Copy Right Notes : This section has been written by William Kelly (wkelley@galaxy.galstar.com) Minor editing by Steve Shah (sshah@cs.ucr.edu) Additions provided by Al Weltha (alsmusic@netins.net)
DON'T LEAVE ROOM FOR LOOPHOLES. If you are lax on the exact rules, then you could leave spots wide open for your customers to bring up in case of problems. Check and re-check your contract. Think of worst-case scenarios, and would the customer be able to weasel out of the contract in those cases? My main generic suggestions for a good contract are:
1) The date that you are scheduled to perform.
2) The time at which you are scheduled to begin and to end.
3) The place that it will be held. With these three, they can't say, "Well, we need you to start an hour earlier, play an hour later, move it up to next Saturday, and do it 100 miles away from where we first told you." That's all covered.
4) The price that you will pay for this time, and how much it will be if your crowd chooses to go into overtime. Once again, be very thorough. If you charge extra for the drive over or the setup fees, be sure and include them in the contract. ANY money that you want to be paid, include in the contract. Seal any of those gaps.
5) The deposit you must (or may) pay to reserve the date is: You can require a deposit, but I personally don't. HOWEVER...
6) If you cancel the event, we keep the deposit (if one was placed) OR we charge a cancelation fee (if one wasn't). I charge a $50 cancelation fee, but think I might raise it.
7) The deadline for the payment is this date... This way they can't keep saying "Well, we're working on it." I give them 2 weeks after the event, normally. Even the longest of paperwork should be done by that time. In special circumstances, I'll change this area of a contract.
8) If we do not receive payment by that date, we charge $X per DAY past the due date. Put this in big, bold print. I threaten $15 per day late fees, but I only really charge it if the customer is EXTREMELY late and/or if the customer is just someone really annoying. I've only charged a customer ONCE. If they see this on the contract, they'll usually get the payment to you on time...
9) Your company/establishment will be held responsible for damage/theft of equipment or damage to DJ company employees caused by crowd members, faulty wiring, etc... [This should take several sentences.] Also, put in something about how they must provide "adequate security" for the event. This will make the customer know that you're serious about the state of your equipment, and that they'd better keep a grip on the situation and be prepared to take responsibility for their crowd's actions. This is really useful if one or a handful of people cause some problems, because the company will have to make a choice between "hiding" who really did it and paying for the cost themselves, or actually making the effort to find those who were responsible and making THEM pay the costs. By experience (where a drunken college girl knocked down our mirrored ball at a college-sponsored dance), I can tell you they'll normally go for the latter. Note that the tough part of that rule is the "theft" part; it's hard to prove that you "brought" a record or CD and that it was "gone" when you left. Thankfully, I've never had that happen. Also, I learned from the earlier damage experience to put tape around the hook on my mirrored ball!!
10) We won't be responsible for damage to your facilities from OUR equipment. This is pretty much covering your butt, and if you DO know of something that you have damaged that could have been avoided, it's a good idea to go ahead and pay for it so that you don't get the reputation of being a troublemaker. However, if they have bad wiring and your stuff blows something out, they can't say "Well, it was bad, but your equipment threw it over the edge and thus you have to pay for rewiring the whole building." Do NOT assume that just because you put a "not liable" clause in your contract that you are protected from your own mistakes. You CANNOT disclaim your own mistakes and be protected from lawsuit. Acts of negligence CANNOT be written out of a legal agreement. The only way you are truly covered is to outline the what-ifs in cases where YOU don't perform as promised. For example: No-shows, equipment failure, illness, etc. should be dealt with. "I forgot" is negligence and *could* get you sued for the entire cost of the reception REGARDLESS of the language you put in your contract.
I'll give you one more piece of advice: ALWAYS be honest with the customer. Make your contracts very clear, and to the point. Make sure you give it NECESSARY detail, but don't try to be deceptive. Plus, make thorough checks for grammar and spelling errors. They can really hurt the customer's respect for you, especially when they're in a legal document.
###This is from a site that sells dj equipment and so i cannot directly link###
Full Version: Contract Writing
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CAn someone move this i accidently put it in the wrong place..
Topic moved 3rd Gen - What ARE you like!!! 
Not a bad basis for discussion although I think the contract does look a little rough around the edges!.
But well done 3G for bringing up the topic
. I feel a Mikeee post coming on soon on this tread, I feel that this area will be right up his street.
I know that contract writing can be a little bit of a grey area, and that certain details do have to be tailored to suit each individual D.J - But Mike, do you have / or does the TVDJA have a basic contract template that you are willing to share with us?.
Then i'll make this a "Pinned" topic, because I think it's an important subject to cover.
