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Billy Diamond New user Harrisburg, Pennsylvania 24 Posts |
Wow. Where do we go with this? Contracts. Very crucial.
If you take your business seriously and you want those that book you to also take you seriously, you better have one. We have multiple contracts depending on our venue/show. (i.e., church show, school assemblies, etc.) Ours is a lengthy five pages that covers everything from contact info to technical needs. It is broken down into several categories. Most promoters do not balk at this contract as we are dealing with sizable events. Of course if you are doing a birthday party show (don’t be without a contract there either) just keep it simple, say 1 page. Although our contract is lengthy it is things we must cover and doesn’t become my pampered wish list. Don’t make that mistake unless you’re Copperfield. _________________ Billy Diamond Extreme Reality Illusions Creators and Builders of magic and illusion |
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Steve Brooks Founder / Manager Northern California - United States 3780 Posts |
I agree Billy. Contracts are the only way to go. I’ve met magicians who thought contracts for small shows or parties were a waste of time. Wrong answer!
At the very least, a contract will show your clients your a real pro, and guarantees them you WILL be there! I always mail my clients a "copy" of the contract about a week before the event I’m expected to perform at, this has always worked well for me. _________________ Life is not a problem to be solved... but a mystery to be lived.
"Always be you because nobody else can" - Steve Brooks
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Steve Varro Regular user Nashville TN. 116 Posts |
Contracts are very necessary in today's world. In most cases, verbal agreements are not worth the paper they are (not) written on. Or something like that!
Allow me to offer one suggestion. It’s free and worth every bit of the cost! There are many people who fear signing a "Contract", as a result, use the term "Performance Agreement" I’ve never had anyone refuse to sign one. In HIS service, Steve Varro International FCM President
STILL In HIS service
Steve Varro International President of FCM Owner/Dock Haley Gospel Magic Co. |
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Steve Brooks Founder / Manager Northern California - United States 3780 Posts |
That’s an excellent idea Steve.
Thanx!
"Always be you because nobody else can" - Steve Brooks
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Randy Charach New user Randy Charach 6 Posts |
"A verbal contract isn’t worth the paper it’s written on." Samuel Goldwyn.
I suggest that all your agreements be made in writing, for several reasons. When booking your shows you must confirm the details in writing with a contract or letter of agreement. This will clear up any misunderstanding or miscommunication regarding details pertaining to your appearance. Perhaps the person who booked you said January 5th. If you thought the person said January 6th, you’re in big trouble. Or perhaps they said January 6th but meant to say, and thought they said, January 5th. You’re still in big trouble. Simple miscommunication on your part, or the part of the person booking you will damage your business in a multitude of ways. It will damage your reputation, cost you far more money than the loss from that one booking, and it will certainly do harm to your psyche. One simple, avoidable error can cause this. This example is just one of many potential miscommunications that can be avoided by confirming every detail in writing. Do you think it is fair that your business suffer even if the mistake is someone else’s? If you have systems in place, as discussed in a previous lesson, most of these situations will not occur. Accept responsibility for running a business that makes it easy for your customers to do business with you. That includes setting up systems designed to catch potential errors during every stage of the transaction. What if you do everything right and they still mess up? For example, they don’t read your agreement. First of all, get in the habit of blending several forms of verification of details during communication and there will be few or no problems. Okay, if something goes wrong anyway, be a mensch (basic translation: a generous and kind person): Make people happy and your rewards will return to you tenfold. I have always used and continue to use a simple one-page invoice/contract that is faxed immediately to the client on confirmation of the booking. One page should be sufficient to sum up your requirements and the details of the engagement while also acting as a bill for your services. I do not have them sign the agreement; instead, they are required to send either full or partial payment upon receipt. Payment signifies their agreement and acknowledgement of the details. Depending on the length of time prior to the event of the date, I currently request either 50% or 100% of my fee in advance. When my fee was in the several-hundred-dollar range rather than several thousand dollars, I always requested 100% in advance regardless of when the show was booked in relation to the actual booking date. Now it is 50% to secure the booking and the balance either one week before the show date or at the event itself. Even though these are my terms, I often receive the full amount in advance from repeat customers. It is one of the many ways they express their appreciation for my service. Conversely, on rare occasions, a company will prefer to pay a smaller than 50% deposit and that is usually okay with me too. What you do will depend on your fee, your market, and what makes you comfortable. (This was an excerpt from my new book: "Secrets of a Millionaire Magician") _________________ ==> Get your free "7 Day Marketing Course" by sending a blank email to: marketingmagic@aweber.com ==> Boost Your Bookings and Increase Your Income at http://www.millionairemagician.com
Randy Charach
http://www.IncomeMarketing.com |
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Steve Brooks Founder / Manager Northern California - United States 3780 Posts |
Thanks for the great information Randy, I'm sure your input will be a big help to many of our diners!
