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Jon Gallagher Veteran user Elmwood, Illinois 395 Posts |
I learned a lesson today that was expensive on my part.
I booked a school show back at the start of the school year for today. I sent out a letter of confirmation immediately after booking it telling them that they'd receive a package about a week ahead of the performance. That package was sent out last week. There was no contract involved because I've rarely used a contract. A verbal agreement has always been good enough. It's been that way for more than 25 years. The school was about 90 miles away. I left home this morning at 6:30 to make sure I was there by 8:30 for a 9:00 show. A second show for older grades was to being at 10:00. I walked into the school right on time at 8:30 in my tux. The secretary looked at me like I'd just stepped off a space ship. The principal came to the counter and told me, "I cancelled that show. I called you three times and left messages on your answering machine. I cancelled!" I asked why. He told me that another magician had under-bid me for the job and that the assembly had already taken place about a month ago. I asked if he received my package last week, and he said, "Yeah, but I just figured that was automatically sent out by your computer or something." It was at this point I was wondering how much this guy paid someone to do his undergraduate and post graduate work for him. I asked him why he didn't call then to make sure I knew it was cancelled. He couldn't decide whether his answer should be "that was one of the three calls I made to your answering machine," or "it was long distance." I've never been one to be shy about my opinions and I quietly told the principal what I thought about his ethics and morals. I left, but with a lesson learned. From now on, all my bookings will have a signed contract on file. Hope someone else out there can learn from my mistake. -Jon |
Chrystal Inner circle Canada/France 1552 Posts |
Hi Jon,
What an awful experience, I really feel for you. The fact that you decided to share this with the members, will probably help someone down the road. Best of luck to you. |
Steven Steele Chief of Staff 1868 Posts |
I always call one or two days before to verify that nothing has changed and to get any needed directions. I do this for every show, no exceptions.
Steven
Coram Deo
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Jon Gallagher Veteran user Elmwood, Illinois 395 Posts |
A follow up.....
I talked with the superintendent of the school district this morning and he offered to pay 30% of my scheduled fee for the show. I don't know whether to accept or not because if I do, then I'll probably never work that school district again and if I don't, then I'm out the expenses of the cancelled show (I could have booked another show that day). What is most interesting is that the superintendent seemed to be a super guy. He said this wasn't the first time the principal had pulled this, and that he was all the time trying to save money at his school by going around contracts signed by the board to bring in vendors with cheaper prices (for an example, he cited snow removal). The superintendent assured me that they will be willing to book my show next year. In the meantime, I've booked two other shows since the cancelled show, and told each contact that I'd need a signed contract which I would forward to them. No objections, and one of the contacts told me she thought that was very professional on my part. Maybe that principal's slap to my face was something I needed. |
magician81 Loyal user singapore 293 Posts |
Hi jon,
With my very limited knowledge in law, contracts can be formed on the basis of verbal communication, it is not necessary it had to be in the form of writing. But despite saying this, it all depends on the circumstances of each case. So you might have a valid case here, and with stuff like computers and the answering machine here, it is rather complicated. But consider you have learned a valuable lesson here. Even if I'm still a beginner, I feel contracts in any type of biz are important, let alone show biz. regards
never try, never know
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Allan Elite user 405 Posts |
Hi Jon,
I feel for you. I have always used contracts. Within the contract is a cancellation clause. If they cancel too close to the date, I get to keep the deposit. Yes, deposit. A deposit and a contract let's them know that you are a business. While I have had a few shows cancelled, I then ask why they cancelled. If it is a proper excuse such as a death, etc. I look at my info. If I lost a possible other show, I have to keep the deposit. If I didn't, I return the deposit. I look for every reasonable excuse to return the deposit. When I send out a contract and I cannot get a deposit, I put a cancellation fee into the contract. When you use a contract and have a cancellation penalty, you will find the communication between you and the client will be done in a more business like maner and they will be in touch with you should a problem arise. |
paraguppie Elite user Forsyth Montana! 411 Posts |
Hi,
I learned this lesson before doing magic, when I was playing in bands. I learned in a hurry that a contract is the only way to go. There are too many people out there that get wishy washy when it comes time to pay for your services. (Bar managers are terrible to bands!) Thanks for passing on the advice! Good luck with whatever you decide to do with that school. Keith
Check me out at www.magickeith.com
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grazza New user 46 Posts |
Glad to hear you've had some offer of reimbursement from the school.
