Posted in music | venues on August 18, 2010

August 8th Pool Party (more by Benjamin Lozovsky)
Pool Party

Jelly has responded to OSA's cancellation of the final Pool Party and accompanying press release. Read Jelly's response in full, below...

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For Immediate Release

JELLY is a small Brooklyn based company consisting of four people whom with the help of our extended family of staff, volunteers and friends, have now put on five years of free Pool Parties in Williamsburg, Brooklyn. As most are aware, the lawyer for The Open Space Alliance released a statement last night stating that they have decided to cancel our last show for the 2010 season. We would like to take this time to state some facts, and express our true sadness and shock with this decision.

To date, Jelly has made every single contracted payment to The Open Space Alliance in full as outlined in our contract for the 2010 season. Pursuant to our contract all payments were scheduled and to be made in full prior our first show on July 11th. All payments were paid promptly and on time per the contractual terms, save for our final payment that we intentionally delayed. The reasoning for this delay was due to a significant sponsor conflict that had arisen between The Open Space Alliance and JELLY. Our desire was to resolve this issue before we made our last payment. Despite our many attempts to convey to OSA what we believed were well documented maneuvers that fell out of line with our contract, in good faith, JELLY went ahead and fulfilled our final contracted payment hoping as always, that overlooking would lead to a better working relationship.

The 'delinquent payments' currently in question, and the stated reasoning behind OSA's cancellation of our final show of the season, refers to 'fees' that were not defined in our contract, and in addition had no contracted payment schedule of any kind. These fees include beverage-sampling fees, origination fees for filming, additional security above what was contracted, extra stagehands, an additional generator for sponsor activations, and barricade to be used to segregate the state park on our show days. Pursuant to the terms of the contract, JELLY was to be held responsible for any additional production fees that were incurred by OSA for Pool Party dates, but again, no mention of payment terms, or schedules of any kind. Some of the fees made sense to us due to the scope of our shows. Other fees, however, seemed arbitrary and we simply desired to come to a reasonable conclusion. It is important to mention that OSA laid out the first additional fees, which were significant to say the very least, less than 48 hours before our first show on July 11th. It is also important to mention that we have been consistently met with additional production costs/fees throughout the summer.

JELLY has been making weekly payments to OSA throughout the summer for overages not included in our initial contract, and that we did not dispute. Over the course of the last few weeks, we have been in extensive conversations with OSA to understand the nature of certain 'new' costs so that we would feel comfortable paying them, and complete our summer series. Yesterday afternoon, we outlined a payment plan that we sent to OSA for all "new" fees that were deemed appropriate reaching upwards of $31,000+ to be paid in two installments, half before we walked onsite for the show this week, August 22nd and the other half to be paid before we walked onsite for the last show on August 29th and clearly stated that as for the rest of the fees (which by comparison were nominal), we were more than willing to discuss in a rational manner, but needed for OSA to at least see/hear our point of view instead of merely shutting us down without discussion.

This plan was met with a simple response stating that OSA did not accept the offer and were canceling our last show with no further talks, even though again, per our contract there are no parameters for the extra fees and absolutely no mention of a date by which they were to be paid.

Understandably, having already sold the sponsorships for the summer and made a fixed budget (even with some allowances for excess fees), we found the demands for payment of "overages" before each show with no allusion that this would be the case before the summer started, a bit hard to swallow. Especially being that at the end of the day, The Pool Parties have never made us money, they are a labor of love that we gladly do each year because they make both us and the community happy...not to mention we get to see some of our favorite artists in our own backyard, for free.

We are saddened that we were not given the contractual 24-hour notice of the final cancellation so that we could prepare our partners and bands that have supported this series and were booked for this date. Instead, we were met with calls last night from press entities asking for statements on a press release issued by OSA lawyer and board member Adam Perlmutter only hours after The Open Space Alliance rejected our offer for the non-contractually laid out extraneous fees brought up throughout the course of this summer.

We truly believed this was something that could be worked out, and hopefully still can, as we again, had paid all contractual fees in full before the first date even began. In fact, since there was no payment timeline for these extra fees in the contract, we even thought that having all seemingly fair fees paid by the last show was reasonable on our end, especially considering the only remaining fees in question totaled a relatively insignificant number in the grand scheme of things. We are deeply saddened that the series we built has become such a burden on our office even after we have fulfilled contractual obligations. We've been shocked to find how badly we are looked upon by OSA/State when every other venue and/or client we've worked with has had nothing but positive things to say about our work ethic and attitude.

In conclusion, for four years, JELLY has paid every band that has ever played the Pool Parties. In our fifth year, we have made all contractual payments to The Open Space Alliance for this summer's shows, made deposits for every band that requested them and have paid the rest of the band's fees in full day of show. We have tried to work out fees that seemed appropriate with The Open Space Alliance and were actively working towards what we hoped was a fitting compromise on ones we deemed arbitrary and unfair.

We regret that we are not being allowed for the reasons outlined above to give Brooklyn the "thank you" we've been planning all year-our five year anniversary finale show. With all our planned special guests and unannounced surprises, it was sure to be a day no one would soon forget.

We want to take this time to thank everyone for their continued support, for believing in who we are and what we did with this series. To the many brands who believed in us and made this series possible, we thank you. To the many artists who took slashed fees, and rejected other larger summer offers to play for free for your fans at Pool Parties, we thank you. To the agents who allowed the bands to do this because it made audiences happy, we thank you. To every photographer who took amazing photos at our series over the years, or every press outlet that covered the shows, often for every week every summer, we thank you. Lastly, for every audience member who has ever attended and enjoyed Pool Parties over the last five years, to those who raised a glass and danced and laughed with us, we thank you and will be forever grateful.

-JELLY

We'd be happy to hear your thoughts. If you are inclined, please send to info@jellynyc.com

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Comments (86)

where's Chuck Schumer!

Posted by Anonymous | August 18, 2010 3:26 PM

"The Pool Parties have never made us money, they are a labor of love that we gladly do each year because they make both us and the community happy..."

Jelly clearly doesn't read BV. If they did, that would read

"That we gladly do each year because they make us happy and allow the community to bitch about the lineup at these completely free shows..."

Posted by Scott | August 18, 2010 3:27 PM

white people

Posted by Anonymous | August 18, 2010 3:28 PM

OSA prohibited baba ghanouj sales

Posted by Anonymous | August 18, 2010 3:30 PM

Oh snap guess what's boring

Posted by Anonymous | August 18, 2010 3:31 PM

With so much drama in the NYC, it's hard being Snoop D-O-double G

Posted by Anonymous | August 18, 2010 3:33 PM

WTF is the Open Space Alliance? For that matter, when did the Wburg waterfront become a fucking corporate park with barriers up so you can't go to the water during the show and douchebags in green shirts yelling at you every five mins?

Posted by Russ | August 18, 2010 3:34 PM

what? another public/private partnership that's shittily run and borderline corrupt? SAY IT AIN'T SO!!

Posted by Anonymous | August 18, 2010 3:35 PM

Who cares? Isn't stuff like this supposed to be dealt with privately and professionally? Instead you're fighting like a couple of high school girls on the internet... STFU. Chuck Schumer is probably feeling regret.

Posted by Anonymous | August 18, 2010 3:38 PM

Basically Jelly is saying fuck you, we ain't payin' and the show is OVER.

Posted by Anonymous | August 18, 2010 3:38 PM

tl;dr

Posted by Anonymous | August 18, 2010 3:39 PM

Pool party at my house. Daft Punk is playing. And it's free!


Posted by Anonymous | August 18, 2010 3:41 PM

The main thrust of this whole issue as it pertains to Jelly vis a vis OSA's stance zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz.....

Posted by soysalami | August 18, 2010 3:41 PM

Woof woof woof woof woof woof woof. Grrrrrrrrr.

Posted by Sen. Schumer's labradoodle (Roxy) | August 18, 2010 3:41 PM

Come on, Schumer, save the day!!

Posted by Anonymous | August 18, 2010 3:41 PM

We are deeply saddened that the series we built has become such a burden.

SO ARE WE!


Posted by Anonymous | August 18, 2010 3:42 PM

actually by reading that it says they are willing to pay before the show happens on the 29th. its pretty obvious that osa just wants jelly out and wants to make them look foolish.

this letter is coming from their lawyer? at 830 pm at night? are we really dealing with adults here?

for any type of big business transactions payment is normally 30 days. this is so transparent that osa is tired of jelly and just wants rid of them. it will probably work and im sure that people won't really care its just kinda bullshit.

Posted by Anonymous | August 18, 2010 3:43 PM

i'm having a baba ghannoujg and jelly sandwich

Posted by Anonymous | August 18, 2010 3:44 PM

where's my hummus-sampling fees?

Posted by Anonymous | August 18, 2010 3:44 PM

MEHlly

Posted by Anonymous | August 18, 2010 3:44 PM

they said they'll pay parts of the fees before the show, they've decided they don't have to pay 70k of them

Posted by Anonymous | August 18, 2010 3:46 PM

There is clearly an elephant in the room. The question no one is asking..How can there be a pool party with no pool?!?!?

Posted by The Mighty KC | August 18, 2010 3:49 PM

If you make another hummus joke, you will contract herpes.

Posted by Anonymous | August 18, 2010 3:51 PM

is the chromeo show happening?

Posted by Anonymous | August 18, 2010 3:51 PM

gas on fire.
They should just pull the cord and work on the rock yard.

Posted by Anonymous | August 18, 2010 3:53 PM

pool parties are over! chromeo is gonna be packed to the gilllssssssssssss

Posted by Anonymous | August 18, 2010 3:57 PM

"this letter is coming from their lawyer? at 830 pm at night? are we really dealing with adults here?"

adults work until 8:30 sometimes

Posted by Anonymous | August 18, 2010 4:02 PM

If I contract herpes, a paste of mashed chickpeas would seem a soothing ointment. Yummy too.

Posted by John | August 18, 2010 4:08 PM

why didn't they thank any of their employees in the last paragraph?

i would've been grateful if i had people who had stuck around to put up with all that bull shit this summer.

Posted by Anonymous | August 18, 2010 4:09 PM

WHO WAS THE SPECIAL GUEST SUPPOSED TO BE?

Posted by Anonymous | August 18, 2010 4:11 PM

The special guest is your mom 4:11

Posted by Anonymous | August 18, 2010 4:13 PM

Woah that would be wild. 4:13.

Posted by Anonymous | August 18, 2010 4:14 PM

WHO, not whom.

Posted by Anonymous | August 18, 2010 4:17 PM

whom the fuck cares. It is a message board. We are all dorks.

Posted by Anonymous | August 18, 2010 4:18 PM

the Chromeo show is gonna be like moving out of an apartment. are we gonna get crazy and trash the park? OSA blows. i say we replicate a 1999 Woodstock.

Posted by Anonymous | August 18, 2010 4:21 PM

wow, did anyone read all of that?

Posted by Anonymous | August 18, 2010 4:27 PM

I say we all show up with bottles of water next sunday

Posted by Anonymous | August 18, 2010 4:28 PM

no it was tl;dr

Posted by Anonymous | August 18, 2010 4:29 PM

The Chromeo show is gonna get Draked 4 realz.

Posted by Anonymous | August 18, 2010 4:29 PM

If you've ever worked with (or tried to work with) Jelly you would know that they have always been self serving assholes with a fake mission from god to bring rock to the community. glad they are outed.

Posted by Anonymous | August 18, 2010 4:30 PM

who was the special guest for the finale - daft punk?

Posted by Anonymous | August 18, 2010 4:30 PM

My guess was lcd

Posted by Anonymous | August 18, 2010 4:32 PM

Hey guys - comments on a blog = not a message board. Just sayin'

Posted by Anonymous | August 18, 2010 4:33 PM

jelly is the shit

Posted by Anonymous | August 18, 2010 4:33 PM

or is shit the jelly?

Posted by Anonymous | August 18, 2010 4:34 PM

thank fuck its over. fuck you, jelly! now i dont have to listen to your shit bands from my $3 million dollar apartment.

Posted by Anonymous | August 18, 2010 4:41 PM

fuckin punches ruined it for everyone

Posted by Anonymous | August 18, 2010 4:45 PM

i bet they couldnt get a good special guest for the finale which is why they defaulted their payment so it could get cancelled and go out in style. yup

Posted by Anonymous | August 18, 2010 4:46 PM

special guest was jesus christ. now he ain't coming and everyone is going to hell.

Posted by Anonymous | August 18, 2010 4:49 PM

Still gotta love the high level of discourse here.

Posted by Anonymous | August 18, 2010 4:52 PM

@4:41

sorry buddy, but that apt that you paid 3m for is worth about 950k these days. and you will still hear crappy bands, jelly is not the only promoters that puts on shows on the waterfront.

Posted by Anonymous | August 18, 2010 4:55 PM

die die die, hipster die

Posted by Anonymous | August 18, 2010 4:55 PM

inside baseball, dont care, fucking figure it out, bushwick kids are crying and chuck is losing votes, snap to it before the riots

Posted by Anonymous | August 18, 2010 4:57 PM

williamsburg waterfront now accepting open water containers, river access, and non press related SLRs

Posted by Anonymous | August 18, 2010 5:05 PM

If anyone wants to make their voices heard about the NY State Parks, and specifically Rachel Gordon's idiotic demands on visitors to all the state parks in NYC, please reach out to her, her boss Carol Ash and Gov Patterson.

Gordon runs all seven parks in the NYC area and can make any decision affecting the parks with no approval. This needs to stop.

Posted by Danielle | August 18, 2010 5:09 PM

Thanks Jelly for all the fun. Sorry that these stupid cunts can't appreciate what you did but what do you expect from a bunch of privileged white kids.

