Posted by Connie Mettler on September 10, 2009 at 11:22am
It is official, the Brandywine Arts Festival, Wilmington, DE, is not taking place this fall. A change of organizers, back money owed for the event and three venue changes have stopped the event in its tracks after 48 years.
There seems to be a pattern of miscommunication along the way. The new organizer, Janie Blanch "said Friday that she would be calling each artist who paid for a space. She said she needed at least 100 artists to make the festival a go.
She didn’t get them.
Blanch said she cannot refund fees to the estimated 150 artists and craft makers who paid up to $360 a space to participate in the festival.
“That is impossible to do. We spent money on advertising and all this other stuff you spend money on, like the Web site,” she said. “I’m going to get in touch with a lawyer and find out what I do next.”
Read the rest of the article here: DelawareOnline.com
I can not believe that they are not refunding the money. All of it including application fees should be returned. What advertising has been done, I assume advertising to attract artists not for the show as that expense would not occur this far out especially in this economy. How do you place ads if you don't know your location. She may have some permit expenses and perhaps a location deposit but since there was never a concrete location that is unlikely. Website??? I don't believe that either. She is likely to hear from the FBI and the Postmaster General.
I had an experience simular to this last year. Was invited to be part of the first digital art festival in our area. Had big name stars performing (Kyle eastwood, Clint eastwood, Keven Bacon and his brother to name a few) I and 30 other artists paid up front. Day of show there had been no advertising done. Most of the entertainment had been canceled that would have drawn patrons. By the way we were in a cow pasture with our art. The next day the same thing happened. The entertainers were not paid, nor the promoters assistants. The guy kept all the money that was taken in from ticket sales and show fees. When contacted about partial or full refund he practally laughed in our faces. Said that his poor children needed to eat! Then said that he was going to do better next year. He has been taken to court by several people including the city. November is the one year anniversary. I have not heard anything since January this year.
So I think that there is some legal action that can be done. If nothing else it will help with taxes this year. Having such a big busness loss.
Unfortunately, many shows have a "clause" in the contract which artists/crafters sign which states if the show is cancelled there will be no refund. I have had this happen to me a few times. Still, from what I have read, this is a disgusting situation.
Well, if she spent the money or not--- I believe she's going to have to repay her artist.
I can't see , legally , where she has a leg to stand on.
Sure, she didn't "mean" for this to happen, but since there was no event taking place --morally, ethically, legally ....she OWES artist money .
maybe she can make & sell something from her jail cell.
I do understand about the money it takes to put on an event, even one that doesn't happen, there are a lot of up front costs, but this is pretty strange. Some outreach to the artists should have been done, some arrangements. Have you done this show?
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So I think that there is some legal action that can be done. If nothing else it will help with taxes this year. Having such a big busness loss.
I can't see , legally , where she has a leg to stand on.
Sure, she didn't "mean" for this to happen, but since there was no event taking place --morally, ethically, legally ....she OWES artist money .
maybe she can make & sell something from her jail cell.