JustGrimace
Junior Member
Our band agreed to perform at a festival over the summer in New York, and paid a non-refundable 1000 dollars to do so. The event got pushed back to the end of September, and changed venues. As much as we'd like to still play, we're unable to do so. Does the date/place allow us to ask for our money back? Technically, doesn't that mean they canceled as opposed to us, and that we're entitled to our deposit?
From the contract(sent to us over mysapce, not mailed):
"3. Place of Performance: The place of performance is at:
TMT METAL FEST 2010 @ CHENANGO VALLEY RANCH
892 Bowbell Rd Greene, New York 13778
“Venue is subject to change”
4. Date(s) and Time(s) of Performance: The date(s) of the Performance shall be July 15th, 16th, 17th & 18th 2010. Date & Time of actual performance will be decided by the 2010 concert staff manager) This Performance shall have a duration of at least 45 minutes no less than 35 minutes.”Date & Time Subject to change”
5. Performance: The entertainment to be provided by Entertainers is generally described as: Musical performance of the Heavy Metal Genre.
6. Agreement to Perform: Band(s) agree to provide the Performance in accordance with the terms of this Agreement and any addendums or riders hereto: Band(s) will be provided with proper sound & lighting, Band(s) have the option to bring their own personal gear (The Buyer) Will not be held liable for any damages due to neglect or circumstantial damages of any kind.
7. Price of Performance: Band agrees to pay Buyer an aggregate of ($1000.00) in advance for their live performance at the 2010 Concert. Payment will be made Via “PAYPAL”) to (tmtmetalfest@yahoo.com) or check to the address provided below. Any band (s) that does not comply with the terms set forth herein will forfeit their right to all monies and time slot for their perspective performance without any recourse. The $1000.00 is non refundable. Immediate payment required upon execution of said contract.
8. Recording, Reproduction or Transmission of Performance: Buyer will use its best efforts to prevent the recording, reproduction or transmission of the Performance without the written permission of Band(s) or Artist's representative.
9. Excuse of Obligations: Buyer and Band(s) shall be excused from their obligations hereunder in the event of proven sickness, accident, riot, strike, epidemic, act of God or any other legitimate condition or occurrence beyond their respective control."
From the contract(sent to us over mysapce, not mailed):
"3. Place of Performance: The place of performance is at:
TMT METAL FEST 2010 @ CHENANGO VALLEY RANCH
892 Bowbell Rd Greene, New York 13778
“Venue is subject to change”
4. Date(s) and Time(s) of Performance: The date(s) of the Performance shall be July 15th, 16th, 17th & 18th 2010. Date & Time of actual performance will be decided by the 2010 concert staff manager) This Performance shall have a duration of at least 45 minutes no less than 35 minutes.”Date & Time Subject to change”
5. Performance: The entertainment to be provided by Entertainers is generally described as: Musical performance of the Heavy Metal Genre.
6. Agreement to Perform: Band(s) agree to provide the Performance in accordance with the terms of this Agreement and any addendums or riders hereto: Band(s) will be provided with proper sound & lighting, Band(s) have the option to bring their own personal gear (The Buyer) Will not be held liable for any damages due to neglect or circumstantial damages of any kind.
7. Price of Performance: Band agrees to pay Buyer an aggregate of ($1000.00) in advance for their live performance at the 2010 Concert. Payment will be made Via “PAYPAL”) to (tmtmetalfest@yahoo.com) or check to the address provided below. Any band (s) that does not comply with the terms set forth herein will forfeit their right to all monies and time slot for their perspective performance without any recourse. The $1000.00 is non refundable. Immediate payment required upon execution of said contract.
8. Recording, Reproduction or Transmission of Performance: Buyer will use its best efforts to prevent the recording, reproduction or transmission of the Performance without the written permission of Band(s) or Artist's representative.
9. Excuse of Obligations: Buyer and Band(s) shall be excused from their obligations hereunder in the event of proven sickness, accident, riot, strike, epidemic, act of God or any other legitimate condition or occurrence beyond their respective control."
