to be consistent with what was on paper. The band had been paid. The gig would be going ahead. Of course, I wanted to reassure them of this and persuade them to stay. But as time was slipping by, there appeared to be less and less reasons for justifying this. What was happening in actuality was not reflecting what was happening on paper. There was a disparity between actuality and account that was so fundamentally wrong, I could not get my head around it. For the moment, all I could do was thank MM for the update and hope that the musicians would agree to sit tight. 18:30 (our scheduled performance time) came and went. Something was definitely wrong. I could feel it. I started to tremble. I needed to focus on my breathing. Pam reminded me that I was around friends and to keep relaying everything to her. Ensure that the musicians were dressed and ready to perform (at short notice, if need be). I decided to get out my saxophone and blow some licks. This would help both the breathing and the professionalism. Two birds. One stone. At 18:36, MM e-mailed me a longer message. It did not explain anything or provide us with any guidance regarding the immediate situation and timings. It only described the wider situation at large. It finished with a vague request for our continued patience. Nowadays, I realise that this was a Cloak & Dagger legal move. On paper, the court might look favourably on this communication and perceive the client to be upholding his side of the agreement. Specifically, by the absence of permission for us to leave. However, I did not read between the lines. I did not engage with any of its cryptic, illusory content. Instead, I thanked him for the update (as always) and asked a closed question. When did he envisage that they would be able to inform us of the performance start time? I requested an approximate timeline. In hindsight, it appears that Pam and the musicians advised me to stick with the specifics. Not to let the conversation wander into ambiguous territory. I could sense something fishy was going on. I was ill-equipped in knowing how to respond. I was receiving a lot of help from the people around me. Stick with what I do know sounded like sensible advice.
All we needed was an approximate timeline. Regardless of the wider context and/or implications. We were well beyond discussing contractual topics. All we needed to do was focus on the job/task at hand and ensure that the performance went ahead. As 19:00 came and went, the musicians continued to debate how long they should stay. We discussed the possibility of ordering food (since the client had offered to feed us), but my mind was not functioning properly to make a concrete decision. Despite our contract, I felt as in the dark as the other musicians. Pam & I speculated what we had discussed a couple of hours previously. The possibility that there was no event. Although we were relieved that I had evidently requested specific instruction from the client, we were struggling to keep the morale up with the musicians who were growing tired and hungry. They were looking to me for instruction. Whether they should stay or fetch food. Pam advised me to relax and not try to control circumstances. Repeatedly, I insisted that I would be staying until 21:30. Apart from that, I would not make any decisions on behalf of everyone. At 19:27, MM e-mailed saying that he was waiting for someone to come down to us and give us an update. DI popped out to fetch food. LA, seeing that I was not in control, stepped up herself. She decided to march upstairs and ask if we could leave. She went and spoke to the night security guard who was now sitting on reception. Unfortunately, no-one could authorise us to infiltrate the internal security doors and there was no apparent staircase in sight. DI changed into his casual clothes and came out of the bathrooms. Initially, I did not recognise him and thought that he was a staff member working in the building. Such was the extent of my mental disorientation, by this point. At 19:45, I e-mailed MM with a straight, closed question. What time would someone be able to come downstairs and update us? LA departed to fetch food. I could see that she was visibly upset. She explained that unless she eats something, she was going to end up acting rude to whoever eventually came downstairs. The uncertainty was affecting all of us. The situation was uncomfortable. We needed to calm everyone down. Pam highlighted the terms of the contract and the fact that we were meeting them. She explained that the situation was more complicated than meets the eye, but not personal. Shortly after 20:00, HH & RQ went out to eat. I continued sitting there discussing everything with Pam via WhatsApp. Another half an hour passed. I knew that there was only an hour remaining until I could leave. I was perfectly happy and content to sit there and wait. If the clients arrived and requested a last minute performance, I still had my saxophone, my backing tracks and my PA. And my voice (to sing). Even if the rest of the band were no longer there. Gradually, my breathing and my heartbeat returned to normal. The post-panic attack bliss felt like it did when I sat in the garden of Northbrook Park. I was going to get through this. I was going to sit tight and enjoy the tranquility. Nothing more. Nothing less. It gave me time to think. A nice, quiet time. I could take a step back from my life and consider things from a distance. Like why I was working as a musician, at all. The events of the evening had made me question everything. I was indebted to Pam for all that she had done to help me. And for all the comfort