Terms and Conditions

[jwpentgroup]

I've used the same set of terms and conditions since the launch of my company but just recently it has appeared there are a few loop holes in our contract.

Is there any set standard Terms and Conditions that mobile DJs can use? I was reading through Corabar's T&C's and there very good.

But i wouldnt want to upset anyone by using them without permission.

[Solitaire Events Ltd]

Have a looky here (http://www.mobilediscodirectory.co.uk/forums/article.php?a=25) Might be useful.

[Shaun]

Feel free to check out the templates (http://www.mobilediscodirectory.co.uk/forums/article.php?a=25) in our Dj Help Guides (http://www.mobilediscodirectory.co.uk/forums/article.php?c=4) section of the forum.

[Shaun]

Have a looky here (http://www.mobilediscodirectory.co.uk/forums/article.php?a=25) Might be useful.


great minds......

[Corabar Entertainment]

Is there any set standard Terms and Conditions that mobile DJs can use? I was reading through Corabar's T&C's and there very good.Thank you. Actually, I've been meaning to tweak them a little again! But it keeps slipping down the 'to do' list. However, I have no objections if you want to 'borrow' a few bits :teeth: :teeth:

[Have a disco]

have a look at mine they cover all eventualities like if you have to get another disco to cover your booking or you even have to get a band as well these are based on agency styled contracts and are water tight in a CCJ situation


TERMS AND CONDITIONS:

please make sure you read & fully understand these terms before hiring our services

1. THE ENGAGER AND ARTISTE BOTH AGREE THAT ANY SUBSEQUENT BOOKINGS BY THE MANAGEMENT/ENGAGER/VENUE OR OTHER AGENCY DIRECTLY OR INDIRECTLY MADE AS A RESULT OF THIS ENGAGEMENT SHALL INCUR A LIKE COMPENSATION AS IF IT HAD BEEN NEGOTIATED THROUGH XYOUR NAMEXX WHEN SUCH IS MADE WITHIN TWELVE MONTHS OF THE ABOVE PERFORMANCE DATE:

2. All Artistes are responsible for their own Public Liability, Equipment and National Insurance, Tax, Pension etc.

3. Please Note that whilst you are requested to sign and return this contract, failure to do so is not sufficient to cancel this contract or to disregard any of the terms and conditions contained within this contract. Therefore unless a written objection is received by this office within pm seven days from the date of issue the contract is assumed to be confirmed.

4. In the event of cancellation of this contract by the management/engager/venue a cancellation fee will be due as follows:-
(a) Between 60 - 90 days notice until performance date, 25% of total salary
(b) Between 45 - 59 days notice until performance date, 50% of total salary
(c) Between 30 - 44 days notice until performance date, 75% of total salary
(d) Less than 29 days notice until the performance date, Full Salary

5. In the event of cancellation or breach of contract by the artiste the artiste will be liable to XYOUR NAMEXX for the full commission fee on the total salary and the management/Engager/Venue may also require reimbursement for the total salary less commision to us.

6. The Artiste may request help in carrying equipment to or from the venue if the access to the performance area is not deemed to be of reasonable access. If help is not available then the artiste may refuse to perform at the venue for the Engager. The Engager will still be liable for the full performance salary.

7. XYOUR NAMEXX cannot be held responsible for any non-fulfillment of contracts by the Artiste, Management, Engager, Venue or any other agency but every reasonable effort to rectify the situation will be made.

8. Cheques will only be accepted by prior arrangement and must be accompanied by a cheque guarantee card

9. All bookings should be taken on the understanding that the venue is in possession of the necessary entertainment & liquor licenses. We are not responsible for their actions, if the venue is found to be in breach of the terms of their license or legal restrictions.

10. We reserve the right to alter any or all of the above at any time.

JUST NEEDS A SIGNATURE BOX BELOW AND YOUR BUSINESS NAME AND ADDRESS ABOVE ETC ETC

[dj andy allwood]

i like your T&C badger simple but affective best way i think!!

[CRAZY K]

Can you share with us the "loopholes" you think you have?

Might be an interesting discussion :teeth:

So you can use the customer and their friends as unpaid roadies then Badger?
:teeth: :teeth: :teeth: :teeth: :teeth: :teeth: :teeth: :teeth: :teeth:

And if one of them slips over and breaks his leg? :sad:

CRAZY K

[Corabar Steve]

Is there any set standard Terms and Conditions that mobile DJs can use? I was reading through Corabar's T&C's and there very good.Watch it, Angela's head will start to swell :teeth:

Can you share with us the "loopholes" you think you have?

