Kevin Ferguson's Nightshift (boycott)

Garr · Post by **Garr** » Mon Oct 23, 2006 1:34 pm

Music Money Making Machine. . .M4

Recordstar · Post by **Recordstar** » Mon Oct 23, 2006 2:48 pm

Garr wrote:thanks for jinxing me!

Seriously, though, you have to have a bullsh*t filter. . .and you have to explicitly state your expectations and get the booking rep to agree to them. I've been real lucky at not getting taken, but I'm also one of those who isn't concerned with the amount as long as it's fair. I play out to support my stage addiction

The issue isn't how much you get paid...but IF you get paid !! This is what separates the "professional musician" from the "hobbyist". * Note I did not call them amateurs. The prof's need to have the guarantees that a contract provides to enable them to have recourse on those "booking reps" that DO NOT live up to the "verbal" agreement. When your livelyhood depends on the fulfillment of contractual obligations (on both sides) you have to have a means of recovery. This recovery is via the court system. This also teaches the "booking rep" this kind conduct is not allowed in the business world. You will always find individuals that will try to circumvent an agreement, whether verbal or written. However, the written agreement gives you legal clout.

St. Alfonzo · Post by **St. Alfonzo** » Mon Oct 23, 2006 5:00 pm

F him and F his show.

Sankofa · Post by **Sankofa** » Mon Oct 23, 2006 5:05 pm

I only saw one episode of his show and it looked fairly homemade.

QuiNSANiTy · Post by **QuiNSANiTy** » Mon Oct 23, 2006 10:20 pm

I thank everyone for there input. I wasn't really concerned about us not having a contract. I wasn't even upset at not getting paid. We weren't getting paid and that's why we went and talked to him. He basically lied on TV about our verbal exchange.

The thing is he doesn't threat anyone with respect at all. He thinks that anyone that works for him is a priviledge. He had no reason to lie and even harrass us on the phone. That's unprofessional on any standard. But for some strange reason he decided to talk sh*t and lie about us when we did nothing wrong but play his show and decide that maybe we wanted to do something else respectfully.

The buttom line is he wants bands to kiss his ass. I REFUSE TO DO THAT. What I do believe is that contract or no contract he made the option of disrespecting a fellow businessman. And that he'll continue to look at local musicians and do the same because he is Kevin Ferguson.

If Area Local Band's Boycotting his show doesn't mean that your hurting yourself. What I don't think alot of people know is we ALL HAVE A VOICE. Learn from my experience. DON'T WORK FOR KEVIN FERGUSON. As a community we can have some self respect for ourselfs. If we keep going to him he'll keep treating us like sh*t.

We don't have to condone this behavior. If I was at a bar and they did this. Regardless if we got paid or not, it isn't acceptable behavior (unless you let it be). I have enough pride in every working musician in town that I would stop gigging some where if I thought the Venue treated a group disrespectfully and it was evident.

We obviously didn't need that gig. It's not the end of the world. I'm more then happy to be done with the gig but save yourself the trouble and son't play for him. And at the same time he'll have to respect the fact that many bands won't play there because he treats them poorly. Pay or no pay.

Recordstar · Post by **Recordstar** » Mon Oct 23, 2006 11:28 pm

I can appreciate your frustration. BUT... you never know who or when a situation such as the one you were in is going to transpire. This is where the contract comes in. When you deal with a known jerk you better protect yourself and your sidemen. Once again..the contract establishes the working cindition, method of payment, method of performance, and any other condition you wish to enter to prevent your given situation...i.e...his unacceptable verbage. If you violate the contract he has recourse...if he violates the contract you have recourse...really, it's not rocket science. One fact remains...the local musicians will continue to patronize this individual because of the T.V. exposure. But they can do it with a sound/firm written instrument to protect themselves. And if enough of the local musicians start doing this, before too long this ass with stop playing his game with them. Especially if he gets his butt dragged into court enough times. This is a news worthy item. Remember..he is a celebrity and DOES NOT WANT adverse publicity. Take advantage of that fact.

echosauce1 · Post by **echosauce1** » Mon Oct 23, 2006 11:37 pm

A celebrity? Does anyone in this town even really watch his show?

Recordstar · Post by **Recordstar** » Tue Oct 24, 2006 12:51 am

How true! But let me qualify that. He is a celebrity of sorts...at least a legend in his own mind.

QuiNSANiTy · Post by **QuiNSANiTy** » Tue Oct 24, 2006 5:34 am

First of all I'm sorry if anyone would considered any of my earlier comments Spam by requesting a boycott. I'd like to rephrase my comments. "If I was any band out there looking to play for Kevin Ferguson's show, I would not play for his lame ass because he could careless about you or anything you do, plus his jokes suck".

But yeah contracts are cool. I think if I was to go do a gig at most local bars here I would think most bars wouldn't want to deal with contracts because it's time they don't have. Plus at a local level we shouldn't have to worry about trusting if a bar is going to screw you. All of us have gigs where we expect 300 and only get 200 or we expected 500 but we got 300. It happens usually if the bar didn't make that much money that night.

