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freefallillusion1 Elite user Cincinnati, OH 446 Posts |
I hardly do any outdoor shows, but I do get the occasional summer festival gig. I just recently had a client ask my policy on rain-outs and wasn't sure what to say. What does everyone here do? Thanks!
Phil |
Mindpro Eternal Order 10586 Posts |
I get paid rain or shine.
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Gerry Walkowski Inner circle 1450 Posts |
Phil:
If you don't put an "inclement weather" clause in your contract, it will come back to haunt you at some point during your magical career. You may get one client or so who may balk at this but the majority of them won't even question it. Gerry |
Jim Snack Inner circle 1338 Posts |
Good question. It's important to have a clear policy and clause in your written agreement. I discuss this in Volume one of my Success in Magic course. For an outdoor event I use the following clause:
"If the SPONSOR requires an outdoor performance, and the performance is canceled because of rain or other inclement weather, the PERFORMER agrees to perform on the same date and time indoors, or at the PERFORMER’S sole discretion, at a later time on the same day outdoors. Such agreement is contingent on PERFORMER’S touring obligations. In any event PERFORMER shall be paid one hundred percent (100%) of the agreed fee whether the performance is canceled, played indoors or postponed to a later time on the same day." For school assembly programs that occasionally get snowed out here in the Northeast, I use the following clause: “Inclement weather: If the performance is an in-school program scheduled during regular school hours, and, if school is can canceled or delayed due to inclement weather, then both parties agree to re-schedule the performance to the first available, mutually agreeable date and time.” Often the sponsor will want you to hold a rain or snow date open. I don’t really want to take a potential booking date off the market because that means I cannot accept another booking on that date. I will pencil in rain dates, but I do not take them off the market unless the client will pay for the date. I have told clients that if they want to guarantee the rain date I will need an additional fee - 50% of the performing fee. No one has ever taken me up on that and they are usually happy to agree to the clause above. It is important to negotiate what both parties will do in case of bad weather. Discussing a back-up indoor area is a good idea, but the space may not be available. Another option is to offer to do strolling magic indoors in lieu of a stage show if space is not available. Here are a couple of other options you could offer clients: 1) Keep your 50% deposit as compensation for the rain date, let them slide on the balance, 2) Hold them to the contract and get paid 100% for the rained out event, but offer to apply some, or all, of the fee towards a future event. As Gerry pointed out, most clients won't question your policy, as they have dealt with it before. If they do, just negotiate something agreeable. Jim |
corpmagi Special user New York 725 Posts |
If a client books an outdoor event without a rain date, then you deserve to get paid for holding that date for them. If they want to book your show with a rain date, usually the following day, I ask for 50% above my usual fee.
A Modern Trade Show Handbook
www.trafficstoppers.com/handbook |
mrmagic9112 Regular user 138 Posts |
I have in my contracts that I will not perform outdoors in bad weather period. They have the option to provide an indoor location or cancel if they cancel they are responsible for the entire fee. I have never had to cancel a performance yet. Most clients have a back up plan incase of rain. My school show policy is similar to Jim Snacks above.
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TheDean Inner circle Reno, Nevada 2164 Posts |
If you use the SEARCH function, (at the TOP, under the café logo) there are LOTS of tips and information INCLUDING sample contracts and clauses you can model and apply... whoo hoo!
Dean Hankey, *M.D. - The Dean of Success Solutions!
Serving & Supporting YOU and Your Success! "Book More Shows... Make More Money... SERVE MORE PEOPLE! - Not Necessarily In That Order…" (*Marketing Doctor) |
magicmax1 New user 59 Posts |
You should get paid no matter what happens.
-Max |
magico563 Veteran user UK, sheffield. 381 Posts |
So forget about outdoor and it raining, do some of you guys still ask for full payment if a indoor gig is canceled by the booker??
Tom. |
Paddy Inner circle Milford OH 1571 Posts |
Quote:
On 2008-08-12 18:49, magico563 wrote: Not yes, but YES!!!! If the booker cancells they pay me the whole amount. Only had it happen once, When he cancelled he handed me a check, I didn't have to ask for it. |
MagicalArtist Veteran user Hobart, Indiana 378 Posts |
I was booked for a backyard 50th birthday party. It was 1/2 hour strolling and then a 1/2 hour standup show.
Well I had just finished doing the strolling part and got to all the tables when it started drizzling. The bagpipe player (yes there was a bagpipe player) had to play happy birthday first (because he “couldn’t get his bagpipes wet"). So I say I can do the standup show for the kids under the canopy, sort of an open tent. Well, it starts storming and pouring down rain. It’s so loud I have to shout and I'm still not sure they can hear me. I'm thinking to myself “what If lightening were to hit this canopy with all of us under it?" Finally when the rain mist starts blowing sideways through the canopy I wrap up my show. Certainly I went beyond the call of duty, I think. I look like a drowned rat after I bring my stuff to the car. So I come up to the front door after the show and say to the husband who hosted the party “well I think most of the people got to see the magic" and he just says “Oh yeah?” I'm thinking to myself “Well, you were there, you saw me working all the tables,” but I said nothing. Then the wife finally comes with the payment and says “Thanks, I guess.” Uh, I didn't cause the rain, lady. I don't know what these people expected when I had fulfilled my contractual obligations...only to take half the fee? I had a "rain clause" in my festival contract, but now I'm planning to add to my letter of confirmation for private shows something to the effect of “The performer fulfills his contractual obligation by showing up in time to do the show. It is the client's responsibility to arrange an alternative location, such as a living room, basement or garage in the event of rain. Signature indicates agreement with these terms.” I learn something with practically every show I do. |
critter Inner circle Spokane, WA 2653 Posts |
Yes. You put in the time. You lost chances for other business. You ought to be paid.
"The fool is one who doesn't know what you have just found out."
~Will Rogers |
Signor Blitz Elite user 419 Posts |
If the weather looks cloudy - I would take care of the payment FIRST! (Iusually do that anyway) "Before things really get started why don't we take care of the finances first and just get them out of the way. That way you don't have to go looking for your check book after the show"
or something to that affect |
DanielSteep Inner circle 1409 Posts |
"... If weather merely makes your event unattractive (as in the case of a rained-out picnic), we are entitled to the deposit agreed fee, if 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."
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DCURTHRABE New user Burbank, IL 78 Posts |
I will usually try to work out something with the client that is suitable to both of us. I do a lot of Birthday partys, and know how stressfull it must be for the parents to plan an outdoor party and then the rain comes, so I would rather help solve the problem than to add to it, even if it means stepping outside my normal show to adapt to a small corner of an already small living room.
But regardless I do believe you should be paid at least a good portion of your fee if not all of it, after all it is your time. |
abbylondon New user 54 Posts |
After working outdoors for years, I have started a policy of indoor shows only, and rain dates are now a non-issue and it is such a PLEASURE to be inside.
Here is how I try to convert outdoor customers to having my portion of the party inside: http://www.abbylondon.com/outdoors.htm If they are not willing to make a place for me inside, I'll refer them to someone who works outdoors.
Abby London
http://www.abbylondon.com |
The Magic Cafe Forum Index » » Tricky business » » What's your policy on outdoor shows if there's a rain-out? Still get paid? (0 Likes) |
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