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magicman222 Regular user 168 Posts |
What are some important things to put on contracts for kid shows. any templates on the net. I'm new and don't know what to put. help?
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rsummer27 Loyal user South Carolina 225 Posts |
Some performers don't use contracts. They can get to be more trouble than they are worth. Depending on your market, you may not have any need of one. I myself use contracts for bigger events like corporate stuff, school shows and such. I never use a contract for a birthday party because there are so many of them, it's so much of a hassle to get them back and I've only ever had two or three problems with misunderstandings about what was expected.
Your contract should make clear anything that you think is important. This includes how much you should be paid, how you should be paid, what you are providing, what they need to provide (table, chair), how long you are going to perform, when you should be paid, how many people will be in the audience, anything that you think needs to be in writing. I usually fax it to my clients and ask that they fax it back.
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Giggles the Clown buys all of his supplies at www.madhattermagicshop.com Super Low Prices on Videos and DVDs! |
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Dennis Michael Inner circle Southern, NJ 5821 Posts |
Try to locate a booklet called "The Contract Book" by Jim Kleefeld 1988 (Contemporary Magic).
It has all you need to know for various contracts and agreements.
Dennis Michael
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Shadow Regular user Akron, OH 171 Posts |
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dreidy Regular user Sydney, Australia 156 Posts |
Actually, everyone who performs for money, and it's arranged in advance, is using a contract. Just because it's not written down doesn't mean there isn't an enforceable contract.
Legally, all that is required is: A agreement by both sides as to what is to happen; Some form of promise by both sides e.g. I'll perform - I'll pay you; and an intent that the agreement is serious. If you've got all that, then you've got a contract. Putting it in writing makes it much easier to enforce, but unless it is for the sale of land or the performance is more than a year in the future, there is no requirement for writing. (Your local state legislature may have altered this presumption though.) Remember, a contract works both ways, yes they have to pay you, but you also have to perform your part of the bargain. Take this example: You agree to do a child's birthday party on a given date for $250. You get an offer of a corporate function for $1000 but it clashes, so you cancel the child's party. You've just committed a breach of contract, and the parent can be entitled to damages. Here (Australia) that's likely to be the cost of arranging alternative entertainment above the $250 they were to have paid you. In the US, who knows, damages are often out of all proportion to the harm. So, should you have a contract - yes. Should you write it yourself - probably not, unless you have legal training. If you are going to be doing a lot of kids shows, go and see your lawyer, get him/her to draft a simple boilerplate contract for you - and go over your legal responsibilites when performing. How much insurance should you carry etc, run through your business practices to make sure you are protected. Spending a thousand dollars or so to get proper advice up front, will give you a better idea of what you should be doing, and will pay for itself if you avoid just one legal action. I have worked in business law and 75% of all the cases that came in could have been prevented if the business owner had got advice when starting up. Do yourself a favour, if you are going to be professional about your business, then get professional advice. David. |
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Jim Snack Inner circle 1338 Posts |
Should you send out a contract?
