Musicians' Union Rates (4)

• Blog
• Correspondence

<

>

Today, I delighted in feeding back to the Musicians' Union about why I have quit.

​The 10 Old Bailey incident (Read More: MM). Remember how I was e-mailing the Musicians' Union all week, pointing out the various risks, and they asked me to stop e-mailing them and only get in touch if there is a real problem. Well, I did. Still, I have not heard a peep from them. Not in over a year. Why am I still paying membership? 🤷‍♂️

I wish I had done it sooner. I might have saved myself over £3K over the course of 13 years. Never mind.

That is such a shame when they are supposedly looking after musicians.

The Musicians' Union encourage a Virtue Signalling culture. They give musicians a stick to beat one another with, an inflexible complacent "one size fits all model" that does not account for the realities and nuances that occur. None of what happened at the Old Bailey would have happened if I had not taken Musicians' Union advice. Possibly why I haven't heard back from them.

Have they e-mailed back? Of course not... Why would they when a haphazard phone call might suffice? 🤪

Read More...
MM
Musicians' Union Rates (1)
Musicians' Union Rates (2)
Musicians' Union Rates (3)
Risk Factor

From: Rory Duffy
Subject: Re: Musicians' Union membership
Date: 2 February 2023 at 11:07:05 GMT
To: WY
Cc: Pamela, Pam
Hi WY
I hope you are well.
Thank you very much for getting in contact! Would it be possible to have a conversation in writing? I tend to get nervous/anxious with important phone calls and I also find it useful to have records to refer back later. No rush on it at all though if you’re busy— I imagine you have a lot of other people to speak to. If you need any further details please feel free to let me know.
Thanks
Rory

On 2 Feb 2023, at 11:02, WY wrote:
Hello Rory
Thank you for your feedback.
Jackie’s escalated this to me, so I was hoping to speak to you about your membership, hence my earlier voicemail.
Please let me know when it’s best to contact you. Alternatively, you can call me on [mobile]. I’m available 10am-5.3pm Monday to Friday.
Regards
WY

From: Rory Duffy
Sent: Thursday, January 26, 2023 3:44 PM
To: JW
Cc: Pamela; Pam
Subject: Re: Musicians' Union membership
Hi JW
I hope you are well.
Thank you for getting in touch. I was hoping you would get in touch so that I could provide feedback about my MU Membership.
After nearly 13 years, I have decided to leave the MU due to the incident with my client MM (16/12/2021).
In brief:
MM requested to cancel a contracted engagement. I was advised to charge 100%. MM became very aggressive with me, because I was perceived as inflexible. Afterwards, it transpired that there might have been alternative resolution methods e.g., keeping 50% and moving the date, but I was not advised of these, but simply to charge 100%. I was not provided with any template e-mails and ended up paraphrasing something that my previous business partner Claire wrote in 2016 when something similar happened with Jazz Café (see e-mail 11 December 2021 10:13). This wording did not necessarily apply to MM and only frustrated him further.
The MU was short-staffed during the period 09/12/2021…16/12/2021. Due to the support hold-ups, I requested a month's relief on my MU membership (see e-mail 14/12/2021). This request was not acknowledged, let alone addressed, and made me wonder what I am paying a monthly membership for when the MU staff might have made those phone calls and guided me through those e-mails on my behalf.
On gig day (16/12/2021), the communication deteriorated completely and I was not adequately guided through with what to say/do. I was advised "please don’t keep emailing us with updates - it clogs up our inbox and we can’t get on with the other work we need to do. Just keep a record of what happens and get in touch with us tomorrow if there is a problem.” (see e-mail 16 Dec 2021, at 17:20).
I did exactly this when MM threatened me with legal action. Since then (over a year), I have not heard anything from the MU.
Below, I have appended the relevant correspondence and I would welcome your feedback, since I have not received a peep from the MU since what went down on 16/12/2021 (over a year ago now), neither guidance which JP asked me to stop e-mailing about on the day, nor retrospective on such a traumatic experience.
Note how I highlighted the potential risks both 17:02 ("I am a little anxious that this is a deliberate ruse to delay the setup and sabotage our fulfilment of the contract.”) and 18:10 ("I am conscious that the client has requested us to stay until 21:30.”) before I was requested not to clog up inboxes. Outcomes that could have been prevented had I been adequately instructed. I risked landing myself in serious financial/legal hot water, due to the fact that I was being tricked and not knowing how to respond. But I am actually quite shocked that the MU never picked it up with me afterwards, maybe my e-mails were mislaid?
The post-gig support received for the Zara K (06/05/2018) incident was fantastic and I was expecting a similar standard with the MM (16/12/2021) incident. Maybe MM was simply difficult and I am still blaming myself for how I handled it when there was nothing else that I could have said/done better.
I should also highlight my autistic spectrum condition: difficulty understanding motives, reading emotional clues, mediating verbal inter-personal relationships etc. I am pleased to see that the MU actively support the neurodiverse community and perhaps I might have been more upfront about that in my dealings with mM.
There are other reasons (namely MU rates, another big topic) that I would be happy to discuss with you in further detail, but my primary reason is the complex legal position I am in when both contracted and sub-contracting.
I have Cc’d my manager / business partner, Pam, as she has been a fantastic support to me for the past couple of years, and I am sure she would be interested as she has been involved in these discussions and booking musicians on my behalf.
Thanks
Rory Duffy
[membership number]

