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The Magic Cafe Forum Index » » Tricky business » » Standard Magicians Contract? (3 Likes) Printer Friendly Version

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ksalaz1
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Hello, I did a search for this and came up with no results. My question is- Is there a standard contract everyone uses for gigs? Are there any sample contracts I could look at? I am doing restaurant work and am interested in doing some corporate work and would like to be able to present a contract that covers all the "sensitive angles", pardon the pun.

KSalaz
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Bill Hegbli
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Fort Wayne, Indiana
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In 1988 Jim Kleefeld published a book called 'The Contract Book.' The address in the book is Contemporary Magic, 33510 Jennie Rd., Avon, OH 44011. I purchased my copy from Abbott's Magic, Colon, MI.

The book give examples of contracts for all different kinds of shows, from birthday parties to corporate appearences.
Vietnam Veteran 1967, Sgt. E-5

Graduate of Chavez College of Prestidigitation and Showmanship

"Magic With A Twist Of Comedy"
Michael Messing
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Knoxville, TN
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There are numerous books that have sample contracts in them, such as "Hustle, Hustle" by Joel Bauer; Adam Cristing's "Getting the Gigs" course; Eric Paul's course and many others.

To get started, you might want to check this online article on contracts: http://www.online-visions.com/pro-files/0205.html . In that article, Scott Guinn discusses what he puts in a contract or "performance agreement."
avimagic
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There have been a few posts on the subject, from which I gleaned what I could use and created a contract. I am uploading the contract I came up with.

Please note:
1. The contract was created in Microsoft Word and uses Word-based fields for automation. It is best worked with in Word.
2. Make sure fields are highlighted so you can see the difference between a field and regular text (Tools-> Options-> View-> Field shading: Always)
3. When you create a new contract from this one, simply hit Ctrl-A (which selects the entire document) and then F9 (which lets you update each field).
4. I'm not a lawyer (nor do I play one on TV), so use this at your own risk!

Avi

Click here to view/download attached file.
ksalaz1
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Hey guys thanks for your replies, this is very useful.

KSalaz
"Master of the Obvious"
Clayton Cavaness
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David Ginn has a good contract and I adapted mine from in his book "Promoting Me and You II"
ThorstenHappel
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Avi, thanks for the contract.

One question: do you really charge the people who hire you $50 more for every 15 minutes they are off the scheduled time? This is the very first time I have seen such a clause, and working in public relations and event planning I have seen quite a few contracts.

To be honest, I would be reluctant to hire you with that clause in the contract. Yes, being on time should be every professionals goal in event planning. But if the CEO or president of a company decides to talk much longer than scheduled, I don't want to pay more money to the entertainers I hired, just because of that.

Just curious ...
Thorsten
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"If this be magic, let it be an art ..."
-- William Shakespeare, The Winter's Tale, Act 5, Scene 3
avimagic
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Quote:
On 2004-05-10 14:06, ThorstenHappel wrote:
Avi, thanks for the contract.

One question: do you really charge the people who hire you $50 more for every 15 minutes they are off the scheduled time? This is the very first time I have seen such a clause, and working in public relations and event planning I have seen quite a few contracts.

To be honest, I would be reluctant to hire you with that clause in the contract. Yes, being on time should be every professionals goal in event planning. But if the CEO or president of a company decides to talk much longer than scheduled, I don't want to pay more money to the entertainers I hired, just because of that.

Just curious ...



That clause was actually gleaned from another post on this forum a few months back, but now I can't remember whose post it was.

I would save that for high-season (i.e. winter holidays) when I might have shows booked back to back in the same day, and being delayed at one could hurt me on the others. Other times I would leave it out.

Avi
magic4u02
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I have a contract I use a lot and a technical rider. If anyone would like a sample of it, please send me a PM or e-mail me directly at magic4u02@aol.com

Kyle
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ThorstenHappel
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Quote:
On 2004-05-12 18:51, avimagic wrote:


That clause was actually gleaned from another post on this forum a few months back, but now I can't remember whose post it was.

I would save that for high-season (i.e. winter holidays) when I might have shows booked back to back in the same day, and being delayed at one could hurt me on the others. Other times I would leave it out.

Avi



Thanks for your answer, Avi. That's what I figured.

Yes, it makes sense when you have another show following. It is important to communicate that to the people who hire you well in advance, so they know that you have to leave at a certain time.

And thank you again for sharing this great template with us.
Thorsten
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"If this be magic, let it be an art ..."
-- William Shakespeare, The Winter's Tale, Act 5, Scene 3
armagician
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When do you give them the contract
avimagic
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Quote:
On 2004-06-25 01:15, armagician wrote:
When do you give them the contract


When they book the show. In return, they give me a deposit.
magic4u02
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I use a contract and a full technical rider for when I do my shows. This is a must foir me as it really covers me for most any situation and acts also as a confirmation of information for both of us so there are no suprises later on.

This gets mailed out to them after they confirm the booking via the phone. I include 2 sets and they sign both and mail me back the other in the SASE attached.

This contract and tech rider I had created with a lawyer and so is legal in all forms.

If anyone would like a copy of the contract or technical rider full formats, please PM me or send an e-mail directly at:

magic4u02@aol.com

I would be happy to give you information about receiving it.

Kyle
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Hill
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Avi magic

You have an excellent example of the contract there.