Might be an interesting discussion :teeth: Indeed, we may also find a plug for the hole so to speak

[Corabar Steve]

6. The Artiste may request help in carrying equipment to or from the venue if the access to the performance area is not deemed to be of reasonable access. If help is not available then the artiste may refuse to perform at the venue for the Engager. The Engager will still be liable for the full performance salary. :omg: :omg: That's outrageous!!! :omg: :omg: & as Alan has inferred a PLI claim waitng to happen

[Have a disco]

:omg: :omg: That's outrageous!!! :omg: :omg: & as Alan has inferred a PLI claim waitng to happen

Health and safety Issue for things like stairs & certain doors, we are entitled to be treated with as much right as anyone else when it comes to access and health and safety, I remember someone complaining about a fly door guard the other week as well as other doors that were not wedged open for them, these all could have caused that person Injury

In regards to the PLI issue if the customer had not made prior access safe according to health and safety according to this paragraph the PLI Insurers would laugh them out of court

[DK Karaoke]

Hi Guys and Gals.
Been reading the threads on this one, with interest.

For my sins, in my past life before DJ'ing. I worked for a central government department, writing contracts - all forms, so I know a little about the subject. What I can say from looking at what I have read so far, is you need to be very careful with the wording.

It needs to be plain english, but with certain specific clauses, some of which are in latin. One in particular is Force Majour. This is meant to cover acts of God, or such other events that are unavoidable, or not caused by the intervention of man, or any other such sentient being.

Incidentally I'm being serious here, although it might seem funny.

Anyway my point is, I have downloaded the templates offered here and have adapted them to use for my contract.

The other thing to bear in mind is that the contract has to be critically viewed from the contract law point of view and not the common sense point of view by us mere mortals. By that I mean, we may thing we have spelled things out clearly in a contact, but when viewed from contract law angle, it does not say what we mean or want at all. Ambiguity has to be avoided at all costs.

I am currently working on an 'ideal contract' for use between DJ and client directly, when thats finished I will develop a 'sub-contract form, for use between DJ and DJ/agent. Both very different contracts.

I will gladly make these available when finished.

By the way DJ'ing is much less stressful.

[alexperrins]

Thanks, that is very kind of you :) I have thinking about reviewing my contract shortly so I'm sure it'll be a great help :teeth:

[dj-jaym]

have a look at mine they cover all eventualities like if you have to get another disco to cover your booking or you even have to get a band as well these are based on agency styled contracts and are water tight in a CCJ situation


TERMS AND CONDITIONS:

please make sure you read & fully understand these terms before hiring our services

1. THE ENGAGER AND ARTISTE BOTH AGREE THAT ANY SUBSEQUENT BOOKINGS BY THE MANAGEMENT/ENGAGER/VENUE OR OTHER AGENCY DIRECTLY OR INDIRECTLY MADE AS A RESULT OF THIS ENGAGEMENT SHALL INCUR A LIKE COMPENSATION AS IF IT HAD BEEN NEGOTIATED THROUGH XYOUR NAMEXX WHEN SUCH IS MADE WITHIN TWELVE MONTHS OF THE ABOVE PERFORMANCE DATE:

2. All Artistes are responsible for their own Public Liability, Equipment and National Insurance, Tax, Pension etc.

3. Please Note that whilst you are requested to sign and return this contract, failure to do so is not sufficient to cancel this contract or to disregard any of the terms and conditions contained within this contract. Therefore unless a written objection is received by this office within pm seven days from the date of issue the contract is assumed to be confirmed.

4. In the event of cancellation of this contract by the management/engager/venue a cancellation fee will be due as follows:-
(a) Between 60 - 90 days notice until performance date, 25% of total salary
(b) Between 45 - 59 days notice until performance date, 50% of total salary
(c) Between 30 - 44 days notice until performance date, 75% of total salary
(d) Less than 29 days notice until the performance date, Full Salary

5. In the event of cancellation or breach of contract by the artiste the artiste will be liable to XYOUR NAMEXX for the full commission fee on the total salary and the management/Engager/Venue may also require reimbursement for the total salary less commision to us.

6. The Artiste may request help in carrying equipment to or from the venue if the access to the performance area is not deemed to be of reasonable access. If help is not available then the artiste may refuse to perform at the venue for the Engager. The Engager will still be liable for the full performance salary.

