I am a makeup artist of 19 years and own my own business, working in this industry.
On or about October 10 I was contacted by Michael Weis who identified himself as the Senior Makeup Artist for RAW PRODUCTIONS and the event known as NIGHTS OF TERORR. Michael informed me that the Producer wanted to hire 6 makeup artists to facilitate a face art section at the event. He asked if our company could manage and hire 6 makeup artists for this event. When Michael initially disclosed the hourly rate, I informed him that I would not commit to the job unless production would agree to additional terms (as outlined in the contract).
On or about October 10 Michael Weis confirmed the details of the contract, stating that his Producer accepted our terms and agreed on the terms as stated in the contract. He asked me to prepare the contract and forward it to him and the production office.
I had several conversations with Michael Weis before the start of production. He asked me to prepare display books and signage for the 6 stations at this event (at my cost).
On October 11 I was notified that I had to have a company representative at a production meeting which was scheduled to be held on October 12 at the MERCADO plaza in Orlando. I explained to Michael that we would be driving 2 hours to accommodate this production schedule. He assured me that we would be paid for our time and travel for this meeting. These terms are also outlined in the contract.
At the production meeting held on October 12, my husband and business partner, attended the production meeting where he (along with the entire cast and crew) were informed in writing and verbally that pay days would begin on Friday following the production (which would be October 20).
As agreed upon by Michael Weis and myself (initially), we prepared for 6 artist stations, ordered supplies, had professional signs made, hired makeup artists and prepared all necessary documentation for our freelance artists in order to place them on our payroll for this production. Preparation time for this production was approximately 30 hours travel to the event for all of my artists.
The production contract was faxed to Michael Weis and the Production Office on October 12 and again on October 13 along with the necessary documentation for my 1099 and confirmation of my ability to work in the United States.
Our company contract, for the event was signed by Jon Smith, with RAW PRODUCTIONS on or about October 13. The contract was never questioned and no errors or omissions were brought to our attention. Therefore, we had no reason to believe that we would not be paid as per the contractual agreement.
We continued working the event October 13,14 and 15th as scheduled. Rochelle Warriner informed me on or about October 14 that she did not need 6 artists and approved going down to 4 artists for the duration of the production. It was brought to her attention that we were under contract for 6 artists regardless if 6 worked or not.
On or about October 15 it was apparent that Rochelle Warriner did not seem to be aware of our contract which was signed by an authorized agent for the cooperation. I spoke to Michael Weis and he assured me everything was in order and that we were to proceed with the request of Rochelle to go down to 4 artists, reassuring me that we would not be financially affected by her request.
On or about October 17 I spoke with Michael Weis regarding the upcoming payment and the plans for the following weekend. He instructed me to call Jon Smith who originally signed our contract.
I spoke with Jon Smith on several occasions on or about October 17, thru October 22.
During my conversations with Jon Smith, he indicated that we would be paid on Friday, October 20. He stated that he had spoken to the accountant and a check would be available for me to pick up when the event started on October 20. He asked me specifically who was authorized to accept payment. I explained to him that I needed to pay my own payroll for my freelance artists and was counting on that check to make payroll. He again reassured me that the check would be available and he told me I could feel confident to go ahead and write my payroll checks.
I did write my payroll checks to satisfy my payroll obligation for the week of October 13 with the guarantee from Jon Smith that a check would be available for me on October 20.
I inquired of Jon Smith how many artists they wanted for the weekend of October 20 since the previous weekend was not as busy as anticipated. He informed me that Rochelle Warriner would be contacting me to confirm.
On or about October 18 October 20 I left several telephone messages with Rochelle however she did not return my calls. Since she stated the previous weekend that she only wanted 4 artists, I proceeded with that plan.
On October 20, after the production event, my husband questioned Jon Smith regarding payment of our first invoice which totaled. $3,080.63 (later adjusted to $3,923.75 for a billing error). Jon informed my husband that the accountant needed until Sunday, October 22 to issue the check because paychecks are not issued until Sundays (even though the initial contract for RAW PRODUCTIONS said one week from the production date and our contract stated we would be paid on or before October 20).
On October 22 my husband again questioned Jon Smith about the payment and he referred my husband to Rochelle Warriner. I questioned Michael Weis regarding the payment and he indicated that it was his understanding that checks would be issued later that evening.
On October 22, I confronted Rochelle Warriner in her office regarding the run around that we were getting regarding payment for the outstanding invoice. Rochelle acted naive like she did not have a clue what we were talking about. She said she had not received an invoice and there was no way she could cut me a check that night however, she would do everything possible to get me a check. I gave her a copy of the invoice. I explained to her the empty promises from Jon Smith.
Later, on October 22 I confronted Michael Weis and Jon Smith regarding our company not getting paid. We were at the end of another production week, going into another invoicing period and no payment had been made yet we had completed two weeks of production. Michael Weis again stated that it was his understanding that ALL payroll checks would be issued on that evening (of October 22). He later found out from Rochelle that there were no payroll checks available and no funds available to hand out payroll. I confronted Jon Smith and reminded him of his commitment. He again said he personally spoke to the accountant and he thought there was a check in the office for us. After he excused himself he later approached us and guaranteed us that a check would be waiting for us on Monday, after 3:00 PM (October 23). He assured us that he would call us Monday morning to confirm where to pick up the check.
