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Old 03-27-02, 10:16 PM   #21
Stretch
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I concur. I have a July 4th gig, and every year the client sends me a $200 deposit in April.

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Old 03-28-02, 11:36 AM   #22
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On business with friends;
When good friends make bad contracts it's a real piss-me-off.
I've been a victim of this scenario enough (3) times that now I generally refuse to take a gig w/ some certain mr. X's unless I am the sole negotiator with the client.This has definitely saved some friendships from Armageddon. I've definitely learned that cheap/free gigs beget ONLY more cheap/free gigs.So don't go there, baby.

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Old 03-30-02, 06:24 AM   #23
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Hive Queen, good idea. I had an experience with one of the resaurants I busk at. They pay me a fee plus I get tips. Well one week they suddenly cancelled me without any reason so I sent them an invoice for 2 weeks fees, stating that a 2 week notice was required from each of us to the other on cancellations.

A month later I got the check for the two weeks. Also found out why I was cancelled. The business went bankrupt chapter 11, I was lucky to get any money from them at all.
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Old 03-31-02, 04:04 AM   #24
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sorry to change the subject but Milford? that didn't always say Milford. that is right down the street on 275 from frack. maybe could get a coney some time and talk business. but sorry get back to the ethics now. yep yep frack attack.
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Old 09-06-03, 02:41 PM   #25
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Our kill fee is 100% of the contracted fee so long as we haven't violated our part of the contract, which is in fair detail, if the client cancels the contract within 3 weeks of the performance date. Most spots aren't going to book us 3 weeks in advance or less, so we consider that to be our loss-of-booking-date period of time.

Granted, we've only been doing this thing for a few years, but we've never had a client blink at a 100% kill fee.

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Old 04-04-07, 01:32 PM   #26
Irina
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Thanks for KILL fee idea! What's the legal term for it - cancellation fee??
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Old 04-04-07, 03:35 PM   #27
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Default Kill fees

In my contract, the client is liable for the full amount from the signing date of the contract. I have had some clients request a cancellation clause, which I will write at 30 days notice they owe 50%. Basically, I seldom book anything at less than 30 days, so at that point, they have purchased my time and it can't be resold.

I agree about getting clients to sign contracts quickly! Often very important to avoid mind-changing.
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Old 04-05-07, 05:11 PM   #28
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This is very smart. If you gave your word to do the gig - you can't accept any other offers for these dates, and you have to pay for transportation and supplies, so they should be liable for cancelling. But I guess it only works or corporate events with a signed contracts - I had birthday parties cancelled at the last moment and never got a dime..
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Old 04-06-07, 11:10 AM   #29
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Default Contracts - not just for corporate

A long time ago, I pretty much worked without a contract unless the client wanted one. Now, even a "birthday party" or tiny event gets a contract from me.

I STRONGLY urge everyone to use contracts ALL THE TIME. If the idea of a big scary contract is going to frighten off your smaller client (and some people it does) develop a single-page "Letter of Agreement" that covers what you are going to do, when and where, and how much you are to be paid.

For big clients, I say "do you want to send me a contract or shall I send you one?" For little clients, I say "OK, great, I'll just pop a contract into the mail and we'll be set." For tiny, tiny clients, I say "OK, I'm going to send you a letter of agreement just so everything's clear."

Beyond just getting your money - and that's very important - contracts also protect you legally - they establish that you have a right to be there and the client has asked you to be there.

Stuff everyone may already know:

Your contract should contain -
--What you'll do
--Where and when
--Length of performances/appearance and what activities will happen (I've shown up at gigs and had people say, "Oh, we didn't know you'd be doing fire!")
--How much you get paid and when (usually at completion of event), and to whom the check gets made out. (I kept getting checks made out to my company name before I had a bank account in that name and couldn't cash them)
--Liability language, usually stating that you're not liable if anything bad happens to an audience member

You can also add in things like your home state having jurisdiction in case you have to sue for your money, you agreeing not to be drunk or high (reassures the client), release for them to use pictures and video of you to promote the event, and any sort of cancellation clause you want. Mine says that if I don't show, I don't get paid, but it also says that the client is not released from paying me unless there's an Act of God that cancels the event.

I also add a page of technical rider, that has stuff like the ceiling clearance I need, the load-in space, that I get parking, and then all the amenities I want (not all gigs give me all of them). There's stuff that's nice to have, like fruit and snacks, stuff that the gig must provide, like hotel and a dressing room, and stuff we've learned is needed from experience - like a sign on the dressing room door that says "please knock" and like specifying that the dressing room has to have a clean floor! You'd think it would be obvious...but it's not.
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Old 04-06-07, 05:04 PM   #30
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i think that's the single most helpful (and un-scarifying) brief on contracts i've ever read.
thanks for that post.
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Old 04-07-07, 01:45 AM   #31
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Default liability

Mostly all good pointers.
<<<--Liability language, usually stating that you're not liable if anything bad happens to an audience member>>>

You can mention in your contract that if something happens to someone involved in your show that you the performer are not liable...
That will probably NOT hold up in a court if you were sued.

make sure you have liability insurance for your performances. List the venue as additional insured, also make sure the venue has you listed on their insurance policy as additional insured.
Most big gigs have their own liability coverage that you are automatically included on.
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Old 04-07-07, 02:22 PM   #32
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Default Insurance

Good point, Frisbee - and in fact, in the United States, you generally cannot sign away your right to sue. Every release you ever sign is fundamentally meaningless in terms of actually suing someone who has caused you harm; the release is merely legal backup that shows you know there is a risk.

About 1 out of every 20 of my clients asks me to cross out my liability language or modify it in keeping with what their attorney recommends. I don't feel that this hurts me, because in the (hopefully unlikely) event of something happening, the victim will be suing the deep corporate pockets of my employer, not the street performer.

I recommend Clowns of the US (www.clownsoftheus.com) for insurance - and it's renewal time of year, too, as they ONLY start policies in April/May - you can buy it any time, but you have to renew in April/May each year no matter when you bought. It's about $185, you get unlimited certificates of additional insured, and they are great about faxing certificates at the last minute when your client loses the paperwork.

They cover fire performers and aerialists as well as all kinds of street performers and variety acts.
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