Contracts are definitely the way forward. They save embarrassment/confusion on both sides, which is always important for client relations. One other thought— have you ever considered collecting deposits in advance of the show? A deposit would certainly cover your travel expenses and also encourage the booker to think carefully before cancelling a show at the last minute. |
Jon Gallagher Veteran user Elmwood, Illinois 395 Posts |
I think a deposit would be covered in the contract. You're right about that making the booker think twice about cancelling.
Here's the deal I made with the superintendent: I'll forego the cancellation of this year's show, but next school year, he books me for every elementary school in his district (a total of 11) at full price. I'll spend about eight to ten days in his district total (I can stay overnight with my daughter if that needs be— she's a student at the college in town). They get educational magic shows, I get a nice contract, and everybody wins. Thanks to all who responded and gave encouragement. The idea of the post in the first place was to educate others, and I hope that I have. Best to all, -Jon |
Chrystal Inner circle Canada/France 1552 Posts |
Hi Jon,
Sounds like it worked out well for you. Glad to hear it! |
Stuart Cumberland Loyal user 289 Posts |
Jon,
Ouch! Despite your success over all the years with no contracts (count yourself as being close to miraculously lucky), from now on say to yourself the following: "I will always use a contract". But don't call it a contract. Call it a performance agreement. Now, when you are on the phone with the customer and you have all the details you say the following: "Great Biff! That just about covers it. What I'll do is fax you off a performance agreement in the next hour or so covering all the details that we just discussed—and a simple technical sheet that explains easily what I need for the performance. If you could please look it over, sign it and *mail it back*, along with the deposit check within FIVE business days, that would be great!" That's it. That's all. Now, if they have any questions, here's where they will come. If they don't, they'll agree and away you go! I personally ask for—and get—50% deposits. If I don't get the paperwork back in five days, I send off a reminder fax to contact me *right away*, or else they MAY lose their date to someone else. My fees are substantial, especially corporate fees. But even if you're charging $200.00, they WILL think twice about screwing around. The money forces respect for you. I can ramble on, but let me just leave you with ONE last thought. Respect *yourself*. This is a business (even if you are part time). Deposits are *customary* in business. And of course, be a little bit flexible... if they can only send you $90.00, take it (I had a client who could ONLY authorize up to $1,000.00 deposits... that is substantial enough to flex with, so I took it). If you have ANY questions about contracts, let me know. I also highly recommend a book called The Contract Book by Jim Kleefield. It is about the very best I have ever read for performers/magicians. Ask Denny at http://www.dennymagic.com. If he doesn't have it, I'm sure he could get it for you. Cheers. Blair FREE Newsletter reveals inside money-making secrets of successful mentalists & psychics! www.Mental-List.com |
BlackSalt New user Canada 76 Posts |
You want people to treat you professionally? Issue a contract.
They expect you to sign off a date on your calendar and travel to their location. You owe it to yourself to have a contract with deposit paid. Remember, for a contract to be binding there must be a clear intent on the part of the client to purchase your services. Here in Canada a signature may not be enough to legally bind the contract. However, the exchange of money (i.e. the purchaser paying you a deposit on the upcoming performance) sets a clear precedent of intent to hire. Your depositing the money sets a precedent of your intent to provide the service. Now your cancellation clause(s) carries some legal weight. Business is business. A handshake is for welcoming friends. |
jlibby Inner circle 1044 Posts |
I think Sam Goldwyn once said, "A verbal contract isn't worth the paper it's written on."