Mostly smaller bars. Would I would suggest is that if a bar does have alot of people there and they jip you.. to not play there anymore. They will miss your business if you were bringing people in there. Plus people notice if live bands aren't playing at certain bars and they will go to the bars that appreciate a band's business. Bar's don't want to lose your business.. trust me..

That's the way I looked the Nighshift with Kevin Ferguson situation. He didn't want to pay us so we don't play there. At the beginning we weren't expecting anything but eventually we were. It's business, we did him a service. But we decided that we weren't going to do it for him for free. But doing it for free wasn't really my original idea anyways.. that's a different story but we gave a try. Think of it as we gave him a free trial. lol

Anyways, if any band is looking at their band as a business that is a service to a bar I would say make sure you have a standard for yourself. We all have to start somewhere. No business (in this instance gigging) is going to start high dollar. For instance, if you have a new band and a small following. Don't expect every gig to be 500 dollars or even 300. But the last thing you want to do is lower your standard. If your doing gigs for 300 dollars and a bar decides that they will pay you less even though your bringing in more people. It would probably be wise to do business elsewhere. There is always someone else that will like your business.

Especially local bars.. These are the people you should have great business with because you can do business with them more frequently and they will get to know you and what your capable of doing. It's easier to Market yourself and plus you can keep intouch with what's going on in the local economy.

I know it sounds like a bunch of babbling but seriously.. If you take some pride in what your doing as a band and be discipline you can be very successful. And if you have a disagreement with a bar that's one thing, but if they do bad business with you, it's not the end of the world. There are many other bars who want your business and... plus me personally, I don't limit myself to just gigging in Fort Wayne. I honestly don't plan on being here for too long, It's just a starting point in all the things I want to accomplish.

The thing that cracks me up about Kevin Ferguson is he thought that by bad mouthing us on TV that our name was "ruined"(that was his own words, that Action Jaxson was done in this town.. lol). That just shows you what little he knows about what's going on. That actually was the funniest joke he ever said because he just assumes that bands in Fort Wayne are limited to Fort Wayne public. He thinks that every band has to do his show to do well in Fort Wayne. He think's he is THE MAN in Fort Wayne.

But the gigs don't stop in Fort Wayne and he is wrong if he thinks his gig at Snickers is the best gig in Fort Wayne. Cause it's not! lol I asked a bunch of people if they knew Kevin Ferguson or the show and maybe 1 our of 10 people knew who it was after they stopped and thought about it. And those people said the show sucked..

So enough said.. Sorry about this super long response.. But yeah contracts are good .. and I've used them before in certain situations.. Usually with peeps I'm not used to dealing with. ~Q

Garr · Post by **Garr** » Tue Oct 24, 2006 6:40 am

It's not your earlier comments that were considered Spam. You have a valid topic, and we're glad to see it here, if nothing more than to warn other musicians.

The spamming part came when you made links in four other forums back to this topic. The duplication was redundant and we don't really allow it.

Good rant, though! I'm proud.

conley · Post by **conley** » Tue Oct 24, 2006 7:57 am

I have never used a contract, unless it was requested by the venue or event coordinator. Yes, thanks to all who pointed out the obvious - "you should always use a contract"......you should also make sure to drive on the right side of the road, rather than the left side, too. HOWEVER, this is a small town & "the given" seems to be.......no contracts. For those of you who play out regularly, you already know this - that's just how it works. Think about it, if an established venue that consistently has entertainment didn't honor an agreement - they, too, could be adversly affected (i.e. this post) & I think the "ethical" venues are smart enough to realize this; after all, they want the entertainers to come back (hopefully)!! However, if you are playing at a venue that has never had entertainment & is "giving it a try", or if a bar has a reputation of being a bit "shady", you may want to get something in writing. I chose to not subject myself to those types of "high risk" scenarios - contract or/ no contract.

Kevin Fergusen, I think, has a "reputation" & if bands chose to continue to subject themselves to that sort of a risk.....shame on you. It's no different than being a hip hop band taking a gig at a country bar - it's potentially a bad situation for everyone......For God's sake, it's ok to turn down a gig if it isn't a good fit or just doesn't "feel right".

From my perspective, knowing how things work in this town, if it's that much of an issue "to have" or "not to have" a contract - you may want to rethink even playing at that particular venue.

Garr · Post by **Garr** » Tue Oct 24, 2006 8:05 am

well said.

sevesd93 · Post by **sevesd93** » Tue Oct 24, 2006 8:20 am

I will second that.

conley · Post by **conley** » Tue Oct 24, 2006 9:54 am

Thank you...

BasSmArt · Post by **BasSmArt** » Tue Oct 24, 2006 4:39 pm

I would start boycotting Snickers, but I actually made that decision a long time ago based on their "drink minimum and $ minimum requirements" to have a chair to sit in.

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Kevin Ferguson's Nightshift (boycott)

Kevin Ferguson

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