On October 23, as we had anticipated, no phones call from Jon Smith. We called Michael Weis who informed us that checks were suppose to be available at 3:00 PM at the Production Office at MERCADO. My husband went to the location to only find out that there was (again) no payment for services rendered and hopefully they would have an answer for us by Friday, October 27. We stayed in Orlando an additional night with hopes of having definitive answers the next day.
On Tuesday, October 24 I went to the production office located at the MERCADO and met with Rochelle Warriner. She informed me at that time, that she could not pay me anything. She stated, I will probably be filing bankruptcy as the production has not profited as we had planned. When we started the production, we were already in the negative. We had hoped the production days would bring us out of the hole and give us the ability to pay our cast and crew and vendors. She continued, I understand if you need to contact legal counsel or agencies to protect your rights under the law. I also understand that we are in breach of a contract and your fees are payable now. Because I cannot pay you, there is no sense in you returning for the production on October 26 as scheduled. I asked for the contact information to her attorney and accountant which she did provide. I inquired about her intentions regarding continuing production and ripping people off. She stated that she had to continue with production in hopes of making some kind of money so she could pay off some of her production debt. She did have some payroll checks on her desk to hand out (for the actors) however, I later learned through Michael Weis that the payroll checks bounced.
On October 26 Gerard spoke with Greg Senner, an authorized representative of RAW PRODUCTIONS who indicated to Gerard that they intended on exchanging the bad checks with cash to those who they attempted to pay.
On October 24 after meeting with Rochelle, I met briefly with Michael Weis who was aware of the financial situation and stated he would wait until Friday, October 27 to see if his makeup team got paid before proceeding with negative action against RAW PRODUCTIONS.
Throughout October 24 October 26 we had numerous conversations with Rochelle Warriner, Greg Senner, Michael Weis, and a production manager known as Zak. At one point, Greg Senner and Rochelle Warriner were trying to barter, bargain and convince us to take over Michael Weis and his makeup crew's positions by running the makeup room and completing our contract. They way, the production would not have to pay over $8,000.00 in payroll to the makeup artists and could utilize our skills for the cost of our contract. We notified Greg Senner that our contract would have to be paid in full and we would have to re-negotiate additional terms. Greg and Rochelle told us that they had a meeting scheduled with Michael and needed him to defend himself as to why he negotiated the contract terms without Rochelle's knowledge, even though he told Jon Smith that Rochelle had already approved the contract as is. There was a lot of he said, she said, they said and no one willing to stand up and take ownership or responsibility as to why we had not been or were not going to be paid. Come to find out, that meeting with Michael was another bluff because Michael said they never called him for such a meeting.
On or about October 24 I spoke with the production accountant, Andrea Knudson with K & K Business Solutions. Andrea said she never received my invoice (which proves Jon and Rochelle were misleading me the entire time and had no intention of sending my invoice to her for payment). Andrea informed me that to her knowledge, there were funds to be deposited (from MERCADO) that day to cover some checks. She further advised that Rochelle had bitten off more than she could chew. Andrea told me she would work on getting me payment. I later spoke with her, after she spoke with Rochelle. Rochelle told Andrea (another lie - the plot thickens). Rochelle said that I agreed to reduce my invoice to $1,500.00 with $700.00 being paid one week and $800.00 being paid the 2nd week. What I told Rochelle was I would appreciate she cover at least part of my payroll so I could fulfill my contractual agreement with my freelance artists.
The MERCADO has donated all of the property for the use of this event so the only expenses RAW PRODCUTIONS has to pay out is to their vendors, subcontractors, cast and crew in addition to electric.
Based on my own investigation, interviews, and personal knowledge, it is apparent that RAW PRODUCTIONS and anyone associated with NIGHTS OF TERROR hired in excess of 150 cast and crew members, vendors, security and alike with the intent to defraud each person out of their wages or contracted amount to be paid simply so RAW could proceed with their production.
It is my further understanding through Rochelle Warriner and Greg Senner that Greg is also owner of Sole Scenic (along with Rochelle's boyfriend, David Mintz). Sole Scenic is the design crew who did 100% if the set design lighting, stage props, etc. For this production so monies from the production would (apparently) be going back into Sole Scenic or the hands of Rochelle for personal gain.
We observed a huge paying crowd at NIGHTS OF TERROR on October 14. It is not my problem that they cannot pay their bills. I acted in good faith in providing services to their production. Frankly, I am personally out of money and had to borrow money against my account to get me out of this financial hole that RAW PRODUCTIONS intentionally placed me in. They took a gamble on NIGHTS of TERROR. I did not. The cast and crew did not. Why should we have to pay for their mistake; their poor financial management; their lies and deception?
PLEASE, I pray for help, direction and favorable relief in this situation. I feel I (and many) have been victimized without knowledge of the crime against me. I feel taken advantage of and would like this business and owners prosecuted to the fullest extent of the law. I would like to see immediate financial recovery either through seizing their accounts and property or through some means of protection to insure we have some hope of being paid.
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