Hi everyone,

In the new year I will be starting to perform at a restaurant in my side of town. This will be my 2nd restaurant experience. My first experience (as some of you may know) was at Montana's restaurant.

The reason I am leaving is they want to cut my price by 50% and make me only work a week to week basis, which is something I do not want to do. I don't get why they are doing this even though every single time I am in, I have numerous people talking to the manager and sending surveys saying how great I was to the head office plus getting repeat customers.

I like to learn from my mistakes and this next restaurant, I would like you put out a 5 month contract. Now I know some of you will disagree with this and say they shouldn't have to KEEP you if you are not good, but I have also read contracts add a style of professionalism and keep the act and evening flowing smoothly.

I'm trying to pay for University tuition and need the funds steadily in order to save up, I feel if it is week to week that I will be out a job with something I love doing.

The reason I am posting this is to get an idea on what your opinions are with contracts (not criticism on why I should NOT be using a contract) and how I can show that a contract is in the best interest of the manager.

Thanks for your help!

Evan

I cannot imagine anyone advising not to use a contract. If written properly, they protect both parties.
Just some thoughts on what you might want in your contract.
-A rider covering your particular needs in order to perform your act (Place to store extra props or supplies, a prep area, parking, 2 glasses of soda on the house every night...Whatever).
-Some verbage that you supply your own liability insurance (You have insurance right?), and that any damage to patrons, employees or facilities caused directly by your act will be covered by it (And be prepared to supply them with a copy of your insurance with them named as a covered venue). This does not apply to spilled drinks or broken plates from bumping into the waitstaff.
-A slow night clause- If the evening is slow, the management has the right to let you go early. But they have to pay for at least (1/2 hour, 1 hour- your choice) of your time or the actual amount of time worked, whichever is greater. This is one of the things that works to their advantage, but doesn't do you too much damage.
-An overtime clause- Any time over the normally scheduled time must be approved by the management.
-What you will do if you cannot work an agreed upon day (A stand in or how long in advance you will give notice, etc...)
-Include a firm booking schedule. The nights you will be working, the hours, how long beforehand you will be showing up.
-Whether or not you will be accepting tips.
-Pay Schedule and method of payment- When and how the venue will be expected to pay for services.Nightly, weekly, monthly, cash or check.

I do feel the need to say that this is not the optimum time to be starting at a new venue. Right after the holidays is the biggest lull in the food service industry. They are more likely to want you there to pull in more people, but you will have hardest time doing it.
Hope this helps a little with what you are looking for.
Good luck,
Gwyd

Evan,

Gwyd has provided you with several sensible areas that you would surely want to cover in a contract. As you know, a contract is designed to protect you in case of a downside... to spell things out in case of a problem. This way both parties know exactly what they have agreed to and can sort things out... hopefully without the help of a lawyer.

And no, I'm not a lawyer and I surely don't play one on TV. Gees... I never thought I'd ever get to say that old line out loud... LOL.


As I read your question I believe the best part was your concern that the Manager see that this contract was in his best interest. I suggest you take this notion a little further.

So you'll have a little confidence in my suggestion here, I should mention that I've written many contracts as a mentalist/magician over my 29 years of performing.

I’ve designed contracts for as little as a few hundred dollars a show... to tens of thousands of dollars a show... to several hundred thousand dollars for a series of shows... and as far as I know I’m the only Trade Show worker to design and close a $1,000,000.00 contract, which allowed me to perform at 24 Trade Show events over 2 years. The contract was about 19 pages long and covered every eventuality that I could think of.

I know this sounds like I’m bragging and in a sense I guess I am a bit… but more importantly, my point here is to emphasize that you can believe what I am building up to suggest that you consider as you design this contract and close the Restaurant deal.

Now Evan, please don't get nervous, closing larger deals does not mean that I'm out of touch with the reality of drawing up a contract for working a venue that surely does not require as many pages or for as large amounts of money.

The average contract can be anywhere from 1-7 pages and should cover everything that you need to protect yourself... but there is another component that must be considered!

What I'm about to suggest is an important twist that I recommend you keep in mind as you design your contract. A contract must be written to protect BOTH PARTIES.

I realized early on that the language of a contract could seem so coarse and way too one-sided. It only spelled out what I wanted; little to nothing about the other guy. So I made an important decision that served me well for more than 25 years.

Be as concerned for your client, your employer as you are for yourself.

Look, the client is not the enemy. In 99.9% of cases the people we try to get to hire us are not crooks. They are business owners, moms and dads, men and woman who are trying to make the best deal that they can.

The best thing I can do for any client, in addition to performing the greatest show I have ever delivered... every time that I perform and providing added value... is to bond with the human being who is going to help me to pay my bills... to earn my living doing what I love to do... and that has to be—to treat him or her with respect and dignity. To be caring and yes even loving.

One way to do this is to be considerate of what his or her needs are in the deal that you are trying to make with them.

Put your feet into their shoes. What are the things that you can add to the contract that spells out what you will do for them if the downside that may occur is because of your action or inaction?

Demonstrate in as few words as possible that you wish for them to come out as well as you wish for yourself.

Do this and you will not only close a good deal but you will make a new friend who just may engage you over and over again.

Of course there’s more that I would like to say about this but I’m already way to lengthily in my response. Please don’t hesitate to contact me if you need some ideas on how to accomplish what I’ve just suggested. I’ll gladly help you without any charge.

Love and Happy New Year from AntonZ