On 26 Jan 2023, at 14:45, JW wrote:
Dear Rory
We hope this email finds you well.
Our records show that your MU membership requires action, which we can help you with, hence the voicemail from us. This was so we can get your membership back on track.
Please call us on 0207 840 5570. We’re open 10am – 5.30pm Monday to Friday.
Union membership is crucial to ensure your voice is heard, especially by those making decisions, so we hope to hear from you soon.
You can see all the fantastic benefits of membership here.
Regards 
JW

Begin forwarded message:
From: Rory Duffy
Subject: Fwd: Booking on 16/12/21 with Latin Explosion
Date: 16 December 2021 at 21:05:17 GMT
To: Musicians Union
Begin forwarded message:
From: MM
Date: 16 December 2021 at 21:02:16 GMT
To: Red Black Music
Cc: PW
Subject: Re: Booking on 16/12/21 with Latin Explosion
Rory, I understand from the building security team that your band left the premises an hour ago. Why is that? Did they think they were wasting their time? I thought that you were a group who stuck completely to their contracts, yet you have left before the hour of 21:30 that was agreed in your contract as your end time, a contract you have insisted be upheld. How do you intend to compensate Vardags for this? We paid a sizeable sum of money for your talents and time. Your talents were not realised yet your time you have chosen to not give, despite your contractual obligation. You will be hearing from our lawyers in this regard and will be liable for all costs incurred.
Please explain your actions.
MM

From: Red Black Music
Sent: Thursday, December 16, 2021 2:45:58 PM
To: MM
Cc: PW
Subject: Re: Booking on 16/12/21 with Latin Explosion
Hi MM 
Thank you for the update.
What time will someone be able to come downstairs and update us please?
Thanks
Rory

On 16 Dec 2021, at 19:28, MM wrote:
I am currently waiting for someone to come down to you and give you an update. 

From: Red Black Music
Sent: Thursday, December 16, 2021 1:45:01 PM
To: MM
Cc: PW
Subject: Re: Booking on 16/12/21 with Latin Explosion
Hi MM 
Thank you for the update.
When do you envisage you will be able to let us know definitely what time the performance is expected to commence? It would be great if you are able to please provide me with an approximate timeline, as the musicians are asking me.
Many thanks,
Rory

On 16 Dec 2021, at 18:36, MM wrote:
Rory, fully appreciate what we agreed a number of weeks ago. But as I have outlined very clearly since last week we are operating in a very different environment to that in which we agreed your participation. You will note the government announcement last night which recommended only participation in events that individuals deemed essential and worthy.
As such we have done everything we can possible to mitigate risk and are continuing to do that this very moment, and your continuing patience is appreciated. 
MM

From: Red Black Music
Sent: Thursday, December 16, 2021 1:25:52 PM
To: MM
Cc: PW
Subject: Re: Booking on 16/12/21 with Latin Explosion

Hi MM
Thank you for the update.
We are dressed to perform but we do need at least 1 hour to set up our instruments and equipment. Usually, we allow for and request 2 hours and this is what was discussed with you previously.
Thanks
Rory

On 16 Dec 2021, at 18:21, MM wrote:
Has everyone arrived and ready as soon as we are?

From: Red Black Music
Sent: Thursday, December 16, 2021 1:17:48 PM
To: MM
Cc: PW
Subject: Re: Booking on 16/12/21 with Latin Explosion

Hi MM 
How are you getting on?
It would be great if someone is able to escort us upstairs so that we can set up and start promptly for you.
Any updates would be much appreciated,
Thanks
Rory

On 16 Dec 2021, at 17:33, Red Black Music wrote:
Thank you for the update and no problem at all, just let me know when you are ready.