Jon, looks like you made a really sweet deal, and the super was very willing to make you happy. While we're on this subject, let me ask: Do any of you insist on deposits from institutions like schools and libraries? I normally don't because my experience has been that the funds usually cannot be allocated until just before the program anyway. I suppose I could ask for a deposit if the PTA or PTO is paying for the program, but I haven't. I'd like to know how other performers handle it. See ya! Joe L.
My new FREE ebook on the classic Mismade Bill trick is ready for you:
https://funnybirthdayshow.com/mismadebill/ |
Jim Snack Inner circle 1338 Posts |
Joe,
When I used to do libraries, I never asked for a deposit; the amount was just not enough to go to the trouble of cutting two checks. Schools are a little different. If the funds are coming from the PTA or PTO, I always ask for the deposit. It is very easy for the treasurer to write the check. If the funds are coming from the school district, I usually skip the deposit because it is more trouble than it is worth, for them and me. Some school districts will not release funds until after a service is rendered. If that is their policy, I just waive the deposit. Sometimes, on rare occasions, I do manage to get full payment in advance from a school district. I simply tell them that my policy is 50% deposit/50% balance due immediately following the performance, however, if they would like to cut only one check, they may pay in full upon signing the contract. Sometimes they actually go for it because it is easier for them. I used to offer a 5% discount for full payment in advance to sweeten the offer, but it had little effect. Deposits not only secure a date and protect you from cancellations, but they also smooth out cash flow— an important consideration for any business person. |
magicsoup Elite user 461 Posts |
Hey Mike!
Could you talk about cancelation clauses? What do they say? What do you do if you book a show and for some reason you can't make it? Perhaps you have car trouble or get in an accident or your wife is in labour. Sometimes the baby dosen't come when you plan for it to come! Is there an acceptable clause for emergencies when you can't make it to a show? It's never happened to me but I wonder sometimes. BTW Mike, I have to ask you on this forum because you don't answer my emails. LOL, I know you're a busy guy! I'm not sure if I told you this already, but Laura is pregnant again! That is why I have some concern about making it to a show. It's great to see you in the Café'. I look forward to reading your posts! |
NJJ Inner circle 6437 Posts |
I don't ask for deposits but expect full payment on cancellation for any reason. I have a very strict contract that enforces this.
HOWEVER, I worry that if I ever need to pull out the contract that I won't be able to get the money. I have enough trouble keeping tracking of one cheque let alone two! |
BlackSalt New user Canada 76 Posts |
Magicsoup! (I like the handle)
My most public and humble apologies for not returning your e-mails. No excuses, just tardiness. Congratulations to you and your lovely wife on the new franchise opportunity. You really have the “appearing child” trick down! I gotta figure that one out some day. Regarding cancellation clauses: I researched it but can not find a president where “in case of child delivery” has been incorporated within a cancellation clause. LOL You should include at least two cancellation clauses. The first gives consideration of the fact that this is not a perfect world and unforeseen events and tragedies do take place. The clause should briefly outline what these events and tragedies may include and stipulate that neither the purchaser nor the entertainer will be held accountable or liable for a performance that does not take place due to such an event. I will send you the copy of our “Act Of God” clause. In it you will note the phrase, “unforeseen act of God (snow storm, natural disaster). Though I hardly think giving birth constitutes a natural disaster, you may be able to reword this statement to include “the unexpected, early birth of a child”. The other cancellation clause deals with a purchaser who decides to cancel your agreement for any other reason. In our case, if a cancellation comes more than 60 days prior to the performance, the purchaser is liable for only 50% of the contract amount. If the cancellation occurs 60 days or less prior to the performance date, the purchaser must pay the full contract amount. (This is why it is sooooooo important to take deposits. Between their signature on the paper and the bank statement showing the paid deposit, the purchaser is bound by these terms.) P.S. I love your garage sale story. Best regards, Michael |
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