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Band Contracts - ill performer?

Kara and Todd Posted:

Band Contracts - ill performer?

To any bride who's signed with a band for her wedding... What does your [u]contract[/u] specifically state about if a band member gets sick / hurt and is unable to perform?

Does it specifically state that they will try to replace that person with an equally talented musician?

I saw this in a contract (not necessarily mine):


THE PARTIES TO THIS CONTRACT SHALL BE EXCUSED FROM THE PERFORMANCE OF ANY OBLIGATION UNDER THIS CONTRACT IN THE EVENT SUCH PERFORMANCE IS HINDERED OR PREVENTED BY ANY STRIKE, BOYCOTT, LOCKOUT OR OTHER LABOR TROUBLE, STORM, FIRE, EARTHQUAKE OR OTHER ACT OF GOD; ANY RIOT, CIVIL DISTURBANCE OR ANY ACT OF WAR OR OF THE PUBLIC ENEMY; OR ANY OTHER CAUSE OR CONTINGENCY BEYOND THE RESPECTIVE PARTIES CONTROL, INCLUDING, BUT NOT LIMITED TO, ILLNESS OR DEATH.


ETA - I know it's standard contract language... I'm just curious if your band expressly stated in the contract that it would replace an ill performer. I have no worries about my band bailing on me.

laural2979 Posted:

Re: Band Contracts - ill performer?

Sorry Kara, but I have to . I can totally hear the lawyer in you coming out. I didn't hire a band so I can't give you any advice, but I honestly never thought about that. I did hire a specific DJ and MC and there's no clause on my contract about them being ill.
Kara and Todd Posted:

Re: Band Contracts - ill performer?

Yeah, I overthink everything.

Don't mind me...
lucite Posted:

Re: Band Contracts - ill performer?


Posted by laural2979

Sorry Kara, but I have to . I can totally hear the lawyer in you coming out. I didn't hire a band so I can't give you any advice, but I honestly never thought about that. I did hire a specific DJ and MC and there's no clause on my contract about them being ill.



I would ask the DJ company what happens in case of Illness. All contracts should have such a clause.
The band contract is a little intense but it is well stated. The wording sounds like a recording artists going on tour lingo. Also we hired a DJ for my College Grad party and someone else showed up and claimed my DJ was sick. Which I later found out was not true. My DJ took a wedding gig for more money and sent me a real green kid. S--T happens.
Kara and Todd Posted:

Re: Band Contracts - ill performer?

It's standard contract language. That doesn't bother me.

I was just wondering if most bands explicitly stated their 'contingency' plans in the contract. I'm guessing most do not.
lucite Posted:

Re: Band Contracts - ill performer?

It is standard language. However they should insert a replacement clause with an (equally talented musician). Unfortunately with or without a contract we have no control over what happens the day of.

Julybride08 Posted:

Re: Band Contracts - ill performer?

My contract list all the band members names. And she said that if anyone is sick or quits they will replace them with someone who is qualified. But she said no one has missed any, only her twice and that was the weekends after her 2 kids were born.

Kara and Todd Posted:

Re: Band Contracts - ill performer?


Posted by ker21318

My contract list all the band members names. And she said that if anyone is sick or quits they will replace them with someone who is qualified. But she said no one has missed any, only her twice and that was the weekends after her 2 kids were born.



Did she write in the contract that they would be replaced with someone qualified? That's all I'm curious about.
dianadrw Posted:

Re: Band Contracts - ill performer?

Our contract states that if a band member is sick, etc they will be replaced with an equally qualified musician.

TnOiOnL Posted:

Re: Band Contracts - ill performer?

Yes mine states that they will replace the ill performer

carolinebr Posted:

Re: Band Contracts - ill performer?

Standard band contract lingo... if in the RARE case someone can't make it, they'll get someone to fill in. At the wedding circuit level, everyone knows everyone so fill ins are easy.

But in all honesty, no one ever bails on a gig unless it is life or death.
Blu-ize Posted:

Re: Band Contracts - ill performer?

I don't remember the contract but our band leader did say that if any of the performers could not be there for some reason they would be replaced.

So, we got a 9 pc band and it had a certain configuration. If the guitar player got sick and couldn't make it they would replace him with another guitar player that knew the songs and could fill in if necessary. The same for any other musician.

He also said that a situation like that is extremely rare. These people have to show up to get paid..they don't get sick days.
ssdbk Posted:

Re: Band Contracts - ill performer?

I requested that our contract include the names of some of the key members in the band-just in case they got a replacement that was not up to par. If someone had been sick, but the replacement sounded fine, I would have been reasonable and not turned it into a problem, even though I had names in the contract. If the replacement sounded bad or was not professional, I may have asked for some money back. I didn't have any problems, though. And to tell the truth, I don't think many brides would even notice a switch (ok, some would).

Julybride08 Posted:

Re: Band Contracts - ill performer?


Posted by Kara and Todd


Posted by ker21318

My contract list all the band members names. And she said that if anyone is sick or quits they will replace them with someone who is qualified. But she said no one has missed any, only her twice and that was the weekends after her 2 kids were born.



Did she write in the contract that they would be replaced with someone qualified? That's all I'm curious about.



i think it does say it on there. I have it at home and will look at it later. But she did say that if there sick they still have to show up. (ex: singer lost there voice) but there will be a replacement to play for them.
jeanla4c Posted:

Re: Band Contracts - ill performer?

I don't know if this helps but for what it's worth--my dh is in a band and they play weddings (and other gigs)...they will play unless they are deathly ill or some extreme circumstance--

I think of all the gigs they've played (and it's over 500)...only two did they have to have substitue players (once following 9-11 when drummer was stuck out of country due to flights and another time when the bass players mom passed away suddenly).

Don't worry, it will be fine.
lauramark Posted:

Re: Band Contracts - ill performer?

I believe my contract says the same thing - it also lists who the band members are.

JIFFY Posted:

Re: Band Contracts - ill performer?

Geez Kara! I think you need to take a vacation honey!

(but def something to think about!)
sr081906 Posted:

Re: Band Contracts - ill performer?


Posted by Blu-ize

I don't remember the contract but our band leader did say that if any of the performers could not be there for some reason they would be replaced.

So, we got a 9 pc band and it had a certain configuration. If the guitar player got sick and couldn't make it they would replace him with another guitar player that knew the songs and could fill in if necessary. The same for any other musician.

He also said that a situation like that is extremely rare. These people have to show up to get paid..they don't get sick days.



ACTUALLY NOT THAT RARE. I went to a wedding recently where the singer had been 'replaced' and they did not inform the bride.

Soo.. be very careful what you signed and agree on.

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