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magic4u02 Eternal Order Philadelphia, PA 15110 Posts |
Hi all.
I was wondering if someone could offer advice on what the best course of action is to take when you already have your own contract but a fair or festival wants to send over theirs also and have you sign it? How does one handle this? Would I attach my contract to their as an addendum? My contract has very specific things listed in it that I need them to sign and be held accountable for it. It protects me as well as my technical rider to the contract that states what I need made available to me at the performance. What do you suggest is the best way to handle it when the fair/festival wants to send their contract and you also have your own. Thanks in advance. Kyle
Kyle Peron
http://www.kylekellymagic.com Entertainers Product Site http://kpmagicproducts.com Join Our Facebook Fan Page at http://facebook.com/perondesign |
truthteller Inner circle 2584 Posts |
There is a phrase which you can hand write on their contract and initial. Sadly I cannot remember what it is. Basically it means "I agree to these terms AND those which are to be discussed or attached." They are then required to initial the smae handwritten line and sign off on your riders. That way both contract information is binding. I wish I could rember the phrase, but ask Lee Darrow, he might know.
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magic4u02 Eternal Order Philadelphia, PA 15110 Posts |
Thanks so much. That was my thinking on this as well. I can have a rider to their contract and state that I agree to the contract with the following attached rider clauses agreed upon by the first party. Then I have a signature line for myself and for them to sign as well. That seems like the logical way to do it. This way I am covered as well.
Thanks. Any firther help or tips are appreciated. Kyle
Kyle Peron
http://www.kylekellymagic.com Entertainers Product Site http://kpmagicproducts.com Join Our Facebook Fan Page at http://facebook.com/perondesign |
Ricky B Regular user Northern California 172 Posts |
There is no magic phraseology. What truthteller said is good enough.
If they send you their contract already signed, your attaching your contract and modifying their contract to say that terms of your contract are additional terms does not create a contract unless they also sign your contract afterwards or otherwise show they have agreed to the terms. In the ordinary case, if the second party to sign modifies an agreement after the first party has signed, the first party is not bound (either to the new terms or even the original terms). If they have not signed already, then their signing after you have attached your contract and made a notation on their contract that the terms of your attached contract are part of the agreement is sufficient. In either case, you may need to follow up and get a copy with the requisite signature. Many organizations like to sit on the fully signed copy and fail to return a copy to the other party unless you bug them. --Rick |
magic4u02 Eternal Order Philadelphia, PA 15110 Posts |
Thanks Rick. If I get their contract and it does not go against my own, then I will sign theirs and send my own for them to sign as well.
If their are things that need to be changed etc., then I will attach mine as an adendum to theirs and have them resign it with the adendum attached. I will also call them to let them know about this. In most cases their contract should be fine and will not go against anything on my own. Thanks, Kyle
Kyle Peron
http://www.kylekellymagic.com Entertainers Product Site http://kpmagicproducts.com Join Our Facebook Fan Page at http://facebook.com/perondesign |
Jim Snack Inner circle 1338 Posts |
Kyle,
If there are any clauses in their contract that conflict with clauses in your contract, call up the client and discuss it. You can always cross out those clauses and initial the change before signing and returning it. Another possibility, probably better, is to completely re-write the contract to include the clauses important to both parties. Sign that and send them a copy to sign and return to you. Jim |
magic4u02 Eternal Order Philadelphia, PA 15110 Posts |
Jim:
I like that better and makes sense to me. I think that is how I will handle it. Thanks. Kyle
Kyle Peron
http://www.kylekellymagic.com Entertainers Product Site http://kpmagicproducts.com Join Our Facebook Fan Page at http://facebook.com/perondesign |
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