Contract Term queried.

[Ryu]

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

[Shaun]

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.

[Ryu]

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?

[Shaun]

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?

[dehayco]

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.

[musicologydisco]

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

[katman]

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.