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MagicKim
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Ĺland, Finland
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I have only done one gig, going from table to table. I am very new at this, only did it for fun until recently. How did you guys decide what to write in the contract? What requirements does a legal contract need? Like a lawyer present or something? what do you do if you are too sick to perform? and finally, I have no idea what to charge for different occasions. (asking for advice in another thread here).
Glad it worked out for you SoCalPro!

Kim
Countage
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Charlotte
361 Posts

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Joel Bauer has a great contract in his Hustle II intensive package. I have added some of my own addendums to it that work for me.
jay leslie
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Southern California
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Quote:
On 2007-11-29 22:51, BIGmagiclV wrote:
How about this solution in the future? Tell them they are responsible for full pay, but it allows them to book you at a future date whithin one year? It works for the airlines!


I don't much care for this scenario because the client may put off the date for a week which means that you booked two days for one fee and you have possibly lost booking a larger gig.
nucinud
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New York, New York
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In my area, when something like this happens, we try to find some one to fill in.
This way at least the client is taken care of. You don't make as much money, but you make more friends.
"We are what we pretend to be" Kurt Vonnegut, jr.



Now U C It Now U Don't

Harry Mandel

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Jim Snack
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I am not a lawyer and I am not giving legal advice, but here are some examples of cancellation clauses I have seen:

Cancellation of an engagement causes loss of income that cannot be recaptured. Therefore, if the client cancels this agreement and the date is not resold, the following scheduled percentage of the fee will be charged from the time written notification is received at the offices of _________:
0-10 working days prior to the scheduled engagement = 100% of fee
11-20 working days prior to the scheduled engagement = 75% of fee
21-30 working days prior to the scheduled engagement = 50% of fee

Here's what I usually use:

"Cancellation: If CLIENT cancels agreed services within 60 days before the date of services, PRESENTER will be paid a minimum of one-half its agreed fee, and may retain any deposits received from sponsor. If CLIENT cancels agreed services within 30 days of such engagement, PRESENTER will be paid the agreed fee in full."

In my contract, I only specify what happens if the client wants to cancel. You could also include a line that says:

“In the event the PERFORMER needs to cancel due to ill health or for any other reason, the PERFORMER agrees to return any deposits received.”

I’ll leave that decision up to you.

Hope that helps.

Jim
Jim Snack

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Bob Sanders
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Magic Valley Ranch, Clanton, Alabama
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A trick worth noting in Jim's date schedule is that these are "working days". That is different from just "days". It helps when the contract defines "working days" but it can be used to create the 5-day week and make weekends not count as notice. (A four week notice could only be 20 working days notice.)

The problem for professional entertainers is that the weekends are frequently the prime "working days". Plan ahead!

Bob Sanders
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MAKMagic
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I got banned for one of my
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Quote:
On 2007-11-26 02:49, SoCalPro wrote:
I think this may have been covered a couple of weeks ago but I think this situation is a bit different.

A client booked me in August to do 2 separate dates in December (Friday nights). The total fee was $1000.000 for the 2 dates. I have a signed performance agreement and a $50.00 deposit. She calls me tonight and tells me that she has changed her parties to the Saturday's (after the Friday's that she booked me). I tell her that this puts me in a bit of a pickle since I booked her on those dates and I have turned down shows since then. Not only that but the dates she wants to move her parties to, I am totally booked up on. She tells me that if I am not available, she'll have to cancel my performances.

It took her 4 months to decide that she wanted to change the dates????

Here is my game plan.

1. Offer to come later in the night (which I know she won't go for).

2. Let her know that my performance agreement says "pay or play" and she did sign it.

3. Offer a resolution of 50% of the total amount due.

and the very last option......

4. We'll let the court decide this. I REALLY don't wanna have to do this as I am generally a nice guy.

I know what a couple of you think... "no, don't take her to court, you'll burn bridges that way... play nice".

Forget that!!!! She had 4 months to change her mind but she called me at almost the last minute. If she would have called me right away, I would have probably had no problem changing dates. Playing nice at this point is not an option. This is not fair to me, I just lost $1000.00 in a 1 minute phone conversation.

How would YOU guys handle this?

JIM


Heya Jim - if you can't perform for her on the dates she wants to move it to because you have it booked and she signed a contract for it then I say your in your right to make her pay.

If it were myself - I PROBABLY wouldn't take her to court if I didn't perform - but I don't know 1000$ is a lot to lose a Christmas time and from what you say your *** is covered and you WOULD win in court.

The main factor contributing to me not persuing matters further is that I require a NON-REFUNDABLE 30% deposit along with the contract. If I was happy with the 300$ for getting screwed I'd let it lie - if not - then Here come the Judge
.:Michael Kelley
<BR>www.RandomActsofEntertainment.com
On the Level, By the Square
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