On 16 Dec 2021, at 17:19, MM wrote:
Our meeting is currently overrunning so will be allow you access when we can.

From: Red Black Music
Sent: Thursday, December 16, 2021 11:12:16 AM
To: MM
Cc: PW
Subject: Re: Booking on 16/12/21 with Latin Explosion
Great, thank you very much.

On 16 Dec 2021, at 15:26, MM wrote:
The Reception team are expecting you on arrival, no need for an additional contact number except for mine as I am available should you have any questions. They will let you up when it is appropriate to do so, and they’re ready for you.

From: Red Black Music
Sent: 16 December 2021 15:16
To: MM
Cc: PW
Subject:Re: Booking on 16/12/21 with Latin Explosion
Hi MM
We are already in an Uber, on our way now.
Please can I check who to contact on arrival?
Thanks
Rory

On 16 Dec 2021, at 14:45, MM wrote:
Hi PW/Rory,
I am making my final offer to you in order that we come to a reasonable conclusion to this debacle.
Rory, you can stand down, and you and your band come back early next year (date TBC) to perform the agreed set at our re-arranged event.
Or
Not attend our office this evening, stay at home, not put you and your band through the potential risks of travelling on public transport and all associated risks that this current climate entails and you return a third of your payment I made to you yesterday. You still get part-payment, without having to lift an instrument, and that is the end of the episode.
Or
You arrive at our office at 4:30 this afternoon as scheduled and stay at our venue until the contracted time of 9:30pm.
Please do confirm which option you wish to choose.
I look forward to hearing from you.
MM

From: MM
Sent: 15 December 2021 14:28
To: PW
Cc: 'Rory Duffy'
Subject: RE: Booking on 16/12/21 with Latin Explosion
Hi PW,
Thank you for your email.
I can confirm that payment should have already been received.
I cannot currently confirm an on-site contact as we have had a covid outbreak at the office today so unable to confirm who will be in or not. I should state clearly, I cannot guarantee that anyone who is working in our offices tomorrow does not have Covid-19, particularly with this outbreak in mind, we will be following all government advice but as you are both aware this does not prevent the spread of infection, but is only a means to mitigate risk.
I have offered a very reasonable alternative to performing tomorrow evening which Rory has rejected, and he does this at his, and his entire bands own risk, and we cannot be held liable for the potential short and/or long term (health) consequences of his actions and decisions.
I will update you accordingly.
Kind regards
MM

From: PW
Sent: 15 December 2021 12:38
To: MM
Cc: 'Rory Duffy'
Subject:Booking on 16/12/21 with Latin Explosion
Hi MM,
Just to confirm as discussed, Rory and the band will be coming to perform at the office for you on the evening of the 16/12/21. The payment will need to be with Rory within working hours today (before 5pm) as agreed.
We also will need a contact for someone who will be on site on the day, so if you could please pass over a contact number or email and a name for who will be there that would be amazing.
Let me know if you have any questions.
Best Wishes,
PW

From: Rory Duffy
Subject: Re: Booking on 16/12/21 with Latin Explosion
Date: 16 December 2021 at 18:10:15 GMT
To: JP
Hi JP
The lights went out and the receptionist left. She is back now, fortunately, I tried the revolving door at the front and it opened after a brief moment.
However, I am starting to grow concerned about the safety of the musicians - both physically and psychologically. I am wondering whether it might be safe to extricate the musicians and evacuate the building while we still are able to.
I am worried about our security. But I am conscious that the client has requested us to stay until 21:30. What is the best course of action? Should I be concerned about our security? Has the MU ever dealt with situations of bands/musicians being held hostage against their will?
Thanks
Rory

On 16 Dec 2021, at 17:20, JP wrote:
Hi Rory, please don’t keep emailing us with updates - it clogs up our inbox and we can’t get on with the other work we need to do. Just keep a record of what happens and get in touch with us tomorrow if there is a problem.
Yours truly,
JP.

From: Rory Duffy
Date: Thursday, 16 December 2021 at 17:17
To: JP
Subject: Re: Booking on 16/12/21 with Latin Explosion
Thanks JP 🙏
I just wanted to gather evidence, Pamela (Percussionist’s wife) has advised us to get into our stage costumes and get as “show ready” as we can before they let us in the room.
But for my peace of mind, I will continue documenting everything here, and keeping you in the loop if that’s ok. Thanks☺️ 

On 16 Dec 2021, at 17:09, JP wrote:
Dear Rory. I don’t think you need to worry – you were there on time and are going to play the gig. We can’t offer any further advice at the moment as you have been paid for the work which seems to be going to go ahead.
If there are any issues following the gig, please get in touch then, but for now there is nothing more we can say.
Yours truly,
JP

