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Dance Factory
24-05-2006, 03:36 PM
Hi chaps,

One of my customers wants to cross out a clause in my contract because he does not agree with it the clause reads,

"In the event of any damage or loss of equipment or material provided by the Artist for the purpose of performance by persons on the premises the Client shall be liable to pay IN FULL the repair or replacement costs of equipment and the hire of necessary Equipment or material during replacement time and to compensate any loss of work due to the damaged/lost Equipment .

6. In the event that the booked Artiste is unable to attend personally the Booking Agent / Artiste shall endeavour to provide a substitute. Should the Booking Agent be unable to supply any substitute then the Artist shall become liable to compensate the Client for loss of revenue up to an amount not exceeding the Artists fee for that missed date

What would you guys do as I have never faced this before

hotangel
24-05-2006, 03:39 PM
put the price up sky high to cover costs.

only reason it looks like he wants to cross it out is to give his guests the right to smash everything to bits.

reemicks disco
24-05-2006, 03:42 PM
Dont think i would have anything to do with them, the contract seems fair enough to me. We have the same thing in ours.

Corabar Entertainment
24-05-2006, 04:03 PM
I agree that you should stand your ground - they are perfectly reasonable
"In the event of any damage or loss of equipment or material provided by the Artist for the purpose of performance by persons on the premises the Client shall be liable to pay IN FULL the repair or replacement costs of equipment and the hire of necessary Equipment or material during replacement time and to compensate any loss of work due to the damaged/lost Equipment .So what do they want instead? The right to wreck your equipment without any comeback?


6. In the event that the booked Artiste is unable to attend personally the Booking Agent / Artiste shall endeavour to provide a substitute. Should the Booking Agent be unable to supply any substitute then the Artist shall become liable to compensate the Client for loss of revenue up to an amount not exceeding the Artists fee for that missed date So again, what do they want instead? What happens if (God forbid) something serious happened to you on the day?

Both are standard clauses in contracts - not just for DJs

Ricesnaps
24-05-2006, 04:07 PM
Agree with all that has been said - we have the same or similar clauses and have had no problems. It really does sound like potential trouble. Out of interest, what type of event is it?

Wolfie
24-05-2006, 04:29 PM
if it was me i'd tell them to agree to the terms, failing that they can go away in short & jerky movements.

if they won't agree to your terms, why should you agree to theirs & more importantly, if they start crossing out things, then you never what they may try to get out of next. if the contract has bits crossed out & they have signed it, then that makes the whole contract void, not just that one section, so if the wheels fall off you may get no payment as the contract is null & void.

Corabar Entertainment
24-05-2006, 04:35 PM
if the contract has bits crossed out & they have signed it, then that makes the whole contract void, not just that one section, so if the wheels fall off you may get no payment as the contract is null & void.Sorry Wolfie, that is incorrect. There is a presumption at law that all amendments are made prior to the making of the contract, but the best way to sa***uard any future arguments is to have both parties initial any crossings out / amenments in the margin. This is general legal practice accepted by all (including the Courts)

Wolfie
24-05-2006, 04:38 PM
Sorry Wolfie, that is incorrect. There is a presumption at law that all amendments are made prior to the making of the contract, but the best way to sa***uard any future arguments is to have both parties initial any crossings out / amenments in the margin. This is general legal practice accepted by all (including the Courts)

Agreed, however if one party doesn't agree on the terms & still goes ahead to do the work, then it gets a bit messy.....you can't have people making it up as they go along,

All contracts should be signed, then counter signed by both parties with a copy retained by the booker & the booked.

GrahamH
24-05-2006, 05:17 PM
Got to agree with what has been said so far. That is your contract to do the job. If the customer does not wish to abide by your contract then I would advise the customer to look elsewhere. At the end of the day... nothing is cheap to replace due to some person damaging it for whatever reason. Crossing out that clause puts everything back on you, and the customer doesn't have to worry about damage caused by his guest's.

CRAZY K
24-05-2006, 05:50 PM
I think the old chesnut is needed here---just say YOU ARE THE ONLY PERSON WHO HAS EVER QUERIED THIS--WHATS THE PROBLEM?

I think you will get to the bottom of it then quite quickly--DO NOT back down.

