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The following complain was received from a performer against a member agent of the AEAA in the second half of 2005.

The standard procedure of the AEAA is to then send a copy of this complaint to the agent mentioned and invite their right of reply in writing. Both the letters are then tabled at the next meeting and a determination is made.

For privacy reasons all names and identifing details have ben removed.

Letter of Complaint from Band Y

I’m writing this letter to avail you of a matter between Agent X and band Y a cover band of which I am a member. August last year I Contact Agent X in relation to getting work at venues in the Eastern districts. I contacted and then visited Agent X at his office and played him a gig on computer we had done with the guise of getting work. On viewing the CD he was able to get us 2 gigs at Hotel 1 on the 17^th September 2005 and a second at Hotel 2 on the 24^th September 2005. I had provided bank details and the funds would be paid in the following days. I waited about a week and still no payment, I was also told that Hotel A had asked for a reduction in fee due to a feedback problem we had to which we agreed to take a pay cut of $50 it was also said that he was waiting payment from both venues. I waited till mid December with Agent X not returning my calls at this stage and I contacted Hotel 1 wanting to get work. I spoke to the manager there who we had liased with on the night of the gig to be told he had paid Agent X on the week after the gig. To my dismay I thought it better to leave the matter with my accountant as he was better versed in these matters. He spoke to Agent X who signed a letter of commitment to pay all arrears by 26^th Jan 2006(4 months late). My Accountant contacted him on the 28^th Jan to be told he might need more time. I then Contacted Agent X only for him to tell me that I should give the matter to a debt collector so he could work out a payment arrangement with them to pay the outstanding funds. He also stated that the ATO have control of his finances and that he was looking at being insolvent. I was very disappointed with the treatment we receive d from Agent X I know its hard getting into the music business we rehearsed our band for 6 months before looking at agents for us. To date we have received no payment for the services provided and I can only think with the treatment we have received this maybe standard business practice for Agent X. I think it fair that Agent X would have to show cause why he should still be able to be part of any association that would not allow such practises to be used. I forward this letter for your consideration

Name and address of Band supplied but withheld for privacy reasons.

Response from Agent X who at the time of writing this letter was a member of AEAA

In relation to the letter from Band Y dates 15^th February 2006. I would like to put my reason forward. Band Y did approach us in 2005 for us to represent Band Y at our office by appointment. Band Y bought along a live video clip from another gig they had done and in viewing that even the poor quality that it was they did seem to be quite okay as a band. We were at the time booking bands into hotel 1 every Saturday Night to run in conjunction with the venues disco night club. We had 12 bands booked to play up till the end of the year confirmed by the venue and one of them was band Y

I explained to band Y that the room was quite large and that he will need a PA large enough to cater for the room and told Band Y to inspect the room to make sure his PA was capable for the job. On inspection Band Y got back to me to confirm his PA was quite sufficient to do the job. Band Y was then booked to perform the show on Sept 17^th 2005 using their own PA. The next Monday I contacted the Venue to see how things went only to hear that Band Y PA was absolutely disgusting and the crowd was complaining with the sound and band quality. Band Y tried to rectify the problem to no avail and therefore Agent X was told the band was not going to be paid.

I then explained to management at the venue that I was prepared to loose my commission and to make an offer to the band and I will pass this on to them for acceptance and get back to you. I called Band Y and he agreed that the sound was terrible and that the PA was not large enough for the job and they would accept a reduced fee of $500. As A result of Band Y’s mistake and unprofessional attitude Agent X had notification to cancel all other bands booked up till Xmas and therefore lost not only Band Y’s commission but $1080 of revenue from the other nine bands who were booked to play at the venue and also the respect of the venue we had been working with for the past 14 months and having to explain to all other bands why their gigs were cancelled.

As far as Band Y mentioning that Agent X be insolvent and the ATO having control of our finances this is not true and I see it as slander and total disrespect and quite frankly if it was true it is none of band Y’s business.

Hotel 2 was offered to band Y and was then cancelled by the owner which Band Y accepted. The owner then contacted me to say look if they want to perform they can but I can’t pay them for a month If they accept these terms they can play and Band Y accepted these terms.. It was agreed that Hotel 2 was to pay the band direct in 1 month’s time and Band Y accepted this. I have not been paid my commission for this performance as the venue was struggling financially. The fee for Band Y performance is between the Venue and the band as Agent X have contacted the venue on many occasions to receive payment for the commission and to send the band their payment when they can. Band Y has all the contact details for Hotel 2 and should seek legal advice to recover his money.

Agent X sent out to Hotel 2 a payment arrangement of $100 per month for all commission they owed from other bands that performed there which was agreed on without taking it to a legal representative the amount owed to Agent X was $380.

Agent X has lost a lot of revenue from Band Ys un professionalism within a short period. We have offered to pay Band Y $100 per month via the bands accountant to have it rejected as we cannot afford to pay the total fee in one hit due to lost revenue as a cause of band Y

We would like to offer the same deal of $100 per month over 5 months starting in April. If this is not accepted I suggest Band Y seek legal advice to have an arrangement made with his legal representative and Agent X

I as an Agent am absolutely disgusted in the way Band Y deceived me in saying their equipment was up to the job even after inspecting the venue just to get there name up in lights but as a business person their actions have hurt and cost us dearly and I therefore suggest to anyone who is approached By Band Y to perform consider it very carefully.

Name and address of Agency supplied but withheld for privacy reasons

Determination by AEAA:

The AEAA strongly believe that Agent X must immediately make the payment owed to Band Y of $500. At the time this complaint was made to our association agent X had just resigned as a member. It was determined that any future application to rejoin by this agent would be unsuccessful while the funds remain unpaid.