As an entertainer insured for accident and public liability through th entertainers equity - they provide a full range of excellent legal advice and assistance on matters such as this. I sent them a copy of mine and they made some excellent, pertinent, and practical suggestions to ensure it didn’t look too long winded and daunting to bookers.

I strongly stipulate variables such as the following;

Parking
Adult supervision
Cost
Times
Cancellation policy
Allergy awareness
Smoking policy
Respect or the entertainer
Adequate working space

Hope this has helped some people out!
sirbrad
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Nice sample contract, I appreciated the submission. great tips all!
The great trouble with magicians is the fact that they believe when they have bought a certain trick or piece of apparatus, and know the method or procedure, that they are full-fledged mystifiers. -- Harry Houdini
Bill Hegbli
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Fort Wayne, Indiana
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Avimagic,

Thanks for the sample, I have been trying to figure out a way to do this in MS Word for years.

Is your letter connected to an Access or Excel database, to fill in the fields?

Can you explain these field commands?

{Fillin date* mergeformat}

What is the wild symble for?

Thanks for your offering.
Vietnam Veteran 1967, Sgt. E-5

Graduate of Chavez College of Prestidigitation and Showmanship

"Magic With A Twist Of Comedy"
Thoughtreader
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Below is a simple but effective contract for you to use. I do actually have the complete contract ready to copy in my book, plus some other tips on using it, etc.,

Hope that helps,
PSIncerely Yours,
Paul Alberstat


THIS AGREEMENT made this __ day of ________ A.D. 20__

BETWEEN:

(Hereinafter referred to as “the Performer”)

and

(Hereinafter referred to as “the Employer”)

WHEREIN it is mutually agreed as follows:

1. The Employer agrees to employ the services of the Performer to perform

____________________ performances at:

_______________________________________________

On the following dates:

__________________________ __________________________


__________________________ ___________________________

__________________________ ___________________________

___________________________ ___________________________


2. The performance hereinafter referred to shall in general consist of:


- 2 –

The content and length of which shall be entirely at the discretion of the Performer, or as agreed upon and set out in an appendix attached hereto, unless specified above.


3. It is mutually agreed between the two parties hereto that the price per
performance shall be ______________________________ ( )

Which amount shall be paid as follows: ________________________________

______________________________________________________

to be paid on the execution of this Agreement and the balance to be paid on

______________________________________________________

It is mutually agreed between the parties hereto that the Performer shall be paid:

____________________________________________ ( )

for the entire performance.

4. The Employer agrees to provide the Performer with a space sufficient to carry out his obligations hereunder and to provide all assistance in his performance.

5. It is mutually agreed between the parties hereto that if the Performer is unable to perform because of labor disputes, sickness, acts of God or any personal accidents, including during the time of transportation of equipment, then the Employer and the Performer agrees to refund all pre-payments made and this contract shall be null and void at the option of the Employer.

6. The Employer shall be responsible for obtaining and for paying for any licenses, fees or taxes levied by any agency, government or otherwise, for any performance hereunder.

7. The Employer shall not permit the recording, reproduction, or transmition from the place of these performances of any part of the performance without the expressed written consent of the performer(s).

8. It is mutually agreed between the parties hereto that if the Employer cancels any performance except for any reasons aforementioned, the Employer shall be liable and shall pay for all performances cancelled by reason of such actions by the Employer.

9. It is mutually agreed between the parties hereto that notice of any cancellation by the Employer given to the Performer shall not be deemed to have been received

- 3-

unless personally given by the Employer to the Performer in writing at least five (5) juridical days prior to the performance.

IN WITNESS WHEREOF the parties have hereto set their hands and seal this _________ day of _________________ A.D. 20_____,


At _______________________________________________________.


________________________ ____________________________
Employer Performer
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cloneman
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Thoughtreader, I notice from your byline that you are from Canada. I do want to interject a note of caution for our United States readers who may be tempted to cut and paste your contract into their business forms.

In the United States, you want to be careful about creating a contract which categorizes your relationship as "employer/employee,” as opposed to “independent contractor,” unless you really are an employee.

The two relationships have different implications in tax matters, and different protections under federal law. Additionally, “employers” may be deemed to be the default owners of copyrightable material created at their behest. While the word “employee” in a contract is not the only factor a court will look at to determine the nature of the working relationship, it is one of the factors. Careful contract drafting is a must when defining the scope of this kind of business relationship.
"Anything is possible... if you don't know what you are talking about."
Bill Hegbli
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Fort Wayne, Indiana
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Cloneman gives great advice.

We are not employees when hired to do a show. We are independent contractors. Otherwise known as Business for self. As employees the employer may require you to sign a 'hold harmless' to protect themselves.

I have seen a number of professional agent contacts. They are very simple in makeup. Just the important show info and a final statement about being an independent contractor and it is not necessary to with hold social security taxes.
Vietnam Veteran 1967, Sgt. E-5

Graduate of Chavez College of Prestidigitation and Showmanship

"Magic With A Twist Of Comedy"
Donald Dunphy
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Victoria, BC, Canada
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Cloneman -

The same problems exist for Canadian performers. We have to be independent contractors, responsible for our own wage deductions for taxes, responsible for own insurance, etc.

I use the words, "The Organization booking the show" rather than "The Employer hiring the show" on my contracts.

Employer does imply that you are not an independent contractor.

Not legal council, just another Canadian sharing. Smile

- Donald.
Donald Dunphy is a Victoria Magician, British Columbia, Canada.
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