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chan316 New user 40 Posts |
Hello all
As a part time professional getting ready to make the jump to full time, I was curious about contracts. What kind of things do you guys write in your contracts? Is it just a matter of fee's and cancellation fee's, or is there more to it? Chan |
rossmacrae Inner circle Arlington, Virginia 2475 Posts |
Other people have different requiremnents, but here are the things that I have felt a need to spell out:
To hold your reservation, this contract & deposit («Deposit$») must be received by «Contract Due» . 1: RESPONSIBILITY FOR PAYMENT — By signing this contract, you are stating that you are authorized to make these arrangements and approve payment on behalf of your organization. You also agree to be personally responsible for payment should your organization fail to pay as specified herein. Payment is to be presented before the performance begins. Payment for any additional performance time or services must be made to the performer before the additional services are rendered. Purchase Orders are accepted by prior arrangement only. 2: PERFORMANCE CONDITIONS (a) The performer needs to take instructions from ONE person. Please see that the performer knows who that person is. The exact beginning, end and duration of each performance feature will depend on directions from your representative on the day of the event, and on the performer’s judgement. For instance, the performer may finish one feature and not resume it if he deems it advisable to do so. If hazardous conditions arise (such as dangerous weather, unruly crowds, police orders, unsafe performance area), it is within performer’s sole discretion to modify the performance, change or relocate the performing area, designate where the audience may sit, make announcements, delay or even terminate all or any part of the performance. (b) Performer may bring any assistants he or she may deem necessary, and may avail himself of any refreshments offered to the audience. (c) Performer does not usually need to take breaks, but may elect to take one break of up to 10 minutes during each scheduled performing hour at performer’s discretion. Performer may pause as needed to get equipment and supplies from his vehicle. (d) The performing area must have adequate shade. Neither our people nor our equipment can withstand the full sun. 3: PARKING — You agree to reserve or make available the closest legal parking space to the performance area for the performer’s use, at no charge. Performer’s vehicle may remain in this space for the duration of his stay. 4: RECORDING — You are welcome to record, photograph or videotape the performance at no additional charge. Performer or his assistants may also record, photograph or videotape the performance, including audience members, without further permission or compensation, both for performer’s personal files and for use in promotional materials. 5: EMERGENCIES — Should it become impossible for the contracted performer to arrive due to an emergency, we will attempt to obtain a different performer who can offer services as close as possible to those set forth here. We will, in such an instance, be considered to have fulfilled our obligation, and payment in full will be due as specified. If we are entirely unable to supply a substitute performer, we will refund any monies you have already paid to us, and you agree that such refund will be the sole extent of our obligation. 6: DEPOSIT/REFUND/CANCELLATION POLICY — Deposit is fully refundable up to 30 calendar days before the performance date, and is non-refundable after that time. If weather makes it impossible for us to travel, we will refund any deposit received. If weather merely makes your event unattractive (as in the case of a rained-out picnic), we are entitled to the deposit (or 50% of the agreed fee, if deposit is not requested) as a "kill fee" and any performance on a subsequent "rain date" (if we have the time available to offer you) would be at the full contract price. 7: This contract is the complete agreement, and is not final until accepted by Blue Ridge Entertainment. I have read and agree to these terms. (SIGN): / Date: . --------------------- Also remember that it may be altogether too difficult to enforce the contract in the event of a breach, but setting these terms out and getting someone to read them and sign ensures that at least one person in authority has paid real attention to your needs. |
Lyndel Inner circle wrote the theme to the TV show COPS! 1623 Posts |
You might also want to check out Jim Kleefields "The Contract Book." Great info and sample contracts for entertainers! http://jimkleefeld.com/JWKBooks.html
Lyndel |
MrHyde Special user 810 Posts |
Just to throw in a different view...
I was surprised some time ago when I found out that one of Australia highest paid speakers (now based in the USA , charging some 20,000 a session) hardly ever used contracts. Her view, (was that a surprise?) was the time and effort involved was not worth it she was better off spending that time marketing and in development. |
magic4u02 Eternal Order Philadelphia, PA 15110 Posts |
One thing I would like to add is that at the minute I decided to use contracts for every show (this was a while back), people started taking me so much more seriously. The idea that a person has to sign a contract gave the client a sense that I was that much more of a professional. Their perceived value of me climbed. So the contract can not only be a legal protection thing, but can also be a marketing tool as well.
Kyle
Kyle Peron
http://www.kylekellymagic.com Entertainers Product Site http://kpmagicproducts.com Join Our Facebook Fan Page at http://facebook.com/perondesign |
nucinud Inner circle New York, New York 1298 Posts |
I agree 100% with Kyle. A contract keeps everything on a professional level.
"We are what we pretend to be" Kurt Vonnegut, jr.
Now U C It Now U Don't Harry Mandel www.mandelmagic.com |
magic4u02 Eternal Order Philadelphia, PA 15110 Posts |
It really was an amazing thing when I first started doing the contracts. It was something that was unexpected. I styarted using them to cover myself legally from he shows I was setting up. I was starting to get into bigger markets and wanted that extra protection I felt I needed to have.
but as soon as I started using them, I saw a huge change in the way clients started treating and reacting towards me. I started getting more repsonses back in a timely manner. I started getting things done for me that benefited my wife and I to make our show run smoother. All in all, people just took us at a much higher level of professionlism then thay had before. Kyle
Kyle Peron
http://www.kylekellymagic.com Entertainers Product Site http://kpmagicproducts.com Join Our Facebook Fan Page at http://facebook.com/perondesign |
PatrickDonovan New user Pennsylvania 38 Posts |
Rossmacrae - Thanks for your post. After reading it, I think I need to re-write my contract. Anybody else have examples of the contracts they use?
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Magic of Dan Regular user St Charles, MO 115 Posts |
I second the Jim Kleefeld contract book. I used it to make my birthday party contracts and corporate event contracts.
http://jimkleefeld.com/JWKBooks.html
Dan
The Magic of Dan |
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