CRAZY K

Have a disco
24-05-2006, 06:10 PM
Im sorry my contract has much the same terms and conditions.. say as said above but do not say you will remove any part of your contract, if they don't like it they can go to dover (nice cliff to walk off there I hear) Tell them they are Industry Standard and are non negotiable whatso ever. Ask them If you borrowed their car and smashed it up what would they do about it?? they will soon back down

soundtracker
24-05-2006, 06:40 PM
Aren't we all confrontational! All that is required is a frank discussion with the client as to why there is a problem. Granted, you may at that stage decide that you don't want the business, but don't go in all guns blazing without knowing the facts.

colinm345
24-05-2006, 06:46 PM
Im sorry my contract has much the same terms and conditions.. say as said above but do not say you will remove any part of your contract, if they don't like it they can go to dover (nice cliff to walk off there I hear) Tell them they are Industry Standard and are non negotiable whatso ever. Ask them If you borrowed their car and smashed it up what would they do about it?? they will soon back down

Go to Dover PMSL :)

colinm345
24-05-2006, 06:46 PM
Aren't we all confrontational! All that is required is a frank discussion with the client as to why there is a problem. Granted, you may at that stage decide that you don't want the business, but don't go in all guns blazing without knowing the facts.

Seconded :)

Danno13
24-05-2006, 07:54 PM
I like the "industry standard" idea that someone mentioned. Not had anyone query similar clauses in my contract, but i think if it were to happen i'd explain that all professional DJs would require the same agreement.

ian8limelight
24-05-2006, 08:47 PM
I have similar clauses in my contract and have never had them questioned before. However, the other person is your client and it is only reasonable to find out why he/she doesn't agree with your contract as it stands. Dependant on what they say, depends on whether you take the job(s) or not; it's a judgement call but there is always two sides to a story.

Paul James Promotions
24-05-2006, 10:49 PM
I'd say they'd be lucky to find a DJ without a good contract such as yours. Be firm, tell them why that clause is there.

If they won't agree, I would be turning the work down.

eggie
24-05-2006, 11:36 PM
i have the same clause in my contract and ive even placed a copy of it on my website. I can say ive never had anyone question that clause.

As a few others have said i would speak to the client and discuss this before making any decision as to whether to take the job or not. at the end of the day it is YOUR decision as to whether you do the job, if you do and feel your equipment to be at risk then id stop the disco and start packing up!!! - ive done that a couple of times before where fights have started.

Corabar Entertainment
24-05-2006, 11:57 PM
Aren't we all confrontational! All that is required is a frank discussion with the client as to why there is a problem. Granted, you may at that stage decide that you don't want the business, but don't go in all guns blazing without knowing the facts.Agree completely - I think most people would explain / discuss rationally - it's just that on here we tend to cut to the end result - ie, put politely, we wouldn't accept the amendments :teeth:

Dance Factory
25-05-2006, 11:14 AM
Guys thanks for all the advice the event believe it or not is a wedding, the guy has taken weeks over deciding if he was going to book me or not and now starts this lark over contract.

I am prepared to walk away from the gig as one nights work is not worth loosing the rig I have worked for years to get.

Corabar Steve
25-05-2006, 12:12 PM
I am prepared to walk away from the gig as one nights work is not worth loosing the rig I have worked for years to get.I would ask why they want the clauses removed first, explaining why they're there in the first place. If the client is reasonable then they should accept your terms as they are, if they don't agree to the clause then walk away.

CRAZY K
25-05-2006, 12:21 PM
:sad: Some Wedding! :sad:

Maybe it will be featured later as " Fight of the week" do they still put that on? :teeth:

When I played in a Band I once did one in Burnt Oak (North London) where the groom and the best man started a fight halfway through the first half---

AND LIKE THE TITANIC SINKING--THE BAND PLAYED ON!!!!!!!!!!!!

Maybe its one of those! :sad: :sad: :sad:

CRAZY K

Wolfie
25-05-2006, 12:41 PM
call me a pessimist, but weddings & families often (not all thankfully) are a fight waiting to happen.

We all know what often happens when families get together, for example one cousin still holds a grudge for not being given his mower back when he lent it out & there are problems among brothers & sisters if one feels they deserve a bit bigger chunk of the will & there is the parent who hates the son/daughter's taste in partners..

... then when everyone has had a few sherbets people will start to lose any inner inhibitions they have so it makes a nice fight ****tail & the family wedding ends up more like the Royal Rumble, so there is always a good chance a family won't get together & all have a good time.

