SWING'S THE THING, a 16 piece Columbus based big band formed in 2000, performed April 22, 2004, at BLUES STATION, 147 W. Vine St., Columbus,OH 43215, from 9:00pm to 1:15am.
As per written contract, SWING'S THE THING was to receive 100% of ticket sales after the first $200. After performing for over 4 hours to a packed house, SWING'S THE THING was paid only $100. We believe BLUES STATION, INC. is in breach of contract and owes SWING'S THE THING an additional $1700 as reasonable compensation for ticket sales Blues Station failed to collect.
As per contract and e-mail records, BLUES STATION was responsible to collect $10 per person entering the club. Two professionally prepared 11X17 posters, mandated by the BLUES STATION booking agent, were provided by SWING'S THE THING and were posted in the club February 24 through April 23, clearly stating $10 cover. The Blues Station website clearly stated $10 cover. This revenue would constitute the band's payment. SWING'S THE THING provided Blues Station a guest list of only five people whom were to gain free admittance. A full house of 200 filled seats would result in $1800 payment to SWING'S THE THING, after deducting $200 for Blues Station. At no time during contract negotiations or event planning was there any mention of free admittance for any organization or party, and SWING'S THE THING reasonably expected that every person in the club would be charged.
At various points in the evening, members of SWING'S THE THING observed large numbers of patrons entering BLUES STATION at no charge. SWING'S THE THING's discussion with patrons substantiated this fact. Some patrons were charged $5. The band manager discussed this concern 4 times during the evening with Mark Stokes, club manager, and also the bartender, soundman, and doorman. Mark Stokes, at approximately 8:00pm, assured the band manager that at 9:00pm, he would charge everyone in the club not wearing a wristband $10, and apply a band to their wrists. This did not happen.
The evening exceeded a full house for the club. Multiple people, including non-band members, estimated 200 to 300 patrons during the time they were present. At 9:00pm every seat was filled and people were standing in ALL areas of the establishment, so dense that you could not maneuver to the bar or restroom easily. John Stella, an employee of BLUES STATION, INC. indicated that a total of 345 people attended the evening's events. SWING'S THE THING believes that a conservative estimate of 200 patrons in attendance at 9:00pm should be used to calculate a fair and reasonable compensation per the contract.