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Tuesday
Aug112009

Digging Deeper: Rock Gone Wild Unfolds (Part 2)

Bring Back Glam! continues to investigate the unraveling of Rock Gone Wild, the multi-day festival originally scheduled for August 20-23 in Northwood, Iowa. The festival was canceled Friday with this statement posted online:

Rock Gone Wild, an Iowa based LLC was informed by Diamond Jo Casino, LLC legal counsel on August 5, 2009, that the event cannot take place anywhere on the licensed premises. Due to Diamond Jo Casino, LLC refusing to honor its obligation to provide the venue, we are unable to produce the event as planned. This matter has been referred to legal counsel.

The phrase “...the event cannot take place anywhere on the license premises” left ticketholders scrambling and confused. Was the event really canceled? Most presumed yes. As of this writing, no other official statement has been issued by RGW management.

An online report yesterday in the Globe Gazette (out of Mason City, IA) quotes Ted Sporer, legal counsel for Rock Gone Wild. In the article, he states “...We would very much like to save the concert. At this point, I don’t know if that’s feasible. There will be information on that in the very near future.”

I contacted both Nathalie Faghihi (festival manager) and Donnie Frizzell (promoter) for an interview. Mr. Frizzell referred me to Mr. Sporer. Ms. Faghihi did not respond. Mr. Sporer began representing Rock Gone Wild LLC Thursday, one day before the event was canceled.

The very first question I had for Mr. Sporer regarded the Globe Gazette piece and the possibility of the festival happening after all. “Over the weekend...we were still attempting to revive the event,” explains Sporer. “[It] doesn’t look very likely we will bring it back...at least not this year.”

When I followed up about the possibility of a Rock Gone Wild festival during 2010, the attorney stated that “he didn’t want to commit his clients.”

But how did it all fall apart? Rock Gone Wild was supposed to kick off next week. Some have speculated about the lack of a contract with the Diamond Jo Casino. “There was an exchange of emails,” Sporer assures me. When I inquired about the legality of even a verbal agreement, the attorney for Rock Gone Wild explained “...Even a verbal agreement is sufficient to bind an event.”

Bring Back Glam! contacted a third party for legal advice. The source, an attorney speaking on the condition of anonymity, agrees with Sporer – to a point. “A verbal contract can be binding, and as such, an agreement worked out via email could also be binding,” explains my source. “It in no way is a slam dunk win.” My source then proceeded to give me a class in Contracts 101. I soon learned contracts are made of basically six parts: Offer, Acceptance, Meeting of the Minds/mutuality of Obligation, Legal Purpose, Consideration and Competent Parties. My source concludes his lesson by explaining there is no requirement that a contract be in writing.

“[This is] no scam,” asserts Mr. Sporer. “I assure you there will be ample litigation.” Litigation because Rock Gone Wild plans to bring suit against Diamond Jo Casino. Exact terms of the suit were not disclosed, but Mr. Sporer told me the lawsuit will be filed “within the next seven to ten days.” He also promises Bring Back Glam! receive a copy of the legal documents after the filing. Other online news outlets cite possible problems with Diamond Jo and the land agreement. Calls placed with Diamond Jo Casino regarding the potential lawsuit were not returned.

While legal papers are drawn up, fans still wait for their refunds. “I can’t speak to information at this point regarding refunds,” says Sporer. The attorney promises to issue an official statement regarding refunds when all information is gathered.

“My clients are in shock,” Sporer admits. “I’ve never had a situation where anyone pulled out at this late notice on such a big event. They are up to their ears in proverbial alligators. This is a big problem...it’s a terrible time.”

Twisted Sister, Saving Abel, Candlebox, Lita Ford, Kix, Puddle of Mudd and many more were scheduled to play Rock Gone Wild.

Even more tomorrow.

Monday
Aug102009

Digging Deeper: Rock Gone Wild Unfolds (Part 1)

By now, you probably know that Rock Gone Wild, originally scheduled for August 20-23 in Northwood, Iowa canceled without much fanfare or explanation late last week.

I volunteered with the festival in the early stages, doing PR for the fledging event. I tapered off my involvement around the turn of the new year and cut all ties with the festival several months ago. I never received any money for my involvement with Rock Gone Wild but I did work countless hours securing press coverage for the event. The hours became so long it wasn’t possible for me to continue with the fest, plus my day job, plus Bring Back Glam! and my other writing career.

Over a year ago, Demetrius (Deme) Bermudez joined the Rock Gone Wild team as a booking agent for the pay to play bands. He did receive a booking fee for his services and secured five bands for the bill. Now that the festival has collapsed, there are tons of questions swirling about the management of the fest, including how money was handled and bands secured. As the term suggests, “pay to play” means a band does just that: they provide a designated fee in exchange for a slot on a national bill. Bands do this for exposure, but with anything financial, it’s always a risk. Italian band S.E.X. Department signed on to Rock Gone Wild for a one-hour prime pay-to-pay slot. The cost? $7,500. The band also had to purchase their own airfare. When the festival was canceled last week, S.E.X. Department lead the charge for justice, posting online about the situation anywhere they could including forums and Myspace. In short, the band wants their money back. Bermudez says all pay-to-play monies will be returned.

Over the weekend, Bring Back Glam! spoke with Petra Klabouch, manager of S.E.X. Department.Deme Bermudez also shared his side of the story. The interviews below are transcribed direct and long form due to the complicated nature of this story. Comments were edited for grammar.

S.E.X. Department interview:

Bring Back Glam! When were you first contacted by anyone from Rock Gone Wild (henceforth RGW)?
Petra Klabouch: “When we were back from ‘Spaghetti Glam Rock USA tour 2008’ we’ve thought to organize another tour this summer. And then we contacted RGW organization in November 2008.”

BBG!:
Were you ever formally invited to invest in the festival? If yes, for how much?
PK: “We were formally invited to become an investor of RGW for a minimum of $100,000. We received the email about this possibility from [another] European band and then we were contacted directly by (festival organizer) Nathalie Faghihi with all details, contract, business plan and also the promise of Iron Maiden-like headliner.”

BBG!: Who did you speak with most at RGW?
PK: “We were in the contact almost exclusively with Deme Bermudez from DNG booking. He was our booking agent for RGW.”


BBG!: Did you ever get any sense that anything was wrong with the course of the festival?
PK: “We have got a strange sensation in the last months. There were some changes, for example in our slot time (no more 1 hour, but only 30 minutes) and no one told us nothing about this. We had important information only from Internet in the last period, not from promoters. ‘Till last week we were without tickets to sell to our fans and... then was changed also the location.”


BBG!: When the festival moved its location a month ago, when were you notified of that change?
PK: “It was really a chaotic situation. We received email from Nathalie Faghihi one day before the official announcement. After 10 minutes next email: ‘Sorry guys, it was only a mistake. This email is an old project, I was wrong to send it.’ And day after we found on RGW website the info that the location was really changed. No one contacted us more.”

BBG!: The pay to play price is high. Did this send off any red flags?
PK: “The price was high, but nothing so strange for US festivals today. For sure we don’t want to speak about prices of other open air slots, it’s a private question between bands and promoters.

BBG!: Have you been given any information on when you will receive a refund?
PK: “We received today, after two days, the call from Deme Bermudez. He promised he will give us his booking fee back. It’s something like $750, only 10% of all amount [the total amount paid]. But we can be sure only if we will have the money in our hands. For the rest of money, Demetrius says it was deposited the same day when he received it to an RGW account. No one knows the truth now. And the other RGW promoters are still in total silence. So, I think we can say arrivederci. 


BBG!: Where/from whodid you receive the bulk of your money for the pay to play fee?
PK: “Not only money for the slot, but for hotels, air cargo of all stuff, visas for musicians and long weeks of hard work, too. With the big part of money and bureaucracy work [we were helped by] our sponsors, label, producer and our lawyer in New York.”

BBG!: Do you have any shows planned in the USA during the dates of August 20-23 now that the fest is off?
PK: “No. It was all so fast, that we are without any gig in the RGW period. Next show we will play 15th August at Whisky a Go Go”

BBG!: When did you send the payment of $7,500 to RGW? Did you receive a receipt for that money?
PK: “We send the first part of money in February 2009 and the rest in April 2009. I think in this period the organizers already knew about problems. We have all documents from our bank, the contract with Bermudez, but [not] any official RGW receipt.”


BBG!: How has this experience left you emotionally? Do you feel guilty now for selling tickets to friends and family?
PK: “We can’t feel guilty, because we aren’t guilty. I’m more and more sad with every new message of other our cheated fan or person who only wanted to have a great weekend with good music. And we want to send a big ‘Thanks’ to the hundreds [of] persons supporting us in this situation. In almost three years of S.E.X. Department’s life, this one is the worst experience. We are planning to take some of our old songs and together with the other bands put online for free downloads [of a] “compilation of ROCKERS GONE WILD. [It will be] like a small sorry to all our fans and RGW soldiers.”

Deme Bermudez interview:

BBG!: Explain how you plan to remedy the situation.
Deme Bermudez: “I got an email from [pay to play band] Stallion Four. They said one of the contracts says if RGW is canceled, everything would be refunded. I looked at the contract... there were actually two. The first one was initial and second was revised that did say that. I said ‘You are absolutely right: you will get your money.’ I also talked to S.E.X. Department. I emailed Petra and told her I don’t have it [the money] and I will do whatever I have to do – get a second or third job – you will get paid back. It may be in installments or whatever...but this is your money and I will hold up my end as a booker. The contract was with me and I will pay them back. Another band was Savior from New Jersey. I told their manager the same thing and I talked to her for a long time and she knew about it... she’d read a bunch of stuff [online]. I told her I would pay them back, they have my number and I always answer my phone. The other band was The Mighty Swine. [They] said “These things happen, maybe you can do some sort of show exchange where you can book a couple shows for us out in L.A. or around. I said'Yeah, whatever we can work out...you deserve your money back.' So those four and the other was Ashamed – a young band out of Kansas City – the kid in the band called and I told him the same thing. I said none of these bands deserve this. It's [the money] gonna come out of my pocket.

BBG!: Do you think you did anything wrong?
DB: I haven't done anything. It's one thing if I took money from ticket holders, but I didn't. I was hired to do a job – sell the spots – more like show them because I didn't have a say in the pricing or what was in the contract. I'm gonna put up my end and honor my end. Those contracts were with me and I will give them [the pay to play bands] their money back. There's a lot of shit that I didn't know what was going on.

BBG!: Will people get refunds for their tickets?
DB: I have no idea – that's not my area. I never took money for tickets, that wasn't my area. I got emails to send tickets and there was never any money exchanged in my hands for tickets except for the merchant account at the beginning and I never saw statements for that until April.


BBG!: Is your career damaged?
DB: Every person that I've ever dealt with...bands and stuff...and friends they know me and I've never done anything wrong. The people that don't know me are making judgments and shit and it's fucked. I've tried for the last few years, a couple years, to establish my own little booking thing. Nothing big – I'm not making thousands upon thousands in commissions. When you make four or five hundred bucks on a show, it's cool. I like it, I like them [the musicians], it's music. I've been pinpointed as some kind of scam person...I guess I've been receiving [online] threats? It’s fucked. I'm sure it will hurt me and I don't want it too...and the people that do know me and I've worked with know I'm not that type of person. I never would be. If it takes me a year or six months – those bands will get their money back for me. I don't expect RGW or Donnie [Frizzell, RGW promoter] or Nathalie [Faghihi] to write me a check for this. I don't expect to hear a fucking word from them ever again.

I am now reaching out to the RGW promoters for their side and will continue to follow this story. More tomorrow.


 

Monday
Aug102009

Def Leppard Shows Postponed

Def Leppard has postponed their show tonight in Nashville and tomorrow's gig in Birmingham because of a "family bereavement." The band is currently on tour with Cheap Trick and Poison.


Here's Def Leppard just two weeks ago in St. Louis. Have you seen Def Leppard on this tour? How do they sound?


Sunday
Aug092009

Fear of the Dark

One of Eric's friends just got married to so were tied up most of the day and night. I just walked in, sat down and turned on Vh1 Classic...only to find Iron Maiden: Rock in Rio on my screen.

Major score. Nothing better after an exhausting day than a little live Maiden. I know Maiden is off the charts expensive to book but I am hoping against hope that they will be at Download next year. I must experience them live!

A great song is "Fear of the Dark." The crowd on this clip is so loud it's like nothing I've ever heard before. I mean, this is a massive show - and the audience voices are pretty clear. Amazing.


 

Saturday
Aug082009

Into Debauchery!

Hardcore Superstar is back with a new album called Beg for It and they've recently made a video for the track "Into Debauchery." I love it and I think you will as well. Check it out below!


Friday
Aug072009

Rock Gone Wild Officially Canceled 

This was just posted on the official Rock Gone Wild forum:

Press Release August 7, 2009 4:52 pm CST

Rock Gone Wild, an Iowa based LLC was informed by Diamond Jo Casino, LLC legal counsel on August 5, 2009, that “the event cannot take place anywhere on the licensed premises”.

Due to Diamond Jo Casino, LLC refusing to honor its obligation to provide the venue, we are unable to produce the event as planned. This matter has been referred to legal counsel.

All inquires should be addressed to:

Sporer & Flanagan, PC Law Firm

Attn: Ted Sporer
Office: 515-244-5575
Cell: 515-669-0940
Email: TFSporer@sporerlaw.com

Friday
Aug072009

Steven Tyler Suffers Broken Shoulder, This Aerosmith Tour is Cursed

Earlier this week, Aerosmith performed at the Sturgis Motorcycle Rally in South Dakota. During that show, lead singer Steven Tyler fell off the catwalk. The story went that Steven fell into the crowd and security rushed to his side, but he got up on his own and was joking with doctors. Later, he was airlifted to a nearby hospital and the remainder of the show was canceled.

Now, there's word Steven's injuries are a little more serious than once thought: he has a broken shoulder and received stitches in his head and back. To me, this means the tour is just about done. How can it possibly go on? At this rate, everyone in the band - save drummer Joey Kramer and guitarist Joe Perry - has been on the disabled list for some sort of ailment, injury or freak accident. Please remember guitarist Brad Whitford had surgery after hitting his head while getting out of his Ferrari. Bass player Tom Hamilton recently required surgery and still isn't back on the road with the band. Let's not forget Steven's earlier injury to his foot which caused several show cancellations - including mine. Those shows have not been rescheduled.

At this point, I'm looking for a refund on those tickets. I just don't see how the band can stay on the road - and that's ok. I'd rather have a happy and healthy Aerosmith than a band that's battered, bruised and bitchy. No, I don't think the band should retire...but maybe a nice vacation is in order. Thoughts?