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TKE Veteran user FL 346 Posts |
How exactly does the contract thing work. Ive been reading some of your posts and and see things such as "my contract with this place had ended..."
are there advantages of contracts with strolling gigs and if so how would you propose that to the manager? |
Suzanne New user Minneapolis 96 Posts |
I think working with contracts at a restaurant is a matter of taste and not a “you have to do it” sort of thing. There are some advantages to having contracts, especially if you’re working at a chain.
When I first started working restaurants in the early 80s, I used contracts. I started out working for a couple Ground Rounds. Then I landed a couple more gigs, one at a nightclub/restaurant and another doing the Sunday Brunch at a seafood place. I had contracts with all of them and I would renew them every three months or so depending on the place. I used the contracts partly as a selling point. The more time they contracted with me, the less it cost them. So I would show them different packages and then contract the package that appealed to them. Gigs would come and go as management changed. Sometimes the new management didn't want to keep me on. Not their idea to hire me soooo... buhbye. The contracts were helpful in a couple of those situations because the arrival of the new manager overlapped with my contract. They had to keep me on for another month or so even though initially they didn't want to. When they found out how well the staff and I worked together and how I could help them keep their customers happy, they decided to keep me on. I guess I grew on them. If I didn't have contracts, they would have let me go as soon as they took over. The contracts I used weren’t complicated at all. They just basically said how much I was to be paid and how (cash or check), that I was an independent contractor, what night/s I would be working, the start and end times, and how long the contract was good for. All that being said; I’ve been working for an upscale, owner run restaurant now for about 10 years and we never had a contract. Another restaurant owner heard about me and asked me to work for his place. I don’t have a contract with him either. I’ve been with him now for almost a year. At this point, I don’t see a need to have a contract. I know the owners, they know I’m going to show up, I know they’re going to pay me, I know they aren’t going to just let me go without talking to me first and giving me some sort of notice. Hope this helps. Suzanne |
sullivanl Loyal user 277 Posts |
Always use a contract and get it signed before the show, even if you are performing a show for your family members. It avoids disputes, simple as that. Both parties know their role in the agreement.
A contract can be verbal, of course. But it would be harder to prove in a court of law. |
Rob Johnston Inner circle Utah 2060 Posts |
I have a regular restaurant stroll gig.
The employers caught me with my pants down when they first hired me and asked if I had a contract for them to sign. I must admit..I was highly unprepared for that. I am not a business man, just a part time stroller. Anyway, we reached an agreement in which I am an actual employee. Now, this may not be good for most people...but for me it is MUCH easier...and less hassle.
"Genius is another word for magic, and the whole point of magic is that it is inexplicable." - Margot Fonteyn
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Suzanne New user Minneapolis 96 Posts |
Wow Rob, that's an interesting arrangement. Do they take taxes then? If so, I could see that it could have some advantages.
Suzanne |
Jondalawyer New user 63 Posts |
Keep in mind a contract does not have to be a long formal document. Even a brief letter summarizing your understanding of the agreement to perform, with an acknowledgement from the other party works well.
One page, maybe one and a half. Pretty Easy. You don't even need a lawyer. Best, Jon |
SoCalPro Inner circle Southern California 1634 Posts |
Interesting topic. I say....for a private gig,, ALWAYS,,,ALWAYS..ALWAYS... get a signed "Performance agreement" (contract is kinda harsh sounding). I always ask for a "non refundable retainer fee" as well. This shows me that the client is serious. I've had way too many clients sit on the agreement till the last minute then just cancel for no good reason.
As for contracts in restaurants.... I have never had one. I can see Suzanne's point with having one with the bigger chains. And YES, most of the time when a new manager comes in they don't see the value in you right away and get rid of you. I've even had a manager recently who used to really like me (when she wasn't paying me) let me go, but that's another Soap Opera. Most restaurant managers won't sign a contract, they've told me so. That is one of my selling points is that I do not require one, just give the magic about 3 months to see if it works out and if not, no problem. On a side note. I've never had a restaurant for less than 6 months at a time, and one restaurant I perform at, I've been at since 1992. Anyway, I hope this helps, even just a little. |
Suzanne New user Minneapolis 96 Posts |
Hey SoCalPro!
Exactly right! I always get a "contract" for a private gig. And I agree, the word "contract" is a little too harsh sounding. What I do is send a confirmation email (I love the internet!) It's just a template email I have set up and just fill in the parameters when I'm firming up the details with the client. It includes: the date, the time, the type of show, how many people will be there, where it's going to be, how much I'm going to be paid how I'm going to be paid (cash, check, how to make out the check) what happens if they have to cancel (sometimes they might have to pay me anyway) stage requirements (if it's a stage show) I think that's it Then they just reply to the email saying that everything is right and we're all set! Everything is handled before I even get off the phone with them. Usually they send the email back right away. It doesn't even cost me a stamp! And it comes off more friendly than other contracts I've seen. I find the confimation emails to be useful in making sure we are on the same page, more than protecting me from them not paying or them canceling or something like that. One note about my history with actual contracts. I've been burned 3 times in the whole (mufflemuffle) 23 years of doing magic professionally. All three times I had contracts (side note: they were all little kids bd parties which I don't do anymore). I took them all to small claims court. Won every case (because I had contracts... well that and, the clients never showed) and still didn't get paid. Suzanne |
Rob Johnston Inner circle Utah 2060 Posts |
Yes Suzanne, they handle the taxes for me and everything.
For me it is easier...but it also puts me at the mercy of the employers...luckily they are good people. I wouldn't suggest it if you didn't trust them or the establishment..as you lose some freedoms. I am pleased with the arrangement and for those of us that are business impaired...it works GREAT.
"Genius is another word for magic, and the whole point of magic is that it is inexplicable." - Margot Fonteyn
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Bill Palmer Eternal Order Only Jonathan Townsend has more than 24312 Posts |
Quote:
On 2006-06-23 19:31, sullivanl wrote: All contracts are verbal, because they use words. Whether written or spoken, they are still verbal. Oral contracts are the ones that are not written down. And to quote Sam Goldwyn, they aren't worth the paper they are printed on. When I was a pro musician, for most of that time, I was in the union, and contracts were required on all gigs. Since Texas is a right to work state, some people had problems with that, but if you say, "Well, the union requires it," that generally took care of the problem. When I work through booking agencies, I get contracts. Letters of agreement are also good and most people consider them a bit more friendly.
"The Swatter"
Founder of CODBAMMC My Chickasaw name is "Throws Money at Cups." www.cupsandballsmuseum.com |
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