An ethical question...

[Steven Ragatz]

Chance,

I didn't know the distinction between the two. Thanks for the clarification.

Upon inspection of my records, I was under an email agreement with the client for several days before they "changed their mind." At this point, it looks as if the best course of action is to simply send them an invoice for the rehearsal time during those days and see if they are willing to penny up that money. I haven't decided if it is worth it for a pocket full of penguins, but am curious if I can score two finesses in one deal.

The other performs really are dear friends of mine. I've done shows with two of the three off and on for over fifteen years. That fact alone has made the whole thing balloon out of proportion and turn into a major trauma.

'Nuf said. Time to move on...

Steve

[Triona]

Steve,

I would definitely send the invoice. You got nothing to lose and the client should be made aware that there is a lot that goes into a show, you just don't show up and perform.

<img src="graemlins/jester.gif" border="0" alt="[jester]" />

[Stretch]

perhaps someone should buy out your contract?

Bill "Stretch" Coleman

http://Stiltwalker.com/

[le pire]

Hey Triona,

Most clients will NEVER realise that. I was approached by a woman who wanted to book me for her family reunion after she saw my show at an event. She was like "You want THAT MUCH for 45 minutes?!!?!!!?" I would expect your show to last all day for that!

I gently tried to explain to her that it practically would take me all day (load up my car, drive 4 hours round trip, load in and load out, plus the show). I did not even mention the out of pocket expenses and how much every prop and microphone costs and that the really slick piece of promo she was holding in her hand took me 3 months to produce and cost a small fortune.

We make it look effortless-- but it isn't!

e t i e n n e

[HiveQueen]

You might consider putting a "kill fee" clause in your contract.

Something along the lines of:

If they decide not to go with you because the show is cancelled completely, they agree to pay you for time invested in their project to that point, to be billed at X penguins per hour/day/week/clever line, plus out of pocket expenses (ld phone, travel, equipment) to be itemized on your invoice, with the total kill fee not to exceed 25% of the total estimated cost of the show if they give you 4 weeks notice, 50% if they give you 2 weeks notice, or 75% if they call you the night before and tell you not to bother showing up.

If they cancel because it becomes apparent to them that you are preparing material that is clearly not in line with what you had agreed upon as stated in your original communications (attached to your contract for their signature) then they owe you significantly less....

Then, when they screw you, simply send them a very polite, totally professional invoice referencing the contract; Dear client, I am very sorry to hear that you have decided not to include my act in your event; per our agreement, I am invoicing you for X penguins for Y hours of preparation plus Z out of pocket expenses, itemized below, due net 15 days, thank you very much.

(If the client is big enough that there is another person/department handling the writing of checks, I find CC'ing them the invoice and the 15-day notice and the 30-day notice... is helpful.) You can also express understanding with their tight budget issues, and offer to cut a deal - better something than nothing... but hold off on negotiating down until you've invoiced them as though you're both totally professional business people who adhere to contracts.

They often still won't pay, but sometimes will, and just having a kill fee clause in your contract might lessen the post-contract-signing shopping around, plus if they don't pay the kill fee, you can claim the loss on your taxes. (Disclaimer - I am not a lawyer nor an accountant. On the other hand, people have paid me to convince their clients to pay them.)

There's also the route of getting part of the fee up-front. If someone has made an investment in you, even if it's relatively small, they'll be more inclined to want to get something back for it, even if this requires investing more, than to walk away from it.


And penguin is reported to taste a bit like duck, but oily rather than fatty, and much fishier (the whole fish & krill diet thing). Probably best served with a dry white wine.

[Stretch]

I concur. I have a July 4th gig, and every year the client sends me a $200 deposit in April.

Walking tall,

Bill "Stretch" Coleman

http://Stiltwalker.com/

[jonnyflash]

On business with friends;
When good friends make bad contracts it's a real piss-me-off.
I've been a victim of this scenario enough (3) times that now I generally refuse to take a gig w/ some certain mr. X's unless I am the sole negotiator with the client.This has definitely saved some friendships from Armageddon. I've definitely learned that cheap/free gigs beget ONLY more cheap/free gigs.So don't go there, baby.