Posted by Anonymous | August 18, 2010 5:23 PM

Gov. Patterson should offer this East River State Park site for the Ground Zero mosque.

Posted by Anonymous | August 18, 2010 5:30 PM

4:30 "If you've ever worked with (or tried to work with) Jelly you would know that they have always been self serving assholes with a fake mission from god to bring rock to the community. glad they are outed."

They did bring rock to the community, right?

Posted by chrysler5thavenue | August 18, 2010 5:35 PM

My butt responded to Jelly in the form of a sick fart.

Posted by Anonymous | August 18, 2010 5:43 PM

fuck it. that chick from jelly is right.

the pool partys are depressing and have sucked this year even more than last year.

However, the rock yard was awesome last Sat - Thanks Jelly

Posted by Anonymous | August 18, 2010 5:45 PM

LOL, love that 4:55 thinks that dude is serious.

Posted by Anonymous | August 18, 2010 5:55 PM

5:09, Don't you know the kidz here will call you a tool for even knowing the Governor's name? The bottom feeders on BV get mad any time anything grown up is mentioned or suggested.

Posted by Anonymous | August 18, 2010 5:56 PM

WHAT TIME IS DAFT PUNK GOING ON?

Posted by Anonymous | August 18, 2010 5:57 PM

Stop acting like people who post on BV's page are anything but caricatures.

Posted by Anonymous | August 18, 2010 6:01 PM

letter was very well written. obviously i dont know how accurate it is. im no lawyer but agreeing to pay all overages as deemed necessary by someone else who has no incentive for keeping costs low is never going to end well

Posted by Anonymous | August 18, 2010 6:05 PM

"...with no allusion that this would be the case before the summer started"

Apparently the staff doesn't include proofreaders.

Posted by Anonymous | August 18, 2010 7:30 PM

I am sorry, but NO ONE does things for FREE.

Posted by Anonymous | August 18, 2010 7:46 PM

Your Senator will not save you.

Posted by Anonymous | August 18, 2010 8:37 PM

where the eff is obama. i want to know.

Posted by Anonymous | August 18, 2010 8:47 PM

Actually, that letter was poorly written, but they are rock promoters, not Patricia T. O'Conner. Too bad it's going out with a whimper, but that park is a pretty big downer compared to the pool. What's a park about that? It's more like an overgrown parking lot with high rise towers looming. Which if you could actually face the water and the skyline you'd probably be able to forget about. Oh well, it was fun while it was fun.

For every gourmand who has attended and enjoyed teh Hummus Parties over the last five years, to those who raised a pita and danced and laughed with us, we thank you and will be forever tahini.

Posted by Anonymous | August 18, 2010 8:58 PM

@8:47

h'mmusta been busy with something else

Posted by Anonymous | August 18, 2010 9:24 PM

msmmmmmmmmmmm...h'mmmmuss!

Posted by Anonymous | August 18, 2010 9:47 PM

smoke weed every day

Posted by Anonymous | August 18, 2010 10:08 PM

10:08 I got cuff'd at the last jelly show, the security was retarded, 2 many cop$

Posted by Anonymous | August 18, 2010 11:25 PM

Whatever guys, Daft Punk is playing at my house and you're all invited.

Posted by Anonymous | August 18, 2010 11:40 PM

i am looking to buy some circus tickets

Posted by gov patterson | August 18, 2010 11:54 PM

Last paragraph reads like a permanent farewell.

First Market Hotel and now this...

Looks like it's time to move back to Ohio, everybody.

Posted by Anonymous | August 19, 2010 12:13 AM

burst out laughing at 4:45. god damn that's upsetting... i'll never know what punches again

Posted by Anonymous | August 19, 2010 1:19 AM

Oh you know Rock Yard is gonna suck now.

Posted by Anonymous | August 19, 2010 7:51 AM

yeah probably the OSA came to check out a show and saw punches, and was like we need to stop this immediately

Posted by Anonymous | August 19, 2010 10:01 AM

totally bullsh*t persecution of life-loving joy seekers, once again. hate u OSA

Posted by Anonymous | August 19, 2010 10:09 AM

open space alliance...scientologists..

Posted by shaun | August 19, 2010 11:28 AM

freemason mothaf*ckas!

Posted by Anonymous | August 19, 2010 11:34 AM

DIRTY LAUNDRYYYYYY

Posted by dlv | August 19, 2010 11:47 AM

is enon over now that matt is in holy f*ck and john in caribou? man i miss ENON

Posted by شات كتابي | September 24, 2010 2:38 PM

thnks
gooooooooooood
min

Posted by شات الشرقيه | February 23, 2011 10:56 AM

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