TWISTED SISTER Sues Concert Promoter Over Unpaid Farewell Show Fee
June 9, 2017, 7 years ago
Twisted Sister claims a promoter stiffed members of the band out of most of their fee for a farewell concert last year, according to Wayne Parry of The Associated Press.
Jema Productions, a company run by guitarist Jay Jay French that contracts with promoters on behalf of the band, is suing promoter John D'Esposito and his company Rock N Festivals. The band claims it has only been paid $50,000 of the $200,000 it was to receive for headlining one of the three nights of a festival called The Rock Carnival, which was held at a minor league baseball stadium in Lakewood, New Jesey, from September 30th to October 2nd, 2016.
"After a stellar 14-year reunion in which we played in 32 countries all around the world, to have this happen at the final show in the New York area is very disheartening to the band," French told The Associated Press.
The weekend was marred by a protracted storm that dumped three days of rain on much of the northeastern US. D'Esposito, who has promoted numerous concerts in New Jersey, claims in court documents that he discussed the impending washout with Twisted Sister's agent, Daniel Stanton, and that both sides agreed to alter the payment schedule.
D'Esposito claims Stanton wanted three opening bands to be paid first, in cash, before Twisted Sister was paid, and D'Esposito says he did so. The promoter claims Stanton agreed to accept a $200,000 check, post-dated to October 17th, to allow him to settle finances with the venue. Both sides anticipated that Rock N Festivals would have sufficient funds to cover the check in about 2 ½ weeks.
The band performed as scheduled on October 1st.
On October 13th, an attorney representing Rock N Festivals wrote to French's company and said there was no money in the account to cover the check, and urged him not to cash it.
In court papers, D'Esposito said the promoter "suffered catastrophic economic losses" due to the weather that weekend.
"Thousands of people were prevented from attending because of torrential rains and excessive winds," he said. "Refunds had to be issued."
But on internet advertisements before the show, which remain online, Rock N Festivals warned that the concert is a "rain or shine event." In its frequently asked questions section, the website asserted: "There will be no refunds for The Rock Carnival."
The band was paid $50,000 on December 7th, but it has not yet been paid the remaining $150,000, according to court documents.
The case remains pending in state Superior Court in Monmouth County.
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Fan-filmed footage from Twisted Sister's October 1st, 2016 show at The Rock Carnival in Lakewood, New Jersey can be seen below: