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MCR Being Sued?
Posted on 2007-11-04 19:58:10
Artist/band(s): My Chemical Romance [FB]

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Source: http://media.www.mainecampus.com/media/storage/paper322/news/2007/11/01/News/My.Chemical.Lawsuit-3073148.shtml

My Chemical Lawsuit
GSS asks band to refund over $20,000 before taking legal action against band
Heather Steeves
Issue date: 11/1/07 Section: News
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The University of Maine's Student Government may pursue legal action against the band My Chemical Romance. After canceling Saturday night's show, Student Government sent the band two letters demanding compensation for costs incurred. These costs include advertising, money paid to outside contractors and cancellation fees. These costs total over $20,500.

The band cancelled on Thursday, stating that drummer Bob Bryar's health was going to interfere with Saturday's performance. The band then played a concert on Friday night.

"Unless it is truly due to sickness or injury of the band, we intend to seek full damages for breach of contract," Derek Mitchell, the vice president of student entertainment said. "When they played Friday night, I think that kind of voids an 'Act of God' claim."

Student Government's contract with the band included an "Act of God" clause that if an emergency were to occur, the band could cancel without consequences. The contract also states that if the band cancelled without good cause the band would be charged.

Student Government has given the band two weeks to pay. After Nov. 12 the General Student Senate will vote if they want to pursue a lawsuit or not. Student Government would be represented by the legal services on campus.

"Come Monday, if we haven't received a check or have no word from them that they intend to pay, we can go to senate on Tuesday night and discuss it further," Mitchell said. He said a lawsuit would incur no additional costs to Student Government.

If Student Government does file a lawsuit, the contract states that it would be resolved in Bangor. Usually these types of cases are resolved in the band's choice of cities. "We're not going to go to their turf; they are going to have to come to ours," Mitchell said.

Mitchell said that he expects the senate to support a lawsuit if the band does not pay before Nov. 12. "Essentially this loss of $20,000 is a loss of their constituents money. It is really their obligation to allow us to legally recover that in any way possible," he said. "I'm going to fight this to the death. Students will get their money back. It will come back to student entertainment, and we will have big concerts."
"I think we'd be doing a huge disservice if we didn't go forward and get the money back," Sen. Abtin Mehdizadegan said.

The executive cabinet would not comment, citing legal issues.

Tickets purchased with credit or debit cards were immediately refunded. Cash customers have to wait four to six weeks.

"The refunds are incredibly inconvenient. It was something we didn't foresee," Mitchell said. The university has to reimburse all cash-paying customers with checks because of university policy. "They are telling students it will be four to six weeks for a check; it won't take that long."

According to the Athlectic Ticket Manager, Deb Leavitt, "It is the university policy to do check requests, so it goes through the university system."

"This whole situation means that there's not going to be a concert this semester. We are going to replace it in the spring," Mitchell said. "We'll plan another major concert of similar stature to My Chemical Romance, probably not the same genre." This means that there will be two concerts in the spring semester. "It just isn't practical to get something done this semester."

My Chemical Romance did offer to reschedule at a mutually convenient date, but Mitchell declined. "It is an educational experience. Going through this kind of gives us things that we need to look out for in the future."

This is the second time My Chemical Romance has canceled a Maine show.


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