Alarm bells are certainly ringing here with this job.

Corabar Entertainment
25-05-2006, 12:57 PM
call me a pessimistIf you insist.......You're a pessimist :teeth: :teeth:

Corabar Steve
25-05-2006, 01:02 PM
Yeah, ya miserable git! :teeth: :teeth: :teeth:

CRAZY K
25-05-2006, 01:04 PM
Nope hes a REALIST!

I remember another Wedding I did in the 70s that got abandoned for exactly the reasons Wolfie mentions.

Back on the track here--this booking sounds trouble--hit the delete button!

CRAZY K

PureWeddingDJs
31-10-2012, 01:19 AM
I would say. all the guests were invited by you, so you should know they are all peaceable
people. so why should you worry about them damaging my equipment. or is there something
your not telling me?

Mark Wild
31-10-2012, 02:21 AM
This thread is 6 years old mate.

yourdj
31-10-2012, 07:27 AM
I am prepared to walk away from the gig as one nights work is not worth loosing the rig I have worked for years to get.

I did this this year for a £995 all day booking as the bloke wanted to change all my t&c's.
I just said "you know what, here is the direct website of the DJ I was going to supply, why not book him directly" in friendlier words.

The t&c's you have mentioned are standard, so i would say that (as has been mentioned) and explain the reasons.
Change them to "in the event of an illness we will not supply anyone else as thats now your job as you deleted this t&c" :p

Then if they do not agree just wish them well and they may come back to you when they see other similar DJ's have the same?

:)

Mark Wild
31-10-2012, 11:58 AM
Last time 'Dance Factory' was on here was 2008? :)

DazzyD
31-10-2012, 01:53 PM
This thread is 6 years old mate.


Last time 'Dance Factory' was on here was 2008? :)

Ever get the feeling you're wasting your time?? :shrug:

goldensounds83
12-08-2013, 12:08 AM
STANDARD CONTRACT!!! tell the customer he has a choice he agrees to your Terms and conditions in full or he finds another DJ the contracts are there to protect EVERYONE by removing this condition from your contract you are technically signing a waver that allows him, his guest or anyone to damage your equipment and expect no comebacks. Point out that your kit cost more than his car then ask him if he would like to sign a waver giving you permission to push it off a cliff and see what his answer is .

yourdj
12-08-2013, 01:51 AM
Edit - had a long night tonight ;) - Just as stupid as the last time I posted. ;)

Least i realised as per the poster above LOL.

DazzyD
12-08-2013, 01:50 PM
STANDARD CONTRACT!!! tell the customer he has a choice he agrees to your Terms and conditions in full or he finds another DJ the contracts are there to protect EVERYONE by removing this condition from your contract you are technically signing a waver that allows him, his guest or anyone to damage your equipment and expect no comebacks. Point out that your kit cost more than his car then ask him if he would like to sign a waver giving you permission to push it off a cliff and see what his answer is .

Once again, this thread is over 7 years old now!! You're giving advice to someone who hasn't been active on the forum for the last 5 years. I very much doubt he'll acknowledge your comments! ;)

Corabar Steve
13-08-2013, 09:10 AM
Once again, this thread is over 7 years old now!! You're giving advice to someone who hasn't been active on the forum for the last 5 years. I very much doubt he'll acknowledge your comments! ;)
Did you not notice the other long dead threads that got resurected at the same time. A classic case of post count upping

ukpartydj
13-08-2013, 09:15 AM
Didn't realise the forum was this old!

Excalibur
13-08-2013, 11:57 AM
Did you not notice the other long dead threads that got resurected at the same time. A classic case of post count upping

Well spotted, Miss Marple. Another case solved! :D

DazzyD
13-08-2013, 02:15 PM
Didn't realise the forum was this old!

Ah, the innocence and naivity of youth!! :D

goldensounds83
18-08-2013, 10:40 PM
Once again, this thread is over 7 years old now!! You're giving advice to someone who hasn't been active on the forum for the last 5 years. I very much doubt he'll acknowledge your comments!

I am sure he wont, but I didn't realise it was an old post when I commented also the advice I gave apply's to anyone who's customers want to make changes to their contract this one is for the people who are here and now in 2013 who are reading this post for some helpful advice ;)