The answer is, “only if you want to avoid misunderstandings in the future.” A contract is simply a written confirmation of the things you discussed by telephone. It is ALWAYS a good idea to confirm in writing everything you discussed verbally. The written confirmation should include the following information: · Date of the agreement · Names of both parties · A description of services you will be providing · Date and Time of the Show · The fee to be paid · The terms for payment · Any other important information, or additional terms It is not always necessary to send out a formal contract. In some cases a simple confirmation letter sent on your letterhead is all that is necessary. If you do birthday parties, for example, the following letter would be sufficient: --- January 3, 2004 Mr. John Parent 29 Any Street Hometown, NY 12223 Dear Mr. Parent: I am writing to confirm the details regarding my performance for your child’s upcoming birthday party. The party will be held on Saturday, August 15th at your home in Hometown, NY. The show will begin at about 2:00 pm and last approximately 30 minutes. The fee for my services, payable by check or cash immediately following the show, is $150. To signify your agreement, please sign and return one copy of this letter, keeping the other for your files. Thank you and I will see you on August 15th. Sincerely, Joe Magician __________________________________ _____________ Signed Date --- For corporations, associations, schools and civic organizations, it is a good idea to send a more formal performance agreement. I created a contract template in my ACT contact management word processor program that makes everything easy. The template includes clauses specific to performers such as cancellations, inclement weather (for outdoor shows and school shows), restrictions, eg.videotaping, and other important terms. If you are interested, it is in Volume One of Success in Magic at http://www.success-in-magic.com/ Best Wishes, Jim |
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nums Veteran user I have a life, or I would have more than 366 Posts |
I ALWAYS send a contract, to say it again it just prevents confusion. I have what is to be done and for how much, time, and not only the home address of the contact but the address of event. I am slightly dyslexic and more than once the contract has saved my but. Also I have had people not put the address of event on the contract and it was miles from the home. They could not blame me as they had not filled it in the AOE. Final word it does not hurt to send one but can hurt to not.
Jeff |
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magicman222 Regular user 168 Posts |
On your contract do you put anything about liability about injury with the children. ie : Magic Steve shall not be responsable for any injury to the people present at the show and he shall not be liable.
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dreidy Regular user Sydney, Australia 156 Posts |
Matt,
You can put anything you like in the contract, but it doesn't mean that it is valid. Essentailly you are asking people to give away their (and their children's) right to sue you for negligence, should you be negligent. In many jurisdictions, you can't do that. This is definitely one of those cases where you need advice from a competent local lawyer. You should carry insurance in any case. There is also consideration of consumer protection legislation. Consider "The show is fun for young and old alike!", a familiar claim. If the show isn't fun, for example the effects scare or harm the children, then in addition to everything else, you have probably breached consumer protection laws with a false or misleading statement. That's why you need to sit down with a lawyer for a few hours to discuss the various aspects of your magic business, preferably before you really get started. David. |
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Emazdad Inner circle Plymouth UK 1954 Posts |
I always use a contract, and have never encountered any problems from it. It has the details of the booking, cancellation clauses, Rules on Parking, Adult supervision etc
<<<<<<Remember, a contract works both ways, yes they have to pay you, but you also have to perform your part of the bargain. Take this example: You agree to do a child's birthday party on a given date for $250. You get an offer of a corporate function for $1000 but it clashes, so you cancel the child's party. You've just committed a breach of contract, and the parent can be entitled to damages. >>>>>>. Any entertainer that takes a booking and cancels it because a higher paying job comes in deserves to be shot. I think it's a terrible thing to do, I know a couple of people who do it and I've had to deal with the panicky upset 1st booker who's frantically trying to find another entertainer. When I take a booking it's set in stone no-matter what other stuff comes my way
Yours Funfully
Clive "Emazdad" Hemsley www.emazdad.com "Magic is a secret, without the secret there is no magic" Remember there are only 3 types of people in the world, those that can count and those that can't. |
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magic4u02 Eternal Order Philadelphia, PA 15110 Posts |
I tend to use a contract for my larger fair shows and I use a signed confirmation letter (as Jim stated above) for my b-day party work. It works great and if nothing else, if really helps both sides to know what is agreed upon and what is expected of each other. It helps to alleviate a lot of potential problems on the day of the event.
Kyle
Kyle Peron
http://www.kylekellymagic.com Entertainers Product Site http://kpmagicproducts.com Join Our Facebook Fan Page at http://facebook.com/perondesign |
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Jim Tighe Veteran user West Virginia 363 Posts |
I always send out a confirmation/booking letter based strongly on Bob Markwood's from "Poof You're a Frog".
Also, don't forget to use the Houdini postage stamps (for those in the USA). |
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magic4u02 Eternal Order Philadelphia, PA 15110 Posts |
Yeap, a confirmation letter or contract not only looks professional but it really has saved me a lot of headache and protential problems. I also always call the person a day or so in advance of the gig to confirm information with them over the phone. This also shows that you are a professional, you care about their event and helps you to get any last minute changes from the show.
