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The Magic Cafe Forum Index » » Tricky business » » Bad Weather Clauses (0 Likes) Printer Friendly Version

iwillfoolu
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Special user
Upstate NY, USA
746 Posts

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So I have been using a bad weather clause in my contracts that says

"For all outdoor events: The client is responsible for an alternate plan for inclement weather. Outdoor events must have a contingency plan for bad weather. A nearby indoor area is preferable, but a sizeable tent may be used. The performer has the right to cancel the show(s) and receive his full fee from the client in cases of rain, snow, wind or other severe weather if there is no protected area in which to perform."

I actually had to use this clause this weekend. I arrived to find a steady drizzle and no audience (they expected thousands). The client asked me what I wanted to do. I wanted to perform but I gave them two options: 1) Perform as agreed upon (3 hours walkaround) OR 2) I go home now and keep the deposit (50%)

They chose option #2.

What do you do in situations like this.

Joe
Magician and Balloon Twister
New York Magicians
Magician New York
joshlondon17
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Special user
San Diego, CA
685 Posts

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Why didn't you get your full fee as stated in the contract?

I think you made the right decision.
rossmacrae
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Inner circle
Arlington, Virginia
2452 Posts

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Sounds like getting the 50% for not working shook you a little, either because "I should have gotten it all" or "I can't believe I got the 50%", or both.

They had to pay all their employees who were there (if it was a business), and they had to pay everything else they agreed to pay (even if they still have the 100 cases of beer and the 200 pounds of fresh hamburger) - it's the chance they decided to take, they rolled the dice, and they came up "snake eyes" - it happens.

I feel bad for the sponsor, too, when that happens - then I remember how many times I've been forced to accept the consequences when the dice come up bad for me. They do that, with regularity - every now and then, I oughta be the one who gets the luck and someone else just has to accept it.

Also, you're not really "getting lucky", you've made an even-handed business decision that's fair to both sides, and this is the way it went this time.

My own contract includes one clause that might be of interest:

'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.'

I've only had to apply it once.
Dannydoyle
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Eternal Order
20661 Posts

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Well I look at it like this. Think landscape, or big picture.

If you want to keep the client happy, and still look like a fair businessman, you did the right thing in my opinion. You have expences involved and you did block off the date, it is fair to be compensated something.

They did have an enexpected turn of events, and as it works out you did your best to compensate them. I think you will be remembered for this. If they have another event my guess is they call you first. That is good.
Danny Doyle
<BR>Semper Occultus
<BR>In a time of universal deceit, telling the truth is a revolutionary act....George Orwell
SeaDawg
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The Lunatic Fringe
718 Posts

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Guys this topic is most pertinent at this point in my career. I have just had a new agency start booking me and there is a huge outdoor festival that will span several consectutive days in one city and then on to 2 smaller venues in the same region. The chances of us hitting 8 straight non weather cancelled days are not good at all.
Crazy people take the psycho-path thru the forest...
rossmacrae
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Inner circle
Arlington, Virginia
2452 Posts

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SeaDawg, if it's an agency booking you really should talk to someone other than a secretary and ask them in detail about their weather-cancellation policy.

You can have any policy you want, but it is the agency's policy that will govern this booking.

--------------------

Oh, yeah ... tell your parrot "arrr!" for me, please.
TroyRoark
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Loyal user
Springfield IL
282 Posts

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Your agents contract should state exactly what their weather policy is. If it doesn't, then the client doesn't know either. I'd make sure it's on that contract.
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