Not a bad basis for discussion although I think the contract does look a little rough around the edges!.
But well done 3G for bringing up the topic
. I feel a Mikeee post coming on soon on this tread, I feel that this area will be right up his street.I know that contract writing can be a little bit of a grey area, and that certain details do have to be tailored to suit each individual D.J - But Mike, do you have / or does the TVDJA have a basic contract template that you are willing to share with us?.
Then i'll make this a "Pinned" topic, because I think it's an important subject to cover.
Here are my terms and conditions.....
TERMS AND CONDITIONS
1. Financial settlement to take place by cash at the start of the performance(s), or by cheque to Mike Moore Entertainments no later than fourteen days prior to the performance(s). If additional performance time is required, the fee for such time must be agreed with, and paid to the Artiste(s) at that time. All other methods of payment will be by mutual agreement.
2. This contract reflects the verbal agreement, and shall include any terms and conditions agreed prior to its issue, and shall be deemed accepted unless a written objection is received within fourteen working days of the issuing date. No alterations may be made to this contract by, either the Management or the Artiste(s) without prior approval by, the Management or the Artiste(s).
3. In the event of the Management wishing to cancel this contract for any reason other than Act of God or National Disaster, any advance payment made will be forfeited, or a cancellation fee of not less than one half of the agreed fee will be applied for. If the cancellation is within thirty days of the performance the whole of the agreed fee will be applied for.
4. In the event of the Artiste(s) wishing to cancel the contract, the Artiste will indemnify Mike Moore Entertainments against the cost of loss and, or damage in full, unless due to accident or sudden illness, In this event a medical certificate signed by a medical practitioner, must be supplied to the Management and Mike Moore Entertainments within ten working days. In the event of the client seeking compensation, Mike Moore Entertainments will not be liable under any such claim, and the contracted Artiste will only be liable for a sum up to and not exceeding the contracted amount.
5. Mike Moore Entertainments reserves the right to substitute a similar Artiste(s) in the event of the contracted Artiste(s) being unable to appear for any reason.
6. Mike Moore Entertainments will not be liable for non-fulfilment of this contract by the Management and, or the Artiste(s), although every reasonable precautions will be taken.
7. The Management will allow suitable time for the installation and dismantling, and removal of equipment (normally one hour). The Management also ensures that safe and adequate power is available. The Artiste(s) ensures that any equipment that requires connection to a power source is electrically safe and conforms to the HSE EAW Act 1989, and any amendments thereafter.
8. Any re-engagement of the Artiste(s) must be transacted through Mike Moore Entertainments, also any enquiry to the Artiste(s) in respect of any engagement by guests, customers and, or staff must be transacted through Mike Moore Entertainments, no personnel cards or telephone numbers are to be shown or exchanged.
9. The Artiste(s) is responsible for any taxes due, arising from this performance, and will indemnify Mike Moore Entertainments from such taxes should a claim arise.
10. The Artiste(s) and there assistants will conduct themselves in a proper manner throughout there attendance at the venue, and will respond to the Managements requests as to volume, siting of equipment and, or any other reasonable requests. The Management will supply suitable changing facilities where required.
11. The Artiste(s) shall be in no way liable for breach of byelaws, or conditions under which the venue is leased, hired or entrusted to the Management. The Management also ensures that all appropriate licenses, as required by law, are in force at the time of the performance(s).
12. The Management will provide adequate supervision of it’s guests, customers and, or staff at the venue, and will be liable for any loss of, or damage to, the equipment, vehicles, or personnel belongings, caused by guests, customers and, or staff.
13. The Artiste(s) and the Management offers assurance that no previous contract exists that may prevent the Artiste(s) from fulfilling the performance(s) referred to in this contract and subsequently, no such contract will be entered into from the date of signing.
14. E. & O.E.
TERMS AND CONDITIONS
1. Financial settlement to take place by cash at the start of the performance(s), or by cheque to Mike Moore Entertainments no later than fourteen days prior to the performance(s). If additional performance time is required, the fee for such time must be agreed with, and paid to the Artiste(s) at that time. All other methods of payment will be by mutual agreement.
2. This contract reflects the verbal agreement, and shall include any terms and conditions agreed prior to its issue, and shall be deemed accepted unless a written objection is received within fourteen working days of the issuing date. No alterations may be made to this contract by, either the Management or the Artiste(s) without prior approval by, the Management or the Artiste(s).
3. In the event of the Management wishing to cancel this contract for any reason other than Act of God or National Disaster, any advance payment made will be forfeited, or a cancellation fee of not less than one half of the agreed fee will be applied for. If the cancellation is within thirty days of the performance the whole of the agreed fee will be applied for.