Kyle
Kyle Peron
http://www.kylekellymagic.com Entertainers Product Site http://kpmagicproducts.com Join Our Facebook Fan Page at http://facebook.com/perondesign |
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Billy Whizz Special user Plymouth, UK 576 Posts |
I always use a contract. I don't see the point in sending out a 'conformation' letter. What good is that. For example..... you turn up for a show at 4pm, but the booker said you should have been here an hour ago. What proof do you have of this. The conformation letter might have got lost in the post, but if you have a signed contract which says you were due to start at 4pm, your OK. This is just one simple example of why you should have a contract for EVERY show.
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magic4u02 Eternal Order Philadelphia, PA 15110 Posts |
Well, my confirmation letters must be signed and sent back to me. I guess in a way they are smaller, modified contracts since the client really is signing it.
Kyle
Kyle Peron
http://www.kylekellymagic.com Entertainers Product Site http://kpmagicproducts.com Join Our Facebook Fan Page at http://facebook.com/perondesign |
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drosenbe0813 Elite user Long Island, NY 405 Posts |
I use a confirmation letter based on a tom Myers letter. Bruce Bray has expanded on it. It has the basic information for the client to confirm, but also details things like moving toys out of the performance space and the expected behavior of the adults (i.e. no loud conversations in the same room)
I find it very usefull to prevent misunderstanding. More than once has a parent called back to say that they gave me the wrong date/time once they recieved the letter. |
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Billy Whizz Special user Plymouth, UK 576 Posts |
Hi Kyle, what your doing is as good as a contract, but some people just send out a conformation letter confirming they'll be there. At least if your getting a signed copy back your covering yourself.
I know of people here who don't send out anything at all, one person I know ask's for the date, time, and venue, and then just turns up on the day. I've even had people phone up to ask if they've booked me, because they can't remember who they've booked as they don't have anything sent to them at all. How UNprofessional is that!!!!! |
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magic4u02 Eternal Order Philadelphia, PA 15110 Posts |
Billy:
That is just crazy and unprofessional. I contact the person and we get initial information and I talk about the show, about their needs and answer any questions that they may have. I then enter all the information into ACT database and print out my information show sheet. I also then send them out a confirmation letter/contract along with a party planner guide. Then I call them back a few days prior to the event to confirm information. I can not stress how important this last step is. I have often times had them go, "oh yeah we changed the time and the kids are now 30 instead of 15." This process not only makes you look professional, but it really helps to iron out any problems before you get there. Kyle
Kyle Peron
http://www.kylekellymagic.com Entertainers Product Site http://kpmagicproducts.com Join Our Facebook Fan Page at http://facebook.com/perondesign |
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Emazdad Inner circle Plymouth UK 1954 Posts |
Hi Kyle,
What do you do if you phone a couple of days before and they say they've changed the times without consulting you, but you've taken another booking after or before this one that means you can't do the new times? This is in effect a cancelation of the first booking on their part, do you have a cancellation clause on your confirmation letter? On my contract it says if they cancel with less than 2-weeks notice they have to pay the full fee.
Yours Funfully
Clive "Emazdad" Hemsley www.emazdad.com "Magic is a secret, without the secret there is no magic" Remember there are only 3 types of people in the world, those that can count and those that can't. |
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magic4u02 Eternal Order Philadelphia, PA 15110 Posts |
I have the same type of clause on my contract as well which covers me in the event that this happens. I also usually make it clear that once they set the time, that I can not modify that time that much (maybe 30 mins tops). They understand via the conversations etc. that I sometimes book multiple shows on the same date and they have to work with me.
I usually do not had too many problems with it because I am so up front with them and because it is listed in the contract letter.
Kyle Peron
http://www.kylekellymagic.com Entertainers Product Site http://kpmagicproducts.com Join Our Facebook Fan Page at http://facebook.com/perondesign |
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