From: Rory Duffy
Sent: 16 December 2021 17:02
To: Musicians Union (London Region)
Subject: Re: Booking on 16/12/21 with Latin Explosion
Basically, I am a little anxious that this is a deliberate ruse to delay the setup and sabotage our fulfilment of the contract.
The client was instructed both verbally and in writing via our show advance email that we require 2 hours to set up and that this is standard.
Should I email the client and ask him what is going on? Should I remind him that we need the 2 hours?
I don’t wish to come across pushy but at the same time, I am aware of the risk that if I don’t act, he could claim that the setup was late and try to hold us responsible, and then try to claim back his money.
This might be my paranoia/imagination in overdrive but just trying to prepare myself.
 
On 16 Dec 2021, at 16:53, Rory Duffy wrote:
The client was instructed both verbally and in writing via our show advance email that we require 2 hours to set up and that this is standard. I would like to keep everyone in the loop so that we are on the front foot in all respects.

On 16 Dec 2021, at 16:52, Rory Duffy wrote:
Just keeping you in the loop with things.
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.
The receptionist doesn’t think that there is anyone upstairs in the performance space, she has advised me to wait and then MM will notify her when we can go upstairs.
The whole band, all 5 of us, have been here since 16:30.

Begin forwarded message:
From: Red Black Music
Date: 16 December 2021 at 16:12:16 GMT
To: MM
Cc: PW
Subject: Re: Booking on 16/12/21 with Latin Explosion
Great, thank you very much.

On 16 Dec 2021, at 15:26, MM wrote:
The Reception team are expecting you on arrival, no need for an additional contact number except for mine as I am available should you have any questions. They will let you up when it is appropriate to do so, and they’re ready for you.

From: Red Black Music
Sent: 16 December 2021 15:16
To: MM
Cc: PW
Subject: Re: Booking on 16/12/21 with Latin Explosion
Hi MM
We are already in an Uber, on our way now.
Please can I check who to contact on arrival?
Thanks
Rory

On 16 Dec 2021, at 14:45, MM wrote:
Hi PW/Rory,
I am making my final offer to you in order that we come to a reasonable conclusion to this debacle.
Rory, you can stand down, and you and your band come back early next year (date TBC) to perform the agreed set at our re-arranged event.
Or
Not attend our office this evening, stay at home, not put you and your band through the potential risks of travelling on public transport and all associated risks that this current climate entails and you return a third of your payment I made to you yesterday. You still get part-payment, without having to lift an instrument, and that is the end of the episode.
Or
You arrive at our office at 4:30 this afternoon as scheduled and stay at our venue until the contracted time of 9:30pm.
Please do confirm which option you wish to choose.
I look forward to hearing from you.
MM

From: MM
Sent:15 December 2021 14:28
To: PW
Cc: 'Rory Duffy'
Subject: RE: Booking on 16/12/21 with Latin Explosion
Hi PW,
Thank you for your email.
I can confirm that payment should have already been received.
I cannot currently confirm an on-site contact as we have had a covid outbreak at the office today so unable to confirm who will be in or not. I should state clearly, I cannot guarantee that anyone who is working in our offices tomorrow does not have Covid-19, particularly with this outbreak in mind, we will be following all government advice but as you are both aware this does not prevent the spread of infection, but is only a means to mitigate risk.
I have offered a very reasonable alternative to performing tomorrow evening which Rory has rejected, and he does this at his, and his entire bands own risk, and we cannot be held liable for the potential short and/or long term (health) consequences of his actions and decisions.
I will update you accordingly.
Kind regards
MM

From: PW
Sent: 15 December 2021 12:38
To: MM
Cc: 'Rory Duffy'
Subject:Booking on 16/12/21 with Latin Explosion
Hi MM,
Just to confirm as discussed, Rory and the band will be coming to perform at the office for you on the evening of the 16/12/21. The payment will need to be with Rory within working hours today (before 5pm) as agreed.
We also will need a contact for someone who will be on site on the day, so if you could please pass over a contact number or email and a name for who will be there that would be amazing.
Let me know if you have any questions.
Best Wishes,
PW

Begin forwarded message:
From: Rory Duffy
Subject: Re: Invoice - Latin Explosion - 16/12/2021
Date: 15 December 2021 at 10:47:21 GMT
To: NW
Cc: "Musicians Union (London Region)"
Hi NW,
Many thanks for your response. JP has been in touch, which is great.
See responses below.

