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Thread: Contract Term queried.

  1. #1
    Ryu's Avatar
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    Default Contract Term queried.

    Hey,

    Advice please!

    I've had a customer query one of the standard terms in my contract with the following message...

    Many thanks for your terms.


    We have a concern in the terms - 4.2 and 4.3 - over the loss/damage of the equipment. We feel that in the unlikely event that if equipment is left unattended and unsecured and someone were to steal it, we don't think that we should be held liable to reimburse you. We would ask that in this instance you would liaise with the police/hotel directly.


    Can we agree on this change to the terms, and if so how do you think we should handle such a change?


    My T's and C's 4.2 and 4.3 are worded accordingly...

    4.2 Responsibility for Guests
    The Customer is responsible for the behavior of his / her guests. The Supplier or Disc Jockey will not tolerate anti-social behavior by the Customer, guests or other staff at the venue. Threatening or aggressive language and behavior will not be tolerated and the Disc Jockey reserves the right to cease performing if the situation is deemed to be unacceptable working conditions. The client shall be responsible for the behavior of guests. In particular it should be ensured that all children are supervised. Guests should not interfere with the equipment and equipment should be safeguarded against theft, damage or other risks, from the moment of arrival at the venue to the moment of final departure. Please note any loss of or damage to equipment, other than that caused by fair wear and tear, will be charged for.
    4.3 Responsibility for Equipment
    If the Customer requests an early set up, necessitating that equipment be left unattended for any period, the Customer shall be responsible for the same as per the preceding paragraph.

    Whats your advice? Stick to my guns, drop the term, re-word??

    Thanks

  2. #2
    Shaun's Avatar
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    Default

    It seems pretty standard to me. Definitely stick to your guns. I'd rather pass up on a gig than have a client dictate the terms of my T&C's.

  3. #3
    Ryu's Avatar
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    Quote Originally Posted by Shaun View Post
    It seems pretty standard to me. Definitely stick to your guns. I'd rather pass up on a gig than have a client dictate the terms of my T&C's.
    Thanks Shaun.

    Is it not a case of things being lost in translation (between the Term and my customer) though? This is an all day booking, I'll be on site....is there no way of explaining this term so that its intention is more clearly understood?

  4. #4
    Shaun's Avatar
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    Not sure what could be lost in translation though. It seems pretty straight forward terminology.

    If it were me me I'd probably send a reply thanking her for her email but stating that the contract terms are unfortunately non-negotiable. You could mention what you have just mentioned to me. That as it's an all day booking you will be on-site all day and the likelihood of there being an issue is very very slim. If it were me though, I'd stick tight to my terms. She either agrees or she finds someone else. I'm a right stubborn old dog though.

    Maybe she has reservations about the guests she's invited, and worries that some of them might make off with your gear..lol?

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    4.3 i may be tempted to remove as you will be on site all day however 4.2 i would defiantly stick to my guns.

  6. #6
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    If you're going to be there then 4.3 could easily be removed.

  7. #7
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    Thanks for the help gentlemen. Dropped the 4.3 and explained the 4.2 in more detail, will see what the response is like.

  8. #8
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    Quote Originally Posted by dehayco View Post
    4.3 i may be tempted to remove as you will be on site all day however 4.2 i would defiantly stick to my guns.
    Playing devils advocate here......

    whilst you may be "on site" all day would you be in the function room all day ?

    Unless you are going to remain WITH the gear all day looking like the proverbial spare part then there will be times when the gear is unattended espcecially if you are sitting in another room reading a newspaper or book etc.

  9. #9
    Ryu's Avatar
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    Quote Originally Posted by katman View Post
    Playing devils advocate here......

    whilst you may be "on site" all day would you be in the function room all day ?

    Unless you are going to remain WITH the gear all day looking like the proverbial spare part then there will be times when the gear is unattended espcecially if you are sitting in another room reading a newspaper or book etc.
    It is indeed a fair point. In the building but likely in adjacent rooms.


    So...whilst I wait on a response, flipping it the other way....does the customer have a point? Is the clause a bit heavy handed? Wouldn't the customer have likely agreed to a similar term with the hotel (guest damages to furnishings for example)

  10. #10
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    4.2 Responsibility for Guests
    The Customer is responsible for the behavior of his / her guests. The Supplier or Disc Jockey will not tolerate anti-social behavior by the Customer, guests or other staff at the venue. Threatening or aggressive language and behavior will not be tolerated and the Disc Jockey reserves the right to cease performing if the situation is deemed to be unacceptable working conditions. The client shall be responsible for the behavior of guests. In particular it should be ensured that all children are supervised. Guests should not interfere with the equipment and equipment should be safeguarded against theft, damage or other risks, from the moment of arrival at the venue to the moment of final departure. Please note any loss of or damage to equipment, other than that caused by fair wear and tear, will be charged for.

    4.3 Responsibility for Equipment
    If the Customer requests an early set up, necessitating that equipment be left unattended for any period, the Customer shall be responsible for the same as per the preceding paragraph.
    I'm not too sure how you can make the client liable for the behaviour of staff at the venue. I think this responsibility lies solely with the venue management.

    As for para 4.3, I'd be inclined to see where the client is coming from. I can see how you can hold the client liable for repair/replacement/compensation for damage caused by the negligence of themselves or their guests, but I'm not sure how you'd enforce this if something was stolen by an opportunist thief who is not a guest of the client or something is damaged by a staff member or someone else working at the venue (another service provider, perhaps). For example, what if there's a fault with the venue's fire sprinkler system and it goes off by mistake causing damage to your equipment? Surely, you couldn't hold the client responsible for this but this is what your T&Cs are saying (with the wording "theft, damage or other risks").

    I'm not saying that your T&Cs are wrong or anything. I'm just trying to see things from the client's point of view. People tend to view contracts with suspicion and think they're just a way for you to "get" them. How many times have you heard someone say they're signing their lives away when signing a contract?

    Because of my belief that a contract should be two-sided (ie mutually beneficially to me and the client) , this is the way I've drawn up the T&Cs that we use and we've never had a problem with them. But, if a client did have concerns over a particular condition, I'd first make it clear why that condition is there and, if the client doesn't accept this then I'd consider seeing if we can find some compromise to secure the gig. However, there are some terms that I simply wouldn't budge on and, if these ever became an issue with the client, then I'd have to walk away from the gig. It's as simple as that.
    Dazzy D
    Lightning Disco & Entertainment

    Born to make you party!

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