7. XYOUR NAMEXX cannot be held responsible for any non-fulfillment of contracts by the Artiste, Management, Engager, Venue or any other agency but every reasonable effort to rectify the situation will be made.

8. Cheques will only be accepted by prior arrangement and must be accompanied by a cheque guarantee card

9. All bookings should be taken on the understanding that the venue is in possession of the necessary entertainment & liquor licenses. We are not responsible for their actions, if the venue is found to be in breach of the terms of their license or legal restrictions.

10. We reserve the right to alter any or all of the above at any time.

JUST NEEDS A SIGNATURE BOX BELOW AND YOUR BUSINESS NAME AND ADDRESS ABOVE ETC ETC

have a disco ,

water tight lol wouldnt stand up in court

[Have a disco]

as an ex agency contract it is watertight. But every thing is breachable with a good lawyer.

That is the onus of there job to find something...... I have had this win me 3 cases in County Court Judgements and the lawyers were left open Jawed.

Remember, if you have the rest of the paperwork to go with the terms and conditions as well as their signatures then they are doomed. There are simpler versions but most are kept in legal Jargon for good reason, to bind people within an agreement verbally and then via paperwork covering as many angles as possible in all eventualities.

I have yet to add a sub clause for getting a drink or to stop any event if there is trouble but felt that there was no need as these are just common sense things.

[DK Karaoke]

Hi, DJ-jaym,

Nice wording, however, I would like to point out a few problems as follows:

Firstly no contract is watertight - it depends on how much you are able to pay a solicitor, that is a good one, as I said originally, contracts are tested in a court of law, where people only speak legal mumbo jumbo, not our language, that is business law language.

No 1 clause, all one needs is a slight variation from the act performed when engaged via your contract, to determine a new variant, hence a new artist/DJ etc., with a right to perform and receive payment, under their own agreement/contract.

No 2. This is only additional if one already spells out that no artists or acts/dj's are employed by the contractor.

No 3 this only stands if the act/dj have actually performed under the contract for the contractor. If not this does not apply. This clause is like saying to someone who applies for a job, but does not take it, that they are honoured bound by a contract which they did not accept, or enter into, by taking the job. They dont work for them!!!!

No 4 whilst ok in terms of coverage of losses etc. it is contradictory with clause 2. If there are no employees then there is no SALARY. Bad wording here.

I will cover the rest of the points later, however at the moment, my favourite programme is on tv and want to watch, need to relax after working and all that thinking...................

[dj-jaym]

as an ex agency contract it is watertight. But every thing is breachable with a good lawyer.

That is the onus of there job to find something...... I have had this win me 3 cases in County Court Judgements and the lawyers were left open Jawed.

Remember, if you have the rest of the paperwork to go with the terms and conditions as well as their signatures then they are doomed. There are simpler versions but most are kept in legal Jargon for good reason, to bind people within an agreement verbally and then via paperwork covering as many angles as possible in all eventualities.

I have yet to add a sub clause for getting a drink or to stop any event if there is trouble but felt that there was no need as these are just common sense things.

badger i am suprised its won you cases,

I personaly wouldnt sign it, but there are others that have, I personaly have had our legal dept draw up the contract with proper definitions ie the client and the company each highlighted in bold during a specific clause, That why my clients can instantly see what they are responsible for.

I would admit initialy i had a contract similiar to yours badger which was fine mate, for the adverage person who wanted marys 60th in the social club,

But when i sent it to a person in powergen ! we almost got laughed out the door. Luckily he did actualy want us to perform and advised me to get it reworded, After seeking our legal dept advice they clearly rewrote it and he was more then impressed with it landing us wit the work.

It all depends on the client i think, if your not doing corporate work then its fine but if you are going to badge seriously get it redone, What i will do is put snippets out of our terms on here for you to see badger.

I mean if the powergen guy wasnt so honest we could have lost the business on the back of a contract and paperwork !, If we all think back how gutting would that be loosin a bit of work cus of paperwork.

We all dj's on here all out to earn a crust and we dont get paid vast ammounts for what we do luggin equipment etc etc. So if anyone wants to see a copy of contract for there eyes only ! no public posting or distribution get in touch.

[Have a disco]

why dont you just put yours up for air like me then Im willing to accept critisism are you dare say there are holes and flaws in yours as well