On 15 Dec 2021, at 10:29, NW wrote:
Dear Rory, 
London Regional Organiser JP will be in touch to advise on your concerns regarding the client and your membership sub request.  
My initial advice would always be to contact your agent as you have done, I see your agent has advised contacting the client via email which is what I suggest you do. You have to make every effort to contact the client to make a payment.
I will continue contacting PW as first port of call in case of any doubt. Basically, I do not know how to put it in politer terms, which is why I have sent to her personally. Maybe she can help mince my words.
I also do not agree that a lack of payment indicates the client wishes to cancel.
OK, noted.
If you didn’t get paid by the time agreed in the contract and you cancelled the performance, then we cannot say without certainty that the client or agency won’t issue legal proceedings against you to seek compensation. To mitigate this, we recommend you do as much as you can to contact any engager prior to the deadline and after, including calls, texts and emails to show you made every effort to seek payment. The agency may be able to assist with this. The client may have a legitimate emergency which means they may be genuinely uncontactable so this may lead to legal proceedings if you did not turn up. I note that the client is in Columbia so there may be a time difference issue and/or a network issue which has contributed to the delay. We have discussed before, please bear in mind that as an engager the rest of the band may look to you for reimbursement, and you may not meet our criteria for legal advice and assistance (see attached  - criterion 2). This is the risk of being an engager as well as the engaged.
OK, I understand the risk involved. In this case, I understand that it might be better to proceed with the performance that we have agreed to. Would we be entitled to charge interest for a late payment if this had gone through W (employment agency as opposed to employment business)?
JP might wish to jump in on these questions. Thanks, over to you.
Best wishes.  
NW.  

From: Rory Duffy
Sent: 15 December 2021 10:05
To: NW
Cc: Musicians Union (London Region); HC
Subject: Re: Invoice - Latin Explosion - 16/12/2021
Hi NW
It is now 10 am. I have checked, and I have received no payment from the client.
As I said to PW, I have lost confidence in this client, and I do not feel comfortable taking the musicians to this event now that the client has not paid.
Where do I stand legally on this? My main concern is that if we do not attend the event (on the grounds of non-payment), it might make it even more difficult for us to obtain our cancellation fee.
Also, if I did instruct the musicians not to attend on grounds of non-payment, they will be more likely to demand the full fee, which will put me severely out of pocket.
I will drop a quick note to PW now (in less detail — just asking her how she would like to proceed).
How do you suggest I proceed at this stage please?
Cheers
Rory

On 14 Dec 2021, at 17:47, Rory Duffy wrote:
Hi NW
I have a few updates/notes from 3 phone calls this evening.

1. 16:21 (5 minutes) — PW (W)
PW has phoned me, she was completely lovely and understanding. She asked me how I am doing, I admitted that I am “going through it”. She seemed sympathetic/empathetic and on our side. She asked me about the phone call, whether the client was aggressive, whether he was simply awkward etc. I said definitely awkward. He was asking pertinent questions about my “professional opinion” in relation to contractual topics — questions that should be asked on email with the agent on Cc. Questions like if we are “that sort of band” — implying that we are putting people at risk and what my professional opinion was on going forward, regardless of the agency. I did not understand how he envisaged me to respond to these questions, especially on the spur of the moment.
PW did ask me whether the band is 100% committed to performing, which we are. I have been in touch with all 4 musicians individually as well as via group email. I have advised them that the gig is going ahead.So no issues there.
We acknowledged/discussed that the client (MM) will not be present at the event. He is in Colombia with his wife, I believe. This certainly helps, knowing that we will not have to liaise with him on the day.
PW hypothesised that the client is saying these things in order to provoke us to cancel and then that way they would be “let off the hook”. I also agree that this might be the case. These are law people who we are dealing with. We are performing for a law firm. They probably believe that we as musicians have no clue with regards to the legalities. PW/W do not know that I am speaking with the Musicians Union.
I reiterated to PW that my approach has always been to respect the contract, stick with the programme, what we agreed etc. PW has also acknowledged that the government have not specifically restricted parties, gigs, etc., from happening, so a cancellation fee would be due if the client were to cancel.
Good that PW has acknowledged that the government has not restricted parties/gigs from going ahead and that there are no grounds to waive cancellation fees.
I reiterated that I will stand my ground with regards to the 10 am payment deadline and keep an eye on the bank account to see if any payment is received. I expressed that I did not feel confident taking the musicians to the event without receiving payment in advance. PW was completely fine with that. She also mentioned that this is part of W's terms too (attached here is what she sent to the client) — to receive payment before the event.
I said to PW that I would appreciate not being left alone on the phone with him again. She appreciates that the phone call with MM did not necessarily resolve anything and she has agreed to mediate and stick to email conversations going forward. Ball is in PW's court. She said that she will email the client to try and “clear the air”. I expressed my appreciation. Again, she was completely understanding and supportive.

