Agent of Golf Club or otherwise!

[3offTheTee]

A club nearby arranged a Sportsman's Dinner. The guy that arranged the guest speaker is a member of the club although he has no official capacity although the speaker may/ may not have been aware of that. Also unsure whether there was a signed contract/ verbal contract.

The dinner has now fallen through and the speaker is after a percentage of the money.

Where does the club/ individual stand?

Think the speaker only had about 10 days notice of cancellation and so unlikely to find an alternative event to speak

 

[nemicu]

A percentage of nothing is nothing surely? Unless there is an agreement of an appearance fee, or more likely, a cancellation fee - the speaker may be screwed. I assume any funds (tickets) paid by guests have been returned?

 

[Dodger]

Name and shame the speaker...

 

[ManinBlack]

A percentage of nothing is nothing surely? Unless there is an agreement of an appearance fee, or more likely, a cancellation fee - the speaker may be screwed. I assume any funds (tickets) paid by guests have been returned?

Not quite. When the speaker was booked a contract was entered into. Doesn't matter if it wasn't in writing but, on cancellation, the speaker is entitled to compensation for any loss of income, net of any travelling etc. expenses he has saved. The doesn't need to be a written contract or a cancellation clause. I was booked to photograph a golf day, it was postponed twice & cancelled with 3 days notice. The company booking it said they wouldn't pay because there was no cancellation fee specified. They coughed up when threatened with the Small Claims Court.

If the member was arranging the event at the request of the club then the club is liable.

 

[ManinBlack]

Name and shame the speaker...

Why shame? If it's his living he may have turned down work for the date he was booked. I've been on the receiving end of this type of treatment, people think they can just cancel with no comeback. A contract is a contract, whether it's written down or not. The decent thing for the club to do would be to agree some compensation.

 

[Dodger]

Not quite. When the speaker was booked a contract was entered into. Doesn't matter if it wasn't in writing but, on cancellation, the speaker is entitled to compensation for any loss of income, net of any travelling etc. expenses he has saved. The doesn't need to be a written contract or a cancellation clause. I was booked to photograph a golf day, it was postponed twice & cancelled with 3 days notice. The company booking it said they wouldn't pay because there was no cancellation fee specified. They coughed up when threatened with the Small Claims Court.

If the member was arranging the event at the request of the club then the club is liable.

I'd have seen you in the court.

No contract no pay.

 

[Ethan]

I think to cut through the legalities, if the club know the speaker was expecting a fee, and had reason to believe it was an official function sanctioned by the club, then they have a moral responsibility to gave fair notice of cancellation.

If it was short notice and the speaker had given up another gig, some compo is reasonable and fair.

 

[Hobbit]

Not quite. When the speaker was booked a contract was entered into. Doesn't matter if it wasn't in writing but, on cancellation, the speaker is entitled to compensation for any loss of income, net of any travelling etc. expenses he has saved. The doesn't need to be a written contract or a cancellation clause. I was booked to photograph a golf day, it was postponed twice & cancelled with 3 days notice. The company booking it said they wouldn't pay because there was no cancellation fee specified. They coughed up when threatened with the Small Claims Court.

If the member was arranging the event at the request of the club then the club is liable.

I'd have seen you in the court.

No contract no pay.

You'd lose. Its an "inferred contract."

 

[chrisd]

A contract doesn't have to be in writing

 

[London mike 61]

How would the club feel if the speaker had cancelled at the last moment?, would they feel comfortable trying to take the speaker to court for breaking a 'contract' ?

The right thing to do IMO is to give the speaker a token amount as a good will gesture for loss of income , that way everyone will feel better about a less than desirable situation.

 

[Dodger]

You'd lose. Its an "inferred contract."

Verbally? Tough to prove,

Who are you?:smirk:

 

[ManinBlack]

You'd lose. Its an "inferred contract."

Thank you.

 

[Hobbit]

Verbally? Tough to prove,

Who are you?:smirk:

sore loser??

 

[SocketRocket]

I think the club/individual are morally obliged to refund the speaker any loss of proven expenses but unless there was a formal purchase order for his services then he would not win a compensation claim.

 

[Dodger]

sore loser??

Not at all.

He says we verbally agreed and I say I have no idea who he is and have never spoken to him before.

He can't be much of a performer if he's left himself that wide open. I deal with these guys multiple times a year and not one have been booked without deposit and contract..

Pity him,time he gets himself a proper manager.

 

[Sweep]

Not at all.

He says we verbally agreed and I say I have no idea who he is and have never spoken to him before.

He can't be much of a performer if he's left himself that wide open. I deal with these guys multiple times a year and not one have been booked without deposit and contract..

Pity him,time he gets himself a proper manager.

Not difficult to prove a verbal booking had been made. Just find an advert or a ticket in the case of the dinner that fell through. Also, lying in Court is a criminal offence, so you are on very dodgy (sorry) ground claiming you have never met or spoken if you have. I won a case where I entered into a verbal agreement to market a product, spent money on marketing material and the other side backed out at the last minute. I produced the marketing material in Court along with dates and minutes of meetings. Job done.
in the end it comes down to who the judge believes. If he /she believes there was an agreement they will rule on that basis. It is better if everything is in writing, but not completely neccesary.

 

[Hobbit]

Not at all.

He says we verbally agreed and I say I have no idea who he is and have never spoken to him before.

He can't be much of a performer if he's left himself that wide open. I deal with these guys multiple times a year and not one have been booked without deposit and contract..

Pity him,time he gets himself a proper manager.

In a one-2-one agreement you may well get away with. But something like Sportman's Dinner, in which numerous people will have knowledge, and there may have been a poster/tickets etc... would you as a Club Sec go into court and say you know nowt about it knowing full well anyone of your members could drop you in it up to your neck?

Nice try Dodgy one but back to the letter of the law... its an "inferred contract." You lose.

 

[Dodger]

In a one-2-one agreement you may well get away with. But something like Sportman's Dinner, in which numerous people will have knowledge, and there may have been a poster/tickets etc... would you as a Club Sec go into court and say you know nowt about it knowing full well anyone of your members could drop you in it up to your neck?

Nice try Dodgy one but back to the letter of the law... its an "inferred contract." You lose.

I would do anything to save cash and I would be confident in winning unless poster,tickets had been printed but if they had not it's hearsay.

I really can't believe clubs or performers go into events like that without contracts.Unprofessional and saves dealing with dodgy characters like me.

And it's Dodger by the way Nobby.

 

[6inchcup]

i have been to loads of sportsmans dinners and a few i would like my money back,some were terrible speakers reading from a script,one told the filthiest jokes i have ever heard ( mixed company ) must have been used to stag party's,and one turned up drunk,never left his chair,never spoke and his manager had to read from his auto biography !!!!( mr g.best),just because they have been on tv or been involved in sport doesnt make them a after dinner speaker,the best i have seen for a while was sean stiles,very funny with loads of storys about his life doing the clubs and radio work.