4. In the event of the Artiste(s) wishing to cancel the contract, the Artiste will indemnify Mike Moore Entertainments against the cost of loss and, or damage in full, unless due to accident or sudden illness, In this event a medical certificate signed by a medical practitioner, must be supplied to the Management and Mike Moore Entertainments within ten working days. In the event of the client seeking compensation, Mike Moore Entertainments will not be liable under any such claim, and the contracted Artiste will only be liable for a sum up to and not exceeding the contracted amount.
5. Mike Moore Entertainments reserves the right to substitute a similar Artiste(s) in the event of the contracted Artiste(s) being unable to appear for any reason.
6. Mike Moore Entertainments will not be liable for non-fulfilment of this contract by the Management and, or the Artiste(s), although every reasonable precautions will be taken.
7. The Management will allow suitable time for the installation and dismantling, and removal of equipment (normally one hour). The Management also ensures that safe and adequate power is available. The Artiste(s) ensures that any equipment that requires connection to a power source is electrically safe and conforms to the HSE EAW Act 1989, and any amendments thereafter.
8. Any re-engagement of the Artiste(s) must be transacted through Mike Moore Entertainments, also any enquiry to the Artiste(s) in respect of any engagement by guests, customers and, or staff must be transacted through Mike Moore Entertainments, no personnel cards or telephone numbers are to be shown or exchanged.
9. The Artiste(s) is responsible for any taxes due, arising from this performance, and will indemnify Mike Moore Entertainments from such taxes should a claim arise.
10. The Artiste(s) and there assistants will conduct themselves in a proper manner throughout there attendance at the venue, and will respond to the Managements requests as to volume, siting of equipment and, or any other reasonable requests. The Management will supply suitable changing facilities where required.
11. The Artiste(s) shall be in no way liable for breach of byelaws, or conditions under which the venue is leased, hired or entrusted to the Management. The Management also ensures that all appropriate licenses, as required by law, are in force at the time of the performance(s).
12. The Management will provide adequate supervision of it’s guests, customers and, or staff at the venue, and will be liable for any loss of, or damage to, the equipment, vehicles, or personnel belongings, caused by guests, customers and, or staff.
13. The Artiste(s) and the Management offers assurance that no previous contract exists that may prevent the Artiste(s) from fulfilling the performance(s) referred to in this contract and subsequently, no such contract will be entered into from the date of signing.
14. E. & O.E.
And heres the contract and schedule...........
CONTRACT
CONTRACT NUMBER: «Contract Number» C DATE: «Date Cont. Sent»
An agreement made on the date below, between, «Clt. Title» «Clt. Surname», for and on behalf of, «Client» ,
hereinafter called the management, and «Art. Title» «Art. Surname», for and on behalf of, «Artiste»,
hereinafter called the artiste(s), under which the management engages the artiste(s), and the artiste(s) accepts
the engagement to appear at the venue, for the fee(s), and on the date(s) shown within this contract, subject to
the terms and conditions of this contract.
________________________________________________________________________________
________
SCHEDULE
Venue : «Venue Add #1» «Venue Add #2» «Venue Add #3» «Venue Add #4» «Venue Add #5»
Contact : «Contact»
Occasion : «Function Type»
Date Of Appearance : «Function Date»
Set Up By : «Set Up By»
Performance Times : «Hours Required»
Fee : «Fee» Advance Payment: «Deposit»
Balance Due On Evening : «Balance»
Other Information : «Rel. Details #1» «Music #1»
CONTRACT
CONTRACT NUMBER: «Contract Number» C DATE: «Date Cont. Sent»
An agreement made on the date below, between, «Clt. Title» «Clt. Surname», for and on behalf of, «Client» ,
hereinafter called the management, and «Art. Title» «Art. Surname», for and on behalf of, «Artiste»,
hereinafter called the artiste(s), under which the management engages the artiste(s), and the artiste(s) accepts
the engagement to appear at the venue, for the fee(s), and on the date(s) shown within this contract, subject to
the terms and conditions of this contract.
________________________________________________________________________________
________
SCHEDULE
Venue : «Venue Add #1» «Venue Add #2» «Venue Add #3» «Venue Add #4» «Venue Add #5»
Contact : «Contact»
Occasion : «Function Type»
Date Of Appearance : «Function Date»
Set Up By : «Set Up By»
Performance Times : «Hours Required»
Fee : «Fee» Advance Payment: «Deposit»
Balance Due On Evening : «Balance»
Other Information : «Rel. Details #1» «Music #1»
Mikee,
Chris said this was a topic ripe for a 