and support she had provided me on the end of the phone throughout the evening. Still, was it worth it? Slightly stunned and numb, I continued to sit there and wait for another half hour. Shortly after 21:00, I picked up an e-mail from MM. He had found out (from the concierge) that the musicians had left the premises. He was threatening me with legal action. The upshot was an ironic manifestation / confirmation / articulation of what I had feared all along. If it were not for the grave situation, my first emotion was relief that my fears and suspicions were well-founded. And that I had been right to pester both the Musicians' Union and W Entertainment. Trust in myself. Critically, I needed either Musicians' Union or W Entertainment to step up and tell me what to do in this situation. But they were unreachable. Instead, I had received nothing but silence. It was a frustrating, disempowering situation to be in, having raised a cry for help and received nothing back. The knowledge that I might have prevented much worse from happening if I understood what I needed to say and do. Knowing that I might have been able to prevent such an outcome from happening had I received legal advice from the invested parties. The next few minutes were a blur of emotions. Pam managed to call RQ & HH back to the venue. She instructed me to call LA, which I did. LA, although shocked and surprised, assured me that there was nothing that the clients could do, legally. There were no grounds. A few minutes later, RQ & HH returned to find me in a trembling, sobbing mess with Pam at the other end of the phone helping me to take deep breaths. I grit my teeth and made a decision, there and then. I would obtain proof that we were there until 21:30. By hook or by crook. Even if I had to go down on one knee and beg the concierge. I was not leaving this building until I had an e-mail from him. Just like I had an e-mail from Eva. The security guard owed it to me. If he were responsible for reporting to MM that the band had left the premises. Single-mindedly, I continued contemplating this decision while HH & RQ were asking me what I wanted to do. I might have explained my decision to them. At 21:30, I marched up to the reception and asked him if he could send me an e-mail. Stating that the musicians were onsite at 21:30, as agreed. Initially, the security guard looked quizzically at me. Steadily, I recounted to him how Eva had done the same for me that afternoon. The security guard explained that he did not have access to the e-mail system. I asked if he could send me one from his phone. He shook his head. I tried to give him my e-mail address, but he continued shaking his head. I lifted my iPhone and took a photo of him while he was talking to me. He did not notice. Suddenly, I realised that I would need to be in the photo for it to be justifiable as proof. Given what had happened, I might not have been thinking straight. I waited until he finished talking. I tried to distract him by pretending to call over HH & RQ. I took 2 selfies with the security guard in the background. This time, he noticed and tried to shield his face. He stood up from his chair and came outside the glass of the reception. He asked if I took a photo of him. Instantly, I said no. I needed time to think. I started walking around the lobby. With my back to him, an arc around the lobby allowed me enough time to surreptitiously take out my phone and e-mail the photos to the Musicians' Union as proof. He might have noticed and/or questioned my intentions with RQ & HH. When I came back, he was in full-on defensive mode. He said something along the lines of "I know you have been having trouble with MM". He demanded what I was doing. Innocently, I said that I was there to play the saxophone. I reminded him that we were performing earlier. He laughed bitterly and warned me not to play games with him, calling me a smart arse. He demanded what I was doing, walking around taking photos. Did I realise that I could be arrested for doing what I did? Feebly, I explained that I was admiring the Christmas decorations and wanted to capture them so I could show my family back at home. He asked to clarify if he was in the photo. Still, I needed time to think through my responses. I continued lying and tried to avoid him. Hurriedly, I began to pack up my equipment. The security guard was bearing down on me, growing aggressive by the second. He demanded me to hand over my phone. I refused. I clarified that I did not know him and that I would not hand over my phone to a stranger. He continued demanding why I did not show him my phone. I disengaged. I was not willing to engage with him any further. By doing so, I might be putting myself in danger. I managed to get my cases and luggage outside. I waited outside and began to order an Uber. Suddenly, HH came out. He was panicked and distressed. I had never seen him like this. He looked at me square and urged me to step back inside the building. Perplexed, I asked why. HH warned me that if I did not comply, there might be worse consequences. I paused for a second. Quickly, I took out my phone and deleted two of the three photos, leaving just one. The one with the security guard in the background, hiding his face. I held my phone out to the security guard and showed him while keeping the phone safely gripped in my hand. The security guard seemed to be satisfied. He wondered what all the fuss was about. I was like, "well, you tell me?" I went to help HH carry his kit out of the building. On my way out, I cheerily wished the security guard a pleasant evening. My mind was racing. Outside, HH filmed a video of me and RQ showing the time and proving that we were still at the premises, as per our contracted time. I ordered an Uber. The security guard came outside and started smoking a cigarette. Which did nothing to help my anxiety. HH assured me that it was OK and we had "cleared the charges". The security guard had nothing on me. RQ departed separately for the tube. HH & I loaded our gear into the Uber and hopped in. HH encouraged me to continue collecting evidence. I had the Uber receipt e-mailed to me. I phoned W Entertainment explaining what had happened. I arrived home at about 22:15. After saying goodbye to HH, the first thing that I did (before even thinking about food) was to pay the musicians. That way, I could at least get them off my conscience. I was not going to let this bring them down with me. Once I had paid the musicians, shortly before the Tesco was due to close at 23:00, I went out to fetch food. On the way back from the Tesco and while cooking my meal, I spent an hour on the phone with Pam, relating my anxiety of having told W Entertainment "I am still here". It is good to have her to talk to. She offered to speak with W Entertainment and the Musicians' Union, if need be. I think that this was a good idea. Basically, I was tricked and manipulated by the client. I did not understand what was happening around me / process everything quick enough because of my ASD and having to "read between the lines". They were horrible. RQ was sorry that I had to deal with that! His last e-mail read calculated like he had drafted it earlier in the evening and was sat there watching us with 1 finger on the trigger. It was cold-blooded. I should not let him intimidate me. It was calculated. Fundamentally, MM had used the phone call to identify a weakness in me. He saw my docile nature as an opportunity. He was acting opportunistically. He knew that I would not be able to keep the musicians onsite. He exploited my weakness. But it was OK. I had done nothing wrong. We (the band) were still there at the contracted end time. We had gathered enough evidence. All I needed to do was let the storm pass and lie low for a week or so. I stayed up until 01:00 unpacking and packing for my wedding gig the following day. Finally, I settled down and managed to sleep. From: MM From: Red Black Music From: MM From: Red Black Music [4:50 pm, 16/12/2021] Rory Duffy: Ok situation is; the client is keeping us downstairs in the lobby and instructed the receptionist to keep us there while they prepare the space upstairs for us. From: Rory Duffy From: Rory Duffy [4:58 pm, 16/12/2021] Rory Duffy: Basically, I am a little anxious that this is a deliberate ruse to delay the setup and sabotage our fulfilment of the contract. From: Rory Duffy From: Rory Duffy From: Reception [5:06 pm, 16/12/2021] Rory Duffy: Eva (receptionist) has confirmed verbally that we were there and signed in from 15:33, she will email me on this address From: Rory Duffy From: Rory Duffy From: JP [5:10 pm, 16/12/2021] Rory Duffy: I have forwarded you the receptionists email,
From: Rory Duffy From: JP From: MM [5:20 pm, 16/12/2021] Pamela: Do u have Mark number From: Rory Duffy [5:31 pm, 16/12/2021] Rory Duffy: === From: Red Black Music [5:34 pm, 16/12/2021] Rory Duffy: I am a paying member and have been since 2010, I can’t believe this 😱 From: Red Black Music From: Red Black Music [6:02 pm, 16/12/2021] Rory Duffy: I am really bugging out now. The lights in the glass boxes around the lobby just went out. The receptionist isn’t here. I went to check that the revolving door at the front is not locked. It did open. From: Rory duffy [6:11 pm, 16/12/2021] Rory Duffy: I have sent this to the MU. From: Red Black Music [6:18 pm, 16/12/2021] Rory Duffy: I have reached out to the client with the agent on Cc From: MM From: MM From: Red Black Music From: Red Black Music From: Red Black Music [6:29 pm, 16/12/2021] Pamela: Are u all dressed and ready
[6:31 pm, 16/12/2021] Pamela: Just do what u can
[6:33 pm, 16/12/2021] Rory Duffy: I will get my sax out From: MM From: Red Black Music [6:46 pm, 16/12/2021] Rory Duffy: No time to run it through grammarly as I would usually 😓 From: MM [7:34 pm, 16/12/2021] Rory Duffy: DI has left now From: Red Black Music [7:46 pm, 16/12/2021] Pamela: Look at ur contract do u need too all be there for conditions of the contract to be met
[7:52 pm, 16/12/2021] Rory Duffy: And then there were 3 
From: MM [9:03 pm, 16/12/2021] Rory Duffy: This is precisely why I insisted on staying as I feared that this might happen From: Rory Duffy
From: Rory Duffy The ramifications...Since December 2021, for all ensemble (2-piece and above) quotes, we require a 50% non-refundable deposit to secure the booking. The remaining payment is due, at the very latest, 48 hours before the contracted arrival time. This applies only to Direct + Employment Agency bookings (Employment Business bookings are exempt). AN - DuxfordFrom: Rory Duffy From: Rory Duffy From: CM From: Rory Duffy From: CM - AN From: CM Begin forwarded message: From: Rory Duffy AN - KewFrom: Rory Duffy LMMOn 13 Feb 2022, at 22:55, SM wrote: Comments are closed.
|
BlogRed & Black Music was set up in 2012 to stop musicians cancelling. PurposeAt Red & Black Music, we believe in accountability = learning from experience. This blog serves as a record of challenges we’ve faced and how we’ve worked to resolve them. By sharing this, we aim to demonstrate our commitment to professionalism, problem-solving, and continuous improvement. Archives
May 2025
Categories
All
Pamela Molina 2022-23
Rory Duffy 2012-13, 2018-22
Claire Maillot 2016-18
Jo Mantini
2013-16
|
RSS Feed
