Got the Money but no Contract

[rossken]

Basically what has happened is a couple enquired about their Wedding in August 2011, way back in August 2010. They decided to go ahead and I issued all the paperwork and that was fine.

A while went by and I had recieved nothing back, so I made contact and they decided they couldn't afford me - I thought oh well let's move on.

They then came back and decided they could afford me and paid the deposit in March 2011, but did not return the contract. I hassled them for the contract and they said they would send it ASAP. After a week or so I hassled them again and they said they had lost it, so I sent another out.

Still nothing yet - and the last contract was sent out well over a month ago.

So as it stands, technically there is no booking - however they have paid £50 as a deposit (I do have it worded as non-refundable booking fee on the contract).

What can I do? Tell them there's no booking and try and get another gig or just sit and wait? Also, where does that then leave their deposit?

[yourdj]

i would make it easy and email them a contract too print or even better set up one online via echo sign or something.

Stress that this has to done in a nice way. :)

At the end of the day you have a booking fee (not deposit) which is presumably non refundable (or transferable), but £50 is not allot especially if they book a DJ much cheaper instead?

[Danno13]

I've had this a few times, but added this to my contract to cover it -


1.7 To confirm a booking a booking fee will be required. Payment of the booking fee will constitute a firm booking, and acceptance of our terms and conditions. The client is advised to return a signed copy of the booking agreement, which we shall sign and return as confirmation of your booking.

Even without such a term, I beleive it would be very hard for the client to argue that they haven't accepted the booking if they've paid you a booking fee :)

[Dynamic Entertainment]

I agree with him above ;)

[rossken]

i would make it easy and email them a contract too print or even better set up one online via echo sign or something.

Stress that this has to done in a nice way. :)

At the end of the day you have a booking fee (not deposit) which is presumably non refundable (or transferable), but £50 is not allot especially if they book a DJ much cheaper instead?

I haven't yet got into sending the Booking Agreements electronically - maybe it's something I should consider doing.


I've had this a few times, but added this to my contract to cover it -



Even without such a term, I beleive it would be very hard for the client to argue that they haven't accepted the booking if they've paid you a booking fee :)

I do agree, and I have considered myself "Booked", although I obviously don't want to setup until I have a signed Agreement - maybe just a case of some more friendly hassling.

[marting]

I'm in the same situation with a booking have received the booking fee and cashed it but no signed booking form think i may have to amend my T&c's

[Danno13]

I haven't yet got into sending the Booking Agreements electronically - maybe it's something I should consider doing.



I do agree, and I have considered myself "Booked", although I obviously don't want to setup until I have a signed Agreement - maybe just a case of some more friendly hassling.

As I say, it would be very hard for a client to argue that paying a booking fee isn't a firm commitment (i.e. like signing a contract!) so I wouldn't be that worried.

I do still try and persuade people to return a contract by saying that if they send it then it means they also get written confirmation from me in return - works most of the time!

[rossken]

As I say, it would be very hard for a client to argue that paying a booking fee isn't a firm commitment (i.e. like signing a contract!) so I wouldn't be that worried.

I do still try and persuade people to return a contract by saying that if they send it then it means they also get written confirmation from me in return - works most of the time!

I see where you're coming from - Sounds like a good idea saying they will get written confirmation.

[Corabar Entertainment]

I've had this a few times, but added this to my contract to cover it -



Even without such a term, I beleive it would be very hard for the client to argue that they haven't accepted the booking if they've paid you a booking fee :)

...and I take the opposite approach! We state that until we receive a valid signed contract and the deposit, there is no booking.....one or the other is not good enough to secure it. (I don't want there to be any argument about the T&Cs of the booking / whether the contract was ever received, etc)

[rossken]

...and I take the opposite approach! We state that until we receive a valid signed contract and the deposit, there is no booking.....one or the other is not good enough to secure it. (I don't want there to be any argument about the T&Cs of the booking / whether the contract was ever received, etc)

Part of me was thinking exactly that.

I'm thinking another quick reminder email may be the best first step - I don't want to get too harsh.

[Vectis]

I had a similar situation once. Sent the booking pack, deposit arrived electronically. No contracts. Chased them, reissued contracts. No contracts. In the end I told them quite clearly that I'd need a copy signing on arrival at the venue "for insurance purposes" before I brought so much as a cable out of the van.

That worked :)

I guess the risk with this is that they could pull the rug on you :(

[CRAZY K]

...and I take the opposite approach! We state that until we receive a valid signed contract and the deposit, there is no booking.....one or the other is not good enough to secure it. (I don't want there to be any argument about the T&Cs of the booking / whether the contract was ever received, etc)

I agree.

If your uncomfortable with this I would REFUND THE £50 and wash your hands completely of this arrangement.

Then its a clean break and you have shown you have no intention of honouring a verbal Contract.

If you dont have a signed Contract your T and Cs will not apply.

Not a place I ever want to be:eek:

We have a golden rule here--NO SIGNED ONTRACT--NO APPEARANCE unless they have emailed agreeing the Contract and Tand Cs are accepted.

Strangely im just about to make a phone call for next Sundays booking on exactly this point.:mad:

Actually I could do with a rest and a Sunday trip on my boat!!!!!!!!!!!!

[Corabar Entertainment]

If you dont have a signed Contract your T and Cs will not apply.Not necessarily true, but I just don't want any argument about it. ;)

[Silver]

You could always send them an email saying you have had a concrete enquiry for the same date. However as an honourable person you will honour their booking but only on receipt of signed contract within 5 working days. If that doesn't push them into action nowt will.

[CRAZY K]

Not necessarily true, but I just don't want any argument about it. ;)

Agreed Angela, but from a practical point of view I like that signed Contract in the pocket so I can shove it under the clients nose in the event of a dispute and yes had to do that one night when the client claimed they had paid a deposit ( which they had not) and was shown clearly on the SIGNED Contract NO DEPOSIT in my hand signed by her --full money on night because it was a regular client for some years and we had stopped asking for a deposit.

End of dispute;)

[rossken]

Thanks for all the advice.

I emailed them saying that both the Agreement and Booking Fee were required and that I had other enquiries coming in. I said I needed the Agreement in a week.

They replied apologising, but do definitely still want to go ahead and they would post it back ASAP. They also thanked me for keeping their date.

We'll just have to wait and see...

[rossken]

Just an update...

I've now recieved the Agreement and so everything looks to be ok.