Kissed off at Whistler, band's company sues concert promoter

The entertainment company that represents the rock band Kiss is suing a Vancouver concert promoter for breach of contract.

The entertainment company that represents the U.S. rock band Kiss is suing a Vancouver concert promoter for breach of contract.

In a document filed in B.C. Supreme Court, McGhee Touring claims Big Mountain Concert Co. broke a contract to have the legendary rockers perform in Whistler on Sept. 15 by cancelling the show.

The promoter had cancelled the show only a few days earlier because of what it called "logistical problems" at the mountain concert site.

The touring company claims the promoters didn't have the money or the venue secure prior to entering into the contract with the band.

It is seeking $900,000 US, which is the amount owing in accordance with the contract, as well as other costs.

Big Mountain president Dennis MacDonald said everything was in place for the show, but the band's requirements kept changing.

"We worked and worked and worked to try and ensure that we could to do what was required, however, it never ever came to an agreement on what we were prepared to deliver," he said.

MacDonald said the biggest problem was they weren't able to get an agreement on a contract that went with the show. He said there was lengthy discussion over several months and though a contract was drawn up, nothing was signed.

"To be in breach of contract when we don't have a contract is a bit interesting to us," he said.

Even though the contract hadn't been signed, the concert was being promoted. MacDonald said that's a rare situation.

"It's certainly not something we've ever done," he said. "We were unable to come to an agreement with them."

MacDonald added that while there have been problems with the band's representatives, the rockers, who are fronted by eccentric bassist Gene Simmons, have been "fantastic" throughout the ordeal.

The lawyer representing McGhee Touring saidthe lawsuit is simply a simple contract case.

"There was a deal and it was cancelled," said John Elwick. "There was a requirement that they put the money up front and that never happened."

"[Kiss] said they had a contract, they were ready, willing and able to perform and the promoter who basically contacted them to play the concert then cancelled it. That's the story."