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#148791 - 03/31/03 05:54 AM
Contract? I don't need no stinking contract...
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Senior Member
Registered: 12/08/02
Posts: 15560
Loc: Forest Hill, MD USA
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I was talking to a friend last night that was upset that a job he booked several weeks ago with nothing more than a handshake, was given to another group. He arrived at the job only to find that another band was already set up and had a contract in hand from the organization. My friend did not have a contract, and had to walk away. How many of you out there play private parties without first sending a contract and getting a deposit? And how good is that contract? The folling is a copy of the one I've used for the past several years, and I have never had a problem with it. A couple legal beagles looked at it and said it was as good as they come. If anyone on the forum wishes to use the same format, feel free. CONTRACTUAL AGREEMENT TRAVLIN' EASY PRODUCTIONS 100 XXXXXXXXXX Rd. XXXXXXX, MD (410)555-5555
This agreement is made effective as of March 28, 2003, by and between Ms John doe, 39 Main Street, Anywhere, MD 00001, Representing the Gulf War Veterans Association, and Gary Diamond, of Travlin' Easy Productions, 100 XXXXXX Road, Anywhere, MD 21000.
A. Ms John Doe/Gulf War Veteran Association desires to employ the musical services of Travlin' Easy Productions (Gary Diamond).
Therefore the parties agree on the following:
1. Travlin' Easy Productions shall provide to Ms John Doe the following services: One (1), four-hour musical performance on Sunday, June 22, 2003, at a time to be determined by contractor at least 30 days prior to performance.
2. Travlin' Easy Productions agrees to perform faithfully, professionally and to the best ability, experience and talents, all of the duties that may be required by the express and implicit terms of the this Agreement. Such duties shall be provided at the residence of Mr James Doe, Smith Road, Anyplace, Maryland 00001.
3. Compensation: As compensation for the services provided by Travlin' Easy Productions (Gary Diamond) under this agreement, Ms John Doe will pay Travlin' Easy Productions (Gary Diamond) the sum of $200. A deposit of $100 shall be paid to Travlin' Easy Productions at least 30 days in advance of the performance. The balance of the compensation, $100, shall be paid on the date of performance.
4. Reimbursement for additional expenses: None required
5. Term/Termination. This agreement may be terminated by either party up to 15 days prior to the performance without penalty. No refunds will be made after that date.
6. Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States Mail, Postage Paid, addressed as follows:
Contractor: Ms John Doe Town of Bel Air 39 Main Street Anywhere, Maryland 20000
Service Provider: Travlin' Easy Productions C/O Gary Diamond XXXXXXXXXX Anyplace, MD 2XXXXX (410)555-5555
7. Entire Agreement. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This agreement supersedes any prior written or oral agreements between the parties.
8. Amendments. This Agreement may be modified or amended, if the amendment is made in writing and signed by both parties at least 15 days prior to the performance. No modifications may be made after that date.
9. Severability. If any provisions of the Agreement shall be held invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provisions it would become valid or enforceable, then such provisions shall be deemed to be written, construed, and enforced as so limited.
10. Waiver of Contractual Right. The failure of either party to enforce any provisions of this agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this agreement.
11. Special considerations for outdoor performances. The Contractor shall provide adequate shelter to protect the Service Provider and the Service Provider's Equipment from: direct sunlight, rain, snow and winds in excess of 10 miles per hour. This can be in the form of a tent, tent/shelter, pavilion or covered stage area that is completely waterproof. If outdoor temperatures exceed 85 degrees f., the performer(s) attire may be modified to accomodate climatic conditions.
12. Electrical Power Requirements. A single, 20-ampere outlet is required to operate the musical equipment and amplifiers(s). This out must be a standard, 110-volt, grounded receptacle that is located within 25 feet of the performance site. If an extension cored is required, it must be a grounded, heavy-duty cable constructed from 12 gauge or heavier wire.
13. Applicable Law. This Agreement shall be governed by the laws of the State of Maryland.
By: __________________________________Date________________ Ms John Doe (Gulf War Veterans Association)
By:___________________________________Date________________ Gary Diamond Travlin' Easy Productions
Cheers,
Gary
_________________________
PSR-S950, TC Helicon Harmony-M, Digitech VR, Samson Q7, Sennheiser E855, Custom Console, and lots of other silly stuff!
K+E=W (Knowledge Plus Experience = Wisdom.)
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#148793 - 03/31/03 08:24 AM
Re: Contract? I don't need no stinking contract...
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Senior Member
Registered: 12/08/02
Posts: 15560
Loc: Forest Hill, MD USA
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I have since modified my contracts to a 90 day cancellation and refund policy, however, I like the section you use about the behavior of guests and equipment damage. Could you post the information verbatum so other forum members can copy it into their contracts.
Thanks,
Gary
_________________________
PSR-S950, TC Helicon Harmony-M, Digitech VR, Samson Q7, Sennheiser E855, Custom Console, and lots of other silly stuff!
K+E=W (Knowledge Plus Experience = Wisdom.)
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#148794 - 03/31/03 09:20 AM
Re: Contract? I don't need no stinking contract...
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Senior Member
Registered: 09/09/02
Posts: 2204
Loc: Florida, USA
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Provisions in contracts can vary depending on customs within different areas of the country, how established the artists is, supply and demand and numerous other factors.
When I first started using contracts I met with reluctance...but as time went on and employers realized it was really an agreement as to what is expected of both parties, they liked the idea of a contract.
In the majority of cases I supply the contract. When I work under the employer's contract I often have to add a provision or two, just to keep things on an equal par and fair.
Realistically, most of my bookings are made anywhere from 3 months to two years in advance. Consequently I give them the opportunity to opt out, at half the fee, between date of signing and 90 days prior to the job...with the exception of New Years Eve, which is non-cancellable from the get go.
If cancelled during the 90 days prior to the job, they are responsible for 100% of the fee. In the last ten years, I have only had to enforce that once...and that was because the venue changed the date without telling me. They balked, but settled without litigation.
In the interest of fairness I have made an occasional exception. A kitchen fire forced the closing of one club during the time I was to play there. I did not hold them to the contract in that instance.
Regarding liability to patrons: One club I work has a stage that sits 3 1/2 feet above the dance floor with removable steps to access the stage. Patrons have often tried to get on stage to make requests, announce birthdays, etc. and found getting on and off stage treacherous. One such patron tripped on a mic wire once, and I had to put a clause in the contract saying I could not be held responsible for anyone on stage but myself.
Eddie
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#148799 - 03/31/03 04:06 PM
Re: Contract? I don't need no stinking contract...
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Senior Member
Registered: 12/08/02
Posts: 15560
Loc: Forest Hill, MD USA
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I lost three this winter to snow, however, I was able to rebook all three at a later date that was convienent to both the client and my self. It's interesting to see the different clauses in various contracts. One of the main reasons I posted this was go get input and opinions from everyone on the forum that plays for a living. I sincerely believe that everyone can benefit from this type of exchange.
Thanks everyone,
Gary
P.S. I'll print a copy of this for my friend who was stiffed last weekend.
_________________________
PSR-S950, TC Helicon Harmony-M, Digitech VR, Samson Q7, Sennheiser E855, Custom Console, and lots of other silly stuff!
K+E=W (Knowledge Plus Experience = Wisdom.)
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