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

I use a somewhat simpler invoice/contract that works. I don't know what kind of window you need but that 15-day termination clause by either party would not work for me. I book weeks and months in advance so once I get the deposit the deal is done and termination isn't an option. I always get a deposit and contract on private gigs and/or any new employers. The clubs I deal with today are only ones I've worked with for years so I don't need a contract with them, but I have been thankful for contracts in the past. I once signed a contract for six weeks with a new club only to have them cancel the week before the engagement was to start and I successfully sued them for every penny. Also I recently added a clause that employers are resonsible for the behaviour of their guests and any damage caused to my equipment is covered for full replacement costs within five days of the event.

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

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

Gary: an addendum to my contract reads:

SPECIAL CONDITIONS: Purchaser of services is fully responsible for the attendees and guests of this event. Any property or personal damages suffered by Entertainer while under contract is agreed to be the financial responsibility of the Purchaser. Property damage terms is agreed to be full replacement within five days of event.

[This message has been edited by The Pro (edited 03-31-2003).]

What clause or termanology do you use in your contracts regarding deposits or payments for lets say a cancelation on a job ON the day of the event due to SNOW or an outdoor job due to Rain....or halfway thru a gig it starts Raining cancelling the event.

[This message has been edited by Dnj (edited 03-31-2003).]

"The Purchaser of Services is required to provide adequate shelter from any weather-related incidents which might otherwise interfere with the execution of this contract."

I have never had a gig cancelled due to weather, but in such a case I would likely negotiate with the person who booked me for settlement.

I had 5 gigs cancelled sinced January due to Snow and Icy conditions alone this year.
I have had others thru the years cancelled the day of the event and During the event due to thunderstorms, excessive heat, etc.
I just refere to my contract, a cancelation for any reason 60days before 50% payment, within 30 days 100% payment. This is a must when Im holding dates 2 years in advance.

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.

Donny,
With all the senior crowds you deal with, snow will always be an issue, but that's no reason why you can't get the money anyway .... or at least a replacement booking. Being old doesn't exempt you from legality.

Dave,

I didn't say I didn't get paid, just that some gigs were cancelled. But when you can't open your business due to bad Snow/Ice like we had, and no one will drive to my Club to dance you cannot recoup a few major losses like that. That's is partially what I was referering too, legalities or not.

In that case ... YOU're the one who cancelled the date! You never opened the club. All those poor, lonely, blue haired ladies .... waiting to dance. It maks me sad to think of it.

Dave,

They wont even drive when the SUN is out during the day........and you want them to drive in a Snow storm at night!!!
Bottom line is No people.....No money!!!


PS I hope your ready for breakfast.....
here I come!

[This message has been edited by Dnj (edited 04-01-2003).]

Where are you guys? Breakfast is getting cold! I'm buying!........"April fool[s]