2. 16:32 (31 minutes) — Pam (Tiger Music)
Between calls, I had a general phone conversation with Pam (wife of the percussionist, who also manages her own function bands) about the state of affairs, the scaremongering to do with the pandemic and the way in which the government regulations make it difficult for people on both sides — bandleaders and bookers — to know where they stand. Basically how difficult everything is for all of us at the moment. People are losing guests, they are scared of losing money, they are trying to pass on responsibility. It’s impacting in all directions.
In my view, it was the client’s decision to book us during the middle of a pandemic and they should not be enforcing responsibility onto us like this. By sounding accusatory and questioning my professionalism. I believe that the phone call was nothing more than intimidation/coercion. Yes, he did have some questions about our set list, the arrival times and drinks etc., but these were alibis. In reality, he was angry/upset and was trying to provoke me. There might have been an ulterior motive (to “catch me out” — all the more reason to not have the phone call). Alternatively, he possibly just wanted to vent — rather like I have done to you!

3. 17:05 (8 minutes) — Graham (MU)
Graham phoned me and we discussed some of these similar issues. Graham has advised me about the “reclaim fees” service that the MU offers. I can fill in a form. I am not sure how much this might apply if the payment is due tomorrow at 10 am when the performance is due to take place on Thursday evening?
Graham also explained to me the concept of contract frustration. He echoed what PW has said to the client that in this case, the government has not explicitly restricted parties and gigs from happening. The contract therefore has not been “frustrated”. We are still booked to perform. The client is still obliged to pay.
I raised concern about a similar situation with W 3 years ago where the client’s address was not on the contract (06/05/2018 wedding case that I worked through with SJ). I am not sure if W have updated their contracts to include the client’s address but I understand that this would prevent us from taking them to court if they did not pay. I am just trying to cover my back in case of the worst scenario.
I also apologised for my impatience today but the reality is that I have felt let down having not heard anything in 24 hours. Graham did explain that it is pretty common for the MU to take 48 hours to respond. He appreciated that the situation had progressed/deteriorated pretty rapidly today. And perhaps it was not picked up on because it is an existing case as opposed to a new case. He has explained that you are off today (I did receive your out-of-office), but I think that it might have been helpful to have a backup contact at the MU who I could liaise with in your absence. As I am sure you appreciate that I have taken your advice to a) charge the 100% and b) converse via email — both of which I completely agree with — but clearly this has riled up the client and got him angry/upset with me for sticking to my guns.

I do feel like the client is deliberately trying to provoke me in order to get out of the agreement (in the hope that I might cancel). I am aware of this and I have no intention of cancelling, all the more so, out of this awareness. Despite how much it is affecting my mental wellbeing.
Where have I left things with the musicians? I have advised them that the gig is going ahead in principle. However, I have kept silent on group email while today’s developments happened, and only conversed with a couple of the musicians via phone/WhatsApp (bassist purely to go over the musical arrangements, pianist/vocalist to discuss contractual details, but in not too much detail, percussionist’s wife who is experienced and adept at managing client relationships. Fortunately, all musicians have been completely wonderful / understanding / patient.
Finally, Graham highlighted that as I say, the ball is in the other person’s court.
Agent — emailing the client.
Client — due to make the payment by tomorrow at 10 am.
Sorry, bit of a mental splurge here but I have tried to recount everything/as much as possible. If anything else does occur to me that I might have forgotten from the various phone calls, I will of course keep you briefed and updated.
Attaching 1) client contract and 2) W's terms and conditions in here (just in case needed/useful).
Musicians
For now, I will hold off communicating with the musicians, at least in group email (I think that where I have left things is perfect in saying that the gig is going ahead). But I will be responsive in case they call/WhatsApp me with any individual queries/concerns.

Good that the agent is supportive. And like Graham said, best thing to do is wait until 10 am tomorrow, see if the payment arrives. Then pick things up with you once we know what the score is. I will feel 100% more confident once the money has arrived.
Hope this helps and apologies once again for today’s panic, I was not sure how to proceed, but the above phone calls have been helpful.
And looking forward to speaking tomorrow.
Cheers
Rory

On 14 Dec 2021, at 16:13, Rory Duffy wrote:
I do need reassurance that nothing written in my latest email to PW will hinder my case.
The phone call with MM has triggered me. I might have written some statements to PW that might be used against me. This might be my imagination, which is why I would really benefit from some input and perspective, here. I am alone in this matter now and grappling in the dark with no-one there to reach out to. I am trying to maintain objectivity as much as possible, but it is difficult when I am reaching out and hearing nothing back and I only hear the deafening sound of my own thoughts.
I feel so helpless.

