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Music

Afraid musicians won't show

My FI and I have been emailing and talking on the phone with the leader of a string quartet for almost two months now.  He keeps assuring us that he has committed his group to play and that he will email us the contract "tonight."  He's been saying this for over six weeks.  When I ask him if he's still planning to play and when he is going to send us the contract, he gives excuses, including "my wife is in the hospital," "I've been busy with a 9/11 concert series," and "my son is in town from Europe."  But then he still never sends the contract.

I'm really nervous that he won't show at our wedding because he's been completely unreliable about even emailing us the contract.  It's been almost two months of trying to confirm with a contract, and at this point (only one month away from our wedding) I just want to use another vendor, even though we would have to pay a little more.  We haven't signed a contract or given him a deposit, but I'm afraid to cancel in case he says we're breaking a contract by backing out now.  I'd really rather not get sued in small claims court or something.  Have any of you experienced this?  Any advice?

Re: Afraid musicians won't show

  • doeydodoeydo Southwestern Ontario member
    5000 Comments 500 Love Its Third Anniversary 5 Answers
    I think you can tell him you have chosen not to use his services and then just use someone else.  You never signed a contract and he never gets back to you so I don't think he could sue you.
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  • So you haven't signed a contract or exchanged money? 

    Have you corresponded with him via email? If not, then he has literally NOTHING in writing, and I believe that in this instance, the burden of proof is on him to prove that you have a verbal contract. 

    I don't think, even if you do have email correspondence, that it's enough since he failed his obligation by not giving you a contract. 

    I would send him (in writing - either mail or email) a letter that says something along the lines of: 

    Dear Vendor, 

    This letter is to notify you that unless we receive the contract for your services on our wedding date - November xxx, 2013 by (deadline) we will not be utilizing your string quartet. 

    Thank you, 

    Stelle413

    ***NOT A LAWYER, JUST WHAT I WOULD DO***
  • Update:  We let him know that we decided to go with another group since we hadn't heard back from him.  He emailed and called me back right away wanting to keep our business, but I just told him again that we hadn't heard back from him in weeks and decided to go with someone else.  I haven't heard from him again, so I think everything will work out.  We also booked a very reputable and responsive group that I'm so happy to work with now.
  • you did the right thing.  They had plenty of time to send the contract and they failed so you are in your right to cancel.  Glad you found someone responsible.  No matter how busy someone is, most professionals have a copy of the contact on file that would take 5 minutes to update.  Its his own fault he lost this gig and will hopefully learn from it for the future. 
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