Jonny Flash

[Peter]

Hive Queen, good idea. I had an experience with one of the resaurants I busk at. They pay me a fee plus I get tips. Well one week they suddenly cancelled me without any reason so I sent them an invoice for 2 weeks fees, stating that a 2 week notice was required from each of us to the other on cancellations.

A month later I got the check for the two weeks. Also found out why I was cancelled. The business went bankrupt chapter 11, I was lucky to get any money from them at all.

[fracksfreakshow]

sorry to change the subject but Milford? that didn't always say Milford. that is right down the street on 275 from frack. maybe could get a coney some time and talk business. but sorry get back to the ethics now. yep yep frack attack.

[Ash Circle]

Our kill fee is 100% of the contracted fee so long as we haven't violated our part of the contract, which is in fair detail, if the client cancels the contract within 3 weeks of the performance date. Most spots aren't going to book us 3 weeks in advance or less, so we consider that to be our loss-of-booking-date period of time.

Granted, we've only been doing this thing for a few years, but we've never had a client blink at a 100% kill fee.

Cheers,

Rick
aka Loki

[Irina]

Thanks for KILL fee idea! What's the legal term for it - cancellation fee??

[Isabella]

Kill fees

In my contract, the client is liable for the full amount from the signing date of the contract. I have had some clients request a cancellation clause, which I will write at 30 days notice they owe 50%. Basically, I seldom book anything at less than 30 days, so at that point, they have purchased my time and it can't be resold.

I agree about getting clients to sign contracts quickly! Often very important to avoid mind-changing.

[Irina]

This is very smart. If you gave your word to do the gig - you can't accept any other offers for these dates, and you have to pay for transportation and supplies, so they should be liable for cancelling. But I guess it only works or corporate events with a signed contracts - I had birthday parties cancelled at the last moment and never got a dime..

[Isabella]

Contracts - not just for corporate

A long time ago, I pretty much worked without a contract unless the client wanted one. Now, even a "birthday party" or tiny event gets a contract from me.

I STRONGLY urge everyone to use contracts ALL THE TIME. If the idea of a big scary contract is going to frighten off your smaller client (and some people it does) develop a single-page "Letter of Agreement" that covers what you are going to do, when and where, and how much you are to be paid.

For big clients, I say "do you want to send me a contract or shall I send you one?" For little clients, I say "OK, great, I'll just pop a contract into the mail and we'll be set." For tiny, tiny clients, I say "OK, I'm going to send you a letter of agreement just so everything's clear."

Beyond just getting your money - and that's very important - contracts also protect you legally - they establish that you have a right to be there and the client has asked you to be there.

Stuff everyone may already know:

Your contract should contain -
--What you'll do
--Where and when
--Length of performances/appearance and what activities will happen (I've shown up at gigs and had people say, "Oh, we didn't know you'd be doing fire!")
--How much you get paid and when (usually at completion of event), and to whom the check gets made out. (I kept getting checks made out to my company name before I had a bank account in that name and couldn't cash them)
--Liability language, usually stating that you're not liable if anything bad happens to an audience member

You can also add in things like your home state having jurisdiction in case you have to sue for your money, you agreeing not to be drunk or high (reassures the client), release for them to use pictures and video of you to promote the event, and any sort of cancellation clause you want. Mine says that if I don't show, I don't get paid, but it also says that the client is not released from paying me unless there's an Act of God that cancels the event.

I also add a page of technical rider, that has stuff like the ceiling clearance I need, the load-in space, that I get parking, and then all the amenities I want (not all gigs give me all of them). There's stuff that's nice to have, like fruit and snacks, stuff that the gig must provide, like hotel and a dressing room, and stuff we've learned is needed from experience - like a sign on the dressing room door that says "please knock" and like specifying that the dressing room has to have a clean floor! You'd think it would be obvious...but it's not.

[Rachel Peters]

i think that's the single most helpful (and un-scarifying) brief on contracts i've ever read.
thanks for that post.