On 14 Dec 2021, at 15:47, Rory wrote:
Correction *almost 24 hours (I see that the most recent email from NW was at 17:14)
Thanks 🙏

On 14 Dec 2021, at 15:45, Rory Duffy wrote:
Hi,
I have just left you another voice mail. Sorry if I sounded impatient. I am sure you will have seen my email (below).
The bottom line is that none of this should have happened. A phone call with the client directly should not have happened. It was the ultimate recipe for disaster.
Since I have not heard from you in 
Almost
24 hours, I have been directly subject to the recommendations of the agent, i.e., “speak on the phone” when she is backing me up, I had no other option but to comply (having no other reason to exempt myself from the phone call).
With this in mind, please would it be possible to claim some relief on my MU membership? I have been a paying member consistently since 2010 and I feel that I am not receiving sufficient enough advice to warrant my paid membership. Next payment is due on 13the January 2022. I would be grateful if I could obtain relief for this month.
I appreciate that both HC + NW are off today. I also appreciate that it is a crazy time of year for musicians, not to mention with the new variant developments. And I understand if you are short-staffed at the moment.
But the reality is that this situation should not have reached this critical point. I did take your advice of not speaking on the phone but the agent pushed back on that, and since she is supporting us, I had no other option but to comply with her request for me to speak with the client on the phone.
I hope that you understand my situation and the reasons why it has reached this point. And why I am now wondering whether my subscription is worth it (apart from the PLI).
I will continue to keep you the loop on any further developments but I would appreciate some follow-up (either via email or phone) to discuss or provide input.
Thanks
Rory

From: Rory Duffy
Subject: Fwd: Invoice - Latin Explosion - 16/12/2021
Date: 14 December 2021 at 15:30:25 GMT
To: PW
Hi PW,
Unfortunately, the conversation with MM did not go very well at all, hence why I am emailing you personally rather than Cc’ing him. Due to the subjective nature of the phone call, I would appreciate it if you would please use discretion (which I am sure you will do) in any details that I relay to you beneath this double line.
===
MM was rather short and abrupt with me.
“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 check through any additional details.”
MM: “No, I am not happy. But whatever.”
First, he asked me what music we have been rehearsing. I briefly read 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.
Second, he asked me whether the soft drinks arrangement is acceptable. I confirmed that this was completely 100% fine.
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 with 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. I did not have the musicians show advance in front of me so it took time to formulate my answers. It was a very quick fire conversation.
Finally, he started asking me ambiguous questions regarding the contractual details. The questions were something like “do you still think that it is a good idea to go ahead?” 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. He said that he has already done so. But he was asking me ambiguous questions about my professional opinion. I cannot remember the questions, because they were asked to me verbally. 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 expressed my discomfort at having this conversation verbally over the phone. I asked him if we could have this conversation in a written form, via email/WhatsApp. 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. 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 has not resolved anything. It has made matters worse. The details are now completely lost, unmonitored, untraced and unaccounted for, as a result. All I remember is that the tone was sour.
How should we proceed now? I cannot deny that there is an unhealthy atmosphere with this client, despite how much I have attempted to appease him.
I would be grateful for your continued support.
Thanks,
Rory

From: Rory Duffy
Subject: Re: Invoice - Latin Explosion - 16/12/2021
Date:14 December 2021 at 14:22:50 GMT
To: MM
Cc: PW
Hi MM,
That’s great, and thank you for the info. Attached is our PLI (Public Liability Insurance). I will bring 4-way extensions on Thursday. We have 1 vegan and 1 vegetarian onboard.
Just to re-confirm, we will require payment via BACS (online) by tomorrow. We request this for all W bookings, and PW has recommended that this be made by 10 am. Please would you be able to let me know who will be our primary contact regarding payment?
Would you like to go over any other details on the phone? If so, when would be a suitable time to reach you?
Thanks,
Rory