"Always be you because nobody else can" - Steve Brooks
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Peter Marucci Inner circle 5389 Posts |
Steve Varro’s suggestion is a great one: I’ve been using "performance agreements" for years; "contract" tends to frighten people off.
BTW: "A verbal contract isn’t worth the paper it’s written on." Samuel Goldwyn. All contracts are verbal; what Goldwyn meant was oral. cheers, Peter Marucci |
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Cliff New user Warrington, England. 73 Posts |
To get past the fear of the word "contract", I tend to send a "Letter of Confirmation" and have them sign it if all the details are correct. They know it’s a contract but it appears more friendly.
_________________ All the best Cliff
All the best
Cliff |
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corpmagi Special user New York 725 Posts |
Many performers, especially busy kid show performers, tend not to send out formal contracts because they don't want to be bogged down with a lot of paper work. One solution I suggested to a friend of mine was to have a simple postcard printed up with a few fill in the blank spaces and a couple of check boxes that would confirm all of the details. This could be filled out as you speak on the phone with the client and then sent out. The client would then sign the postcard and put the whole card in an envelope with a deposit. Very simple and fewer last minute cancellations.
A Modern Trade Show Handbook
www.trafficstoppers.com/handbook |
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Scott Wells Inner circle Houston, TX 1025 Posts |
I have used a one page contract for decades. I think people respond better to a shorter agreement (not so much to read and they don't feel like they have to "read between the lines") I also think it should be written in short, understandable, layman's language.
Here's what mine says: PERFORMANCE AGREEMENT BETWEEN SCOTT WELLS, (MAILING ADDRESS) hereinafter referred to as the PERFORMER, and CLIENT's NAME, CLIENT'S ADDRESS, hereinafter referred to as the SPONSOR, and dated this ___ day of ___________, 200_. The PERFORMER, in consideration of (SPELL OUT DOLLAR AMOUNT) dollars (HERE USE NUMERICAL DOLLAR AMOUNT $_____.00), to be paid by the SPONSOR in the manner hereinafter described, agrees to provide the following magic performance: DESCRIPTION: A performance of magic effects including audience participation with comedy (OR WHATEVER YOUR SHOW WILL INCLUDE-STATE HERE IF IT WILL INCLUDE STAGE ILLUSIONS OR CLOSE-UP) SPECIAL REQUIREMENTS: (NAME ANYTHING THAT YOU WILL NEED-I.E. STAGE SIZE, LIGHTS, SOUND, ETC. IF YOU DON'T BRING YOU OWN) LOCATION OF SHOW: (ADDRESS OF VENUE - Also ask for directions if you need them) PERFORMANCE DATE: (Day(s) of the week and date) PROGRAM LENGTH: (Length of your performance) REPORT TIME: (When you will get there-Make it early so client knows you're there) SHOW TIME: (When you're supposed to start) EVENT: (Name of event-banquet, other celebration, etc...) It is expressly understood that the PERFORMER is an independent contractor, that he is not an employee of the SPONSOR, and that the PERFORMER is responsible for the payment of all-applicable state and federal taxes on the consideration received for his performance. The PERFORMER shall have the exclusive control over the means, method and details of fulfilling his obligation under this agreement, except for the performance time and length of act. It is understood that the performance is an audience participation program, and that unless specific arrangements are made to the contrary, the actual length of the performance may vary from show to show by a period not to exceed ten (10) minutes. It is further understood that this is a personal performance agreement and cannot be assigned to third parties without the express permission of both parties to this agreement. The SPONSOR agrees to pay the PERFORMER the above consideration at the conclusion of the performance on the above stated date. If the magic performance is canceled or postponed for any reason by, or on behalf of, SPONSOR, then SPONSOR will still be liable for payment in full (100%) of the consideration provided for herein. In such event, SPONSOR will make this payment to PERFORMER within ten (10) working days following the date of the scheduled performance. This agreement shall be interpreted and enforceable under the laws of the State of Texas. THEN HAVE SIGNATORY LINES FOR BOTH YOU AND THE CLIENT Let me also state that I am not an attorney nor am I giving advice that should be construed to be a recommendation for everyone to use. I will not be liable for the use or misuse of this contract. I'm just stating that this is what I have used and have found successful for most of my performances. Although this is my contract I use it for my proprietary clients, I also have an additional paragraph I include as part of my standard for everyone else, particularly during the holiday season. I add an "END TIME" to the contract which is about a half hour past the time I expect to complete the show. In the event that the show is delayed due to any reason (such as the client's dinner starts late, cocktail hour goes on for two hours, awards handed out before my show and takes longer than expected, President gives long speech, etc.) then I charge a fee by the quarter hour for every increment that I am delayed past the END TIME. This is important because throughout the holiday season I am often going from one show to the next and I can't be late. Anyway, I hope this is helpful. yours, Scott
"A magician who isn't working is only fooling himself." - Scott Wells, M.I.M.C. with Gold Star
The Magic Word podcast: http://themagicwordpodcast.com Listen to convention coverage, interviews with magicians, pictures, videos and more. Magic Inspirations website for all things Banachek: www.magicinspirations.net |
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Rob Wallis New user The Other California 73 Posts |
I highly recommend Scott Guinn's article, which you can find here:
here
Tig Wallis
The Comic Psychic |
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Scott Wells Inner circle Houston, TX 1025 Posts |
Wow!
I just went to Scott Guinn's site re: contracts and I think he's covered about every question anyone might ever ask. From one Scott to another, thanks. Yours, Scott
"A magician who isn't working is only fooling himself." - Scott Wells, M.I.M.C. with Gold Star
The Magic Word podcast: http://themagicwordpodcast.com Listen to convention coverage, interviews with magicians, pictures, videos and more. Magic Inspirations website for all things Banachek: www.magicinspirations.net |
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Mike Robbins Elite user Anchorage, Alaska 447 Posts |
Here's a couple things I do that I haven't seen written so far:
1. I require a 50% deposit be sent back with the contract. The contract has a cancellation clause that says if they cancel within 30 days of the show, they owe me 50%. That way I don't have to try to collect that - I've already got it! 2. I never do a free show (well, kinda). I do several shows a year for bona fide charities that I wish to support. They get a contract with the full amount, just like everyone else. But I add a line in: "The $XXX fee will be waived if a letter of recommendation on organization letterhead is received within 30 days of the performance date." I don't require the 50% up front for these shows. So they get a "free" show that they could readily see the value of and I can feel good about helping out, plus get a nice letter for marketing. Mike
The fool doth think he is wise, but the wise man knows himself to be a fool.
Shakespeare |
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mr.t.ricks New user CARDIFF SOUTH WALES 43 Posts |
Hi,
I have always sent a confirmation note to my clients a few days after they make the booking, this lays out all the details, time, date, venue, fee, and show. Also terms for cancellations with a note. Please check that all the above details are correct. I always take my copy with me when I do the show as a reference. I also use a booking form and fill it in when they are on the phone. This system will create more paper work but it's worth it and it works for me. mr.t.ricks
regards to all
MR.T.RICKS |
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Shadow Regular user Akron, OH 171 Posts |
See Jim Kleefeld's book on contracts.
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ldl1017 Elite user 476 Posts |
I have been thinking about going to email for my contracts. A good friend currently uses this and swears by it. He has eliminated all postage and says that email is now legally binding. What are some thoughts?
“I am, as I've said, merely competent. But in an age of incompetence, that makes me extraordinary.”
Billy Joel |
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Thoughtreader Inner circle Calgary, Alberta, Canada 1565 Posts |
Electronic forms can be altered. I would stick with paper for mine, although such things as faxes can be used for serving legal documents now.
My book "Can you keep a secret?" has a three page contract in it (to be copied and used by the purchasers) that was drawn up by an entertainment contract specialist, it is simple, direct and will fill the needs for most performers and is the one we have used for some time with no problems. PSIncerely Yours, Paul Alberstat |
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The Village Idiots Elite user Orlando 464 Posts |
I call mine a "Reservation Agreement"
Telling the client this will confirm their date and I will lock it in for them. I also include a self addressed envelope with my addy on it so all they have to do is sign it, stick it in the envelope and mail it back to me. A little more paper work yes, avoiding a big embarssing moment makes it all worth while. Always get 50 percent down. This will cut out all cancelations. Sillily, Will
Some are born idiots.
Some are made idiots. Some have idiocy thrust upon them. |
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Mike Robbins Elite user Anchorage, Alaska 447 Posts |
In addition to this, make sure your contract/letter/etc specifies that you get paid 50% in case of cancellation by the client within XX days of the show. This way you basically just keep the deposit in case of client cancellation.
Mike
The fool doth think he is wise, but the wise man knows himself to be a fool.
Shakespeare |
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Allan Elite user 405 Posts |
I am in agreement with everything said before this post. I would however like to add a few extra points. Along with taking along the contract for the show. Always have a copy of the deposit check. Every so often, someone will state that they sent a larger deposit than was actually sent (honest mistake). Having a copy of the check will clear up the problem.
Call the week of the show to verify all the details. If things have changed, this is the right time to find out. It would be terrible to find out that the time-table or other details were changed & you were never informed. Every once in a while people don't want to sign the contact. I usually tell them to read the contract & assure them that they will see that it does not favor either one of us. It simply gives the details so that there will not be any misunderstanding. It simply states what is expected of me & what is expected of them. I have only had one time that someone still would not sign. At that point, I told them that I was sorry, but I would not be able to accept the booking. I wished them well on their event. The next day they called back & requested the contract. I would never reserve a date in advance without a contract unless I am paid in full, in advance. |
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