Jan 10
I first spoke with Jack in November when he called me asking if I wouldperform at his bar, Zanzibar. I had played there previously underdifferent management and was interested. I told him I would like aguaranteed $100 per musician and he said he would think about it. Icalled him in mid December to ask if he was still interested, and hesaid he might like to have me play there. He asked me if I had a soundsystem, I said yes, so he hired me and my sound system for $100 to dosound for a dj that he flew in from Las Vegas for one night. Hepromptly paid me $100 cash when the night was over. This was January17th. He then called me back and asked if I would be interested inplaying there again. I said I would be willing to risk playing therefor the door (i.E. Performing without a guarantee but keeping the $5cover charge). We played there on Wednesday night the 23rd ofDecember, and had a small crowd of 15-20 people. Jack told me he wouldcollect the cover charge, but he only collected from 3 people allnight. Jack then asked me if I would like to be added on to his NYEshow. I said I would need a guarantee. We discussed a guaranteed $150and agreed on that. He said I would start at 6pm and play on and off until 8 or 10pm.
The week of the 31st Jack began asking me if I would like to have myband play with me rather than solo. I told him I would need at least$100 per musician to bring others. He was undecided. Finally onMonday Dec 28th Jack decided to have me bring two other musicians, asinger and a drummer. I scrambled to make the last minute arrangementsto make this happen, and went the extra mile with helping to preparefor the show, originally I was only one of many performers and a DJ, now my band was to be the only entertainment for the night.
Before our performance Dec 31st I worked very hard to get the word outso people would come. It was a bit difficult because Jack decided tohire my band only a few days before New Year's Eve, but I emailed all of myfacebook and myspace friends, posted ads on various free websites suchas Craigslist. I contacted my friend Steve Williams of the nightlyJazz program on KUER at the U of U, who played tracks from my latest cdand announced the show various times during his Dec 30th show on air. I contacted David Burger, entertainment reporter for the Salt LakeTribune, who posted my flier on the Tribune's website with footage froma past performance of mine, announcing the reopening of Zanzibar forNYE.
Up to our performance, Jack called me various times eachday from his cell phone, the bar phone, as well as emailcommunications. I also called him and emailed and was answeredpromptly.in exchange for the reduced payment for the performance (normallyI charge $100 per musician per hour for a perfromance) upon the premise that I wouldperform every Wednesday in the future for the reduced guaranteed price of$200 per night. Jack also convinced me to bring my own large soundsystem rather than using his house system as we'd agreed. I alsocreated a nice flier for the event, his flier was not professional andI didn't feel comfortable sending it to all my friends.
Asperour conversations and email communications such as the one containingthe flier for the event which Jack posted in the bar, the agreedperformance fee would be $367.50 (see email sent to Zanzibar Dec 29thcontaining flier for show). That was $150 for me, plus 100 forthe drummer, 100 for singer, plus the buddy pass (to fly the singer outfrom California last minute) $17.50= $367.50 total, the cost to get thesinger on a standby flight to SLC the morning of the 31st, at greatstress and hassle for the singer, she sacrificed her NYE with herfamily in L.A. For the performance. We would perform from 8pm tomidnight, playing "Auld Lang Syn" as the last song right at midnight.
We fulfilled every part of our agreement, performing from 8pm to aftermidnight. I brought and set up my sound system, and played music overmy speakers on breaks. None of my band are drinkers so we did notincur any expense other than the waters I asked for from the bar, whichI paid tips on.
Duringour cleanup from our performance, Jack was nowhere to be found. After putting away all the gear I foundJack in the back kitchen and there Jack gave me the option of a checkright then or cash the next day. He told me that I'd need to callbefore depositing the check so as to authorize the payment if I chose acheck, or pick up the cash the next day. He showed me a check for theamount of $370, but would not let me take the check if I was going tocome back the next day for cash. He said to call him the next day at12 noon to come pick up the cash. I asked him if I could take thecheck and give it back when he gave me the cash, but he said no andkept the check.inever saw it again. I told him that I would be going out of town thenext night on a family trip. He assured me that he would be at the barthe next day and that I could pick up the cash no problem.
ThursdayJan 1st I called at 12,1, 2,3, 4, and 5pm. Neither Jack's cell phonenor the bar phone were answered and no messages were returned fromeither, I left multiple messages on both. I began to doubt whether hehad any intention of paying me.
Finallyat 6pm the girl at thebar answered, Jack came to the phone and said for me to call him at thebar at 9pm to pick up the cash. He said the bank had swallowed hisdebit card so he couldn't get cash and that his cell phone battery wasdead. He assured me that he was not avoiding me; that he's had badluck and to call at 9pm to come get the cash.
When I called at9pm Jack had left the bar. I tried his cell phone with no answer. Ithen explained the situation to the bartender working the night, shewas sympathetic and called his cell phone. About 2 minutes after Ihung up with the bartender Jack called my phone from his cell phone, and was very irate that I had told an employee that I hadn't been paidyet. I explained that this had happened to me before, that someoneavoided me after a performance and that I had needed to take them tocourt to collect our performance fee (I took a restaurant to smallclaims court for unpaid $600 in 2008 for the same thing and received ajudgment in my favor). He told me not to worry that he would depositthe money in my bank accountimmediately if I gave him my account and routing number. I asked him why I couldn't come meet him where he was. He replied thathe was at his second home in Lehi. Once again he had intentionallyleft when he'd told me to meet him. I was going out of town that nightwith my family, and needed the money to be able to cover my rent, so Ireluctantly gave him my routing number by cell phone text and accountnumber over the phone and left on our family trip (see text messagesent to Jack's cell Jan 1st). He told me that it might not show in myaccount for a few days but that he would immediately make the transfer.
Varioustimes during my week long trip I send email messages to Jack, none wereever answered. The money was never deposited in my account.
Onthe way home from our family trip, from an airport on a connectingflight, I called and left a message on Jack's phone that I'd be cominghome the next day. The bar phone was disconnected and Jack did notanswer his cell phone.
The next day, on my way home from theairport, I stopped by the bar. Jack didn't expect to see me, he toldme that he would have cash for me the next day, to go to the barpromptly at 4:30 pm and that he would give me cash. He told me that hehad held an envelope with cash for me at the bar for 3 days after Ileft, but that when I didn't show up he took it back home. He nevercalled me to tell me he had the money and I had told him that I wasgoing out of town, also he said he would transfer the money to myaccount, so this could not be true. Due to Jack's track record of notbeing there when he'd told me to meet him at the bar, and not wantingto waste a trip I called his cell phone at 4:25, the bar phone wasstill disconnected. I left a message when there was no answer.
At4:40pm Jack called me back and said that he was in Provo picking upspeakers for next week's event. Once again he had told me to meet himat a certain time then intentionally left at that exact time. He toldme he would call me when he returned to Salt Lake that night and giveme the money. He said that he was almost finished in Provo and wouldcall me as soon as he got home. He never called me back. I texted hiscell phone at 8pm asking when he would be back. He said he would callme. He never called me back.
This was written on Sunday January 10th. I certify to the best of my knowledge that everything I have written is factual.
Rob Bennion
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