December 15, 2004
From: Deep South Entertainment
Management for Stryper
Raleigh, North Carolina
Re: Stryper / Mexico City
On November 20, 2004, Stryper was contracted to play
Mexico City at the Palacio de los Deportes. Unfortunately
Stryper was forced to cancel their appearance, which
came as a direct result of several counts of Breach
of Contract on the part of the show’s promoter.
The members of Stryper, their crew, and staff were
very saddened by the events that surrounded this situation,
but in the end, after much prayer and deliberation,
were left with no alternatives. Stryper sincerely regrets
any disappointment and inconvenience to the fans, the
other bands performing, and even the promoters and
their staff involved.
Stryper does, however, plan to tour in 2005, including
a possible return date to Mexico.
The Details:
The primary, but not only, Breach of Contract counts
were those of financial ones and failure to secure
proper travel documents in a timely manner. The promoters
failed to fulfill their contracted financial obligations
on more than a dozen occasions and were given ample
opportunities to amend this breach.
In addition, it was (and always is) the responsibility
of the promoter to secure the proper travel documents
needed to safely, and legally, travel to internationally.
Extreme delays, and possibly even complete lack of
these documents for the band and crew were the final
count in forcing the cancellation. There was a very
probable risk of unsafe, and even illegal, travel on
the part of Stryper and their crew as a result of the
promoter’s failure to attend to this matter.
Although there were other counts of Breach Of Contract,
these two, proper travel documents and financial obligations,
were the two primary, and most significant ones.
Over the years Stryper has performed thousands of
concerts worldwide. In addition, their management has
handled thousands of concerts worldwide, dealing with
a wide array of promoters and artists.
It was this promoter’s first attempt at a large
concert and they were unfortunately not equipped to
properly handle a concert of this magnitude.
No one is more upset about this cancellation than
Stryper. The band and crew, who all live in various
parts of the country, had flown in to one destination
to begin rehearsals. Flights to Mexico were booked.
Merchandise was already shipped to Mexico. Gear was
packed, some of which was already en route to Mexico.
All arrangements had been made on the band’s
part to make this show a reality. Stryper fulfilled
their obligations of the contract in every manner,
and in the process spent incredible amounts of money
doing so.
Stryper is a large organization, staffing upwards
of 15 people, not including the band members.
The promoters were, on at least a dozen occasions,
encouraged by Stryper’s management to reschedule
the show if they were not going to be able to fulfill
their obligations of the contract. Repeatedly, Stryper’s
management warned that a forced cancellation would
be extremely costly on Stryper’s part. And repeatedly
Stryper was given assurance from the promoters that
these obligations would be fulfilled. In the end, this
proved untrue.
The non-refundable deposits from the promoter had
long since been allocated and disbursed on expenses
directly related to the show.
The North Carolina based company Deep South Entertainment
manages Stryper.
Co-Founder of Deep South Entertainment, Dave Rose
comments, “We are all extremely saddened by this
situation. In simple terms: We do concerts like this
worldwide, everyday, with a wide variety of artists.
The process is actually quite simple and standard throughout
the industry. We (management and promoter) agree to
the basic terms (i.e. Date, Venue, Payment amount,
technical and travel obligations, etc.). Once these
terms are agreed to, both parties sign a standard performance
contract outlining the terms, just as was done in the
case of this concert. If the artist fails to meet the
terms, they are held responsible. If the promoter fails
to meet the terms, then they are held responsible.
In this case, it’s as simple as that; the promoter
failed to meet, on multiple levels, the terms of the
contract.”
He goes on to explain, “The cost to operate
a major band, such as Stryper, depends on several variables.
One of which is ‘Touring Season versus a Non-Touring
Season.’ If a show happens during a Non-Touring
Season, often referred to in the industry as a “one-off”,
it almost doubles, sometimes triples, the cost of the
show and thus the price of the band. The band, crew,
and team, has other obligations during the Non-Touring
Season. These obligations must be set aside and a team
that is otherwise immobile, must be mobilized. This
is very costly. During a Touring Season, however, the
costs can be amortized over many shows, thus making
the cost of each show minimal. With a band such as
Stryper, expenses begin to incur from the moment a
show is contracted, which is the reason that all standard
performance agreements require non-refundable money
up front.
Early in our talks with the promoters, but very prior
to contracting this show, we believed that Stryper
MIGHT be in the middle of a touring season around the
date in question. When it was quickly discovered (early
on in 2004), and again, very prior to contracting the
date, that this was not the case; that Stryper would
not be touring during this time, we then, still very
early in our talks, proposed other dates. The promoters,
however, insisted on this date of November 20. They
were made fully aware of the fact that this would be
a Non-Touring time frame for Stryper and thus would
be more costly than if we were to try to pick another
date. So, a price was set, and agreed to, and a contract
was issued and signed by both parties.”
He adds, “But contract’s aside, we realize
there’s a human aspect to this as well. And even
though Stryper was promised things that were not delivered,
we still wish no harm to the promoters. They are nice
people and we would love to work with them, even still,
in possibly rescheduling another date. In the meantime,
we have set up a collector’s package on Stryper.com
in which 100% of the net proceeds go to help out the
promoters and their families. We expect encouraging
results from the sale of this package.”
It always has been, and always will be, Stryper’s
goal to entertain, uplift, and offer hope through their
music. The reason for performance contracts is to protect
both the artist and the promoter so that future performances
will be a reality for both parties. Stryper would not
be able to continue to reach millions of people through
their music if they simply disregarded the very real
business aspect of their organization, including performance
contracts.
Stryper greatly appreciates the prayers and support
of friends and fans worldwide and is excited about
a big year in 2005.
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