I hired a sound production company to provide sound for my daughter's CD release concert at her high school on July 28th. In brief, the entire affair (sound wise) was a "train wreck". I signed an “invoice”, (which they now refer to as a “contract”), which inventoried a list of sound equipment, lights, and stage they intended to provide. Apart from this list, at the bottom of the Invoice, the only other things specified are Location, Sound Check 5PM to 6PM, and ShowTime 7PM.I asked Hyperman to be set up by 1pm at the latest, at which time the musicians would arrive. We needed the sound tech’s time for 2 to 3 hours to rehearse and make sure everything was set. Starting at 1pm would get us done at 4pm with plenty of time before the 7pm Show Time to eat, relax, get dressed, etc. He said they would be happy to do that but would have to charge extra for the technician’s time sitting at the soundboard for 2 or 3 hours. I said that was fine.Without going through all the details, they finally got the sound working for the first time at 4:30pm. (This only means that the sound was coming through the speakers, no quality). They were still in the middle of setting up all the electrical equipment on the stage and by 5pm nothing of any consequence had happened. So the band began running through the songs on their own, with no one at the sound board mixing the sound. Two of the three Hyperman employees were taking a break and the third who was the only actual sound tech, was on the stage miking the drummer’s drums and still attempting to mike the amps and so on. By 5:20 pm there was still set up to be done on stage, but with the doors opening at 6pm there was no time left. I finally got so fed up I went up to the stage and asked the sound tech to get his guys off break to do the “grunt work” he was doing and let’s get mixing the sound. The sound tech left the stage to go to the sound board to try and do some semblance of a “sound check” before the doors opened. Since we never did get through it, there were lots of dynamics that did not happen. For example: 1. We wanted the spotlight to focus on certain players during certain moments in the show (as we agreed on verbally) but since we didn’t do a rehearsal the main stage lights never dimmed and the spotlight never gave any dramatic effect as intended, to anyone. All the lights were on full blast the entire show.2. At the end of the very last song in the show, the song was supposed to end and the lights go black simultaneously. Instead the lights went black while the musicians were still playing. 3. In the middle of the show my daughter sang four songs with one acoustic guitar player while the other players took a break. The spotlight was supposed to highlight the two of them and the sound was supposed to have some special effects, neither of which happened. 4. During the first four songs of the concert there were many moments of loud feedback while the sound guy adjusted. 5. After the show the musicians complained that they could not hear themselves through the monitors, all throughout the show, which is essential to a good performance, etc., etc.I paid half the total charges of $2,600 dollars as a down payment and the other $1,300 before set up began on the day of the show. I stopped payment on the second of the $1,300 checks and wrote a two page letter to the president of the company with details. Initially he reacted very apologetically admitting that this was not at all representative of what Hyperman Productions was about and assured me these employees would be “dealt with”. He offered to do my next show for half price to prove to me what kind of an operation they really run. Needless to say, I would never take the risk.Hyperman asking me to pay the other $1,300 is like hiring someone to cater a backyard chicken barbecue where all the chicken and other food was burned and inedible, but insisting on me paying for the grill, food warmers, dishes, tables, etc. When you hire a sound production company, the equipment and the professional skill to run it are inseparable. Yet they want me to pay for their equipment costs even though they admit the sound part was botched. I would like to recoup my original $1,300 but I know that is probably more trouble than it is worth. If they are willing to call it good at the $1,300 I have already paid, so am I.Do I have any legal ground to stand on? Thanks
Thank you for the post, I am happy to assist you by answering your questions. Yes, you have a valid defense. From your description the company breached the contract by failing to deliver the services bargained for, and in truth, should be pleased that you are not seeking a full refund or pursing a small claims action against them for the down payment plus a sum to compensate you for the opportunity costs (as you cannot recreate the moment that they were contracted to participate in). Please let me know if you need additional guidance or have any follow up questions.
Even though I thought of the lost opportunity, something you can never recreate, I never thought about it as something I could actually seek reimbursement costs for. Am I reading you right
Even though I thought of the lost opportunity, something you can never recreate, I never thought about it as something I could actually seek reimbursement costs for. Am I reading you right? Hmm..Maybe I will follow through with recouping my costs as they are starting to sound very uncooperative.
Yes, that it what I am saying. These are called opportunity costs (meaning you lost the opportunity to have the event proceed as planned and cannot get that back).
Thank You! Great answer, concise and to the point.
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