QUESTION

Am I responsible for the plane ticket?

Asked on Mar 14th, 2013 on Entertainment Law - California
More details to this question:
I am an entertainer. Signed a contract with a company to go and perform. For airfare, hotel and performance fee. They bought my plane tickets and sent me my itinerary. The performance fee of course I would not collect until I get there. After my plane tickets were bought, they then asked me if I could find my own lodging, due to not enough money in their budget. I said yes, as I could stay with friends. No new contract was drawn to reflect the changes. I have now accepted a new job, and unable to attend said performance. Now they say that I need to pay back the money for the plane tickets....which I do understand. But, technically, didn't they break the contract first for not providing hotel? Or drawing up a new contract? My consent through an email, is that binding?
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3 ANSWERS

Review the contract with an attorney to discuss this issue. Perhaps another resolution can be reached.
Answered on Mar 15th, 2013 at 6:16 AM

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Workers Compensation Attorney serving Oakland, CA at Farber & Foote, LLP
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Always difficult to analyze the situation without a full review but it appears they asked to modify the agreement and you agreed to the modification - prior to you breaching.
Answered on Mar 15th, 2013 at 6:15 AM

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Susan Marie Basko
This is why talent uses licensed talent agents. A licensed talent agent is required to check out any company you are signing with, to make sure they are financially stable. To me, it sounds like the plane tickets should have been returned and refunded to whatever extent possible. Since you have not stated why that did not happen, I cannot consider the rest of the facts. Why would you keep plane tickets if you were not using them? You might need to speak with a lawyer and tell them the whole story.
Answered on Mar 15th, 2013 at 5:52 AM

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