On 14 Dec 2021, at 10:11, MM wrote:
Hi Rory,
Sorry, you misunderstand me, we do not have an event on Thursday due to government directives to work from home. But as you wish not to postpone the event, I would not want your band to miss the opportunity to play on Thursday evening at our office.
As such, I can confirm the following items are still the same on your itinerary:
Green room
Guest Access
Parking
Hotels
PLI/PAT – although you are yet to get back to me on this point.
Lighting/AV
Departure
Set timings
Requests
Dress code
The below have changed, and happy to discuss further:
Meals – we no longer have grazing boards and do not have a kitchen facilities at the office, but can arrange for the receptionist to pop out and pick up a pizza if you would like to confirm toppings. There is also a shop around the corner where we can pick up some bottles of soft drinks or cartons of juice, and of course we have fresh water on site.
Arrival/get-in – One of my receptionists will be on hand should you have any questions.
Please still use my contact number as I will be available on the day should you have any queries.
Best
MM

From: Rory Duffy
Sent: 14 December 2021 09:00
To: MM
Cc: PW
Subject:Re: Invoice - Latin Explosion - 16/12/2021
Hi MM,
Thank you for re-confirming that we are proceeding as normal this Thursday, 16/12/2021. I can confirm that this date is still live on our side and I have notified the musicians that the performance is going ahead.
I look forward to receiving payment promptly tomorrow morning, and meeting Daisy & Gemma and entertaining your guests on Thursday.
Many thanks,
Rory

On 13 Dec 2021, at 12:43, MM wrote:
Hi Rory,
Well I wouldn’t want to disappoint the musicians in not playing on Thursday so please do proceed with the booking.
MM

From: Rory Duffy
Sent: 11 December 2021 10:13
To: MM
Cc: PW
Subject:Re: Invoice - Latin Explosion - 16/12/2021
Hi MM,
I am sorry to hear of your frustration on the matter, but the reality is that the musicians have had to decline other engagements in order to commit to this date.
We can certainly look into a date further into the future, but this would have to be treated as a separate booking and the cancellation fee for the original booking of 16/12/2021 will still have to be charged.
Many thanks,
Rory

On 10 Dec 2021, at 17:05, MM wrote:
Hi Rory,
Thank you for your email.
I am sure you are aware I tried to contact you 3 times on Wednesday specially asking you to call me back that day, which is 8 days prior to the booking. That aside, would you not think it best to postpone, not cancel, the booking and in doing so affording the opportunity to play to over 100 potential future clients instead of taking the money and having your reputation and that of your agency tainted by this episode?
The government may not have specifically said no office parties, but when all of our office will be working from home as a directive from government how could we expect them to come into a packed office environment for a party - a complete change of conditions from when this agreement was made.
I am completely prepared to pay you and would never think otherwise, but I would think it best for you all to play for us and honour this booking on a future date.
I look forward to hearing from you.
Best
MM

From: Rory Duffy
Sent: Friday, December 10, 2021 11:07:50 AM
To: MM
Cc: PW
Subject: Invoice - Latin Explosion - 16/12/2021
Hi MM,
I hope you are well.
Thank you for your call on Wednesday letting me know of your need to cancel our booked engagement next Thursday 16/12/2021. As discussed, our standard policy is that any postponements are treated as a cancellation due to the fact that the musicians have declined other offers of work in order to honour this one.
Since we are now within a week of the event, we do need to charge for the full 100%, regrettably, as the musicians who I have booked have requested that the full fee is paid.
I have attached the original invoice sent to you before, which is payable by next Wednesday 15/12/2021.
Any questions, please feel free to get in touch with W or myself.
Thanks,
Rory

Begin forwarded message:
From: HC
Subject: RE: Thank you for signing the paperwork for your booking 16/12/2021
Date: 9 December 2021 at 10:53:23 GMT
To: Rory Duffy
Hi Rory,
Thanks for your email.
Once a gig is contracted, the full amount is due if the hirer cancels, subject only to an obligation to mitigate your losses by trying to find alternative work for the date in question. This can sometimes be more complex if a third party, eg an agency, is involved.
This is why none of the MU Standard Contracts contain a sliding scale of fees payable in the event of cancellation.
Musicians sometimes insert a sliding scale of fees into their contracts, so the closer to the gig date the cancellation occurs, the higher the sum payable. If these figures are not a genuine pre-estimate of the loss you will suffer, then they may be regarded in law as a “penalty” and unenforceable, especially if the musician manages to find replacement work.
If you do decide to use sliding scales in your contracts you should be prepared to justify the figures. A sliding scale can also mean you receive less in compensation than you might otherwise receive had you sued for the full fee subject to mitigation.
In this instance, we would advise that you could go with 100% as an initial position, but you will need to see what W say. The musicians you booked could potentially look to you for 100% of their fee, so you will need to bear that in mind.
I hope that helps, and do come back to us if you have any further questions.
Kind regards,
HC