Advice needed

[Charlie Brown]

I don't need shooting down or 'trust you Charlie' but I have a dilemma.

Echosign is great but my terms and conditions haven't been showing or going through to the clients, instead they see a black screen - nobody has mentioned it until now!

I've just gone through my contracts and it's happened to all of them, meaning I have 40+ jobs where they have signed the contract & agreed the fee part but not the T&C's!

How do I approach this?

This is what I'm thinking of doing, let me know if it's the wrong way to go:

Email all 40, explain what's happened and resend them the T&C's to sign. Give them fourteen days to do it before chasing.

If for whatever reason client's don't agree with the T&C's, the booking will be terminated and all fee's they've paid refunded immediately.

I can't even believed it's happened and I've only realised. Really poor on my behalf, so I don't need telling.

[Cowlinn]

40 People signed without knowing what they signed? Are you 100% It happened to all 40 and not jut a one off?

[Charlie Brown]

100% sure, I've gone through everyone. I bet everyone presumed I don't bother with them! It was only today when a client said 'what happens if you're ill, are we covered?'

I said, 'yes of course, it's all in the T&C's'

'What T&C's Charlie?'

[Cowlinn]

100% sure, I've gone through everyone. I bet everyone presumed I don't bother with them! It was only today when a client said 'what happens if you're ill, are we covered?'

I said, 'yes of course, it's all in the T&C's'

'What T&C's Charlie?'

I think your plan seems like a good one. I cant see people having an issue with taking a few minutes to read and sign again.

Will you be continuing to use echosign in the future? Or go back to the old fashioned way?

[funkymook]

I'd send them the T&C's with a brief explanation that they possibly didn't appear with their contract due to a computer error and could they sign and send them back to you as soon as possible.

I wouldn't mention anything about cancellations, refunds etc unless the situation actually arises, which I doubt it will.

[Charlie Brown]

I'll still use echo sign. The file on my computer is corrupt, hence the black screen with no text.

It's not the reading and signing that's the issue, some people might not agree/like a few of the clauses - such as, additional playing time costs etc.

Yeah, I'm inclined to agree.

Legally (not morally), am I obliged to refund any money(s) they've paid me?

Whatever happens, I'm likely to go down the moral route but it would be interesting to know.

[Corabar Entertainment]

Quick couple of questions:

1. Doesn't the main body of the contract state that they agree to be bound by your T&Cs, and, if not, how are they agreeing to them even when they are showing clearly?

2. Do your T&Cs appear on your website?

[Charlie Brown]

Nope & nope.

I've attached what they've been getting:

I used to have them on my website but since I moved hosts etc, they haven't been put on. Something I'll look into tomorrow morning.

Attachment removed due to Data Protection issues

[wensleydale]

I would just email each one and explain what's happened explaining that the T&C's are as much for clients benefit as they are yours.
Sure most wont have a problem unless you have strange Ts and Cs.

On a different note I find the way you describe the amount payable very strange- I'm guessing the booking fee is £50 but it doesnt actually say that anywhere.
Seems a little strange to me?

[Pe7e]

If they ask for a cancellation and refund after reading them, then I think you are obliged to cancel, and give it to them. If I was you I'd notify them and forward a copy your T&Cs for signing, but without the 'cancel' bit, and see what happens, if anyone has a problem signing after reading them, try to renegotiate their individual contract with them on a one off basis. Why lose, or risk loosing a perfectly good job over what is esentially a technicality? Although it's not an ideal situation, thousands of DJs pull off thousands of sucessful gigs every week without a contract in sight. Keep things in perpective, the worst that is likley to happen, is a late cancellation where you can't enforce a cancellation fee, but ask yourself how many times has this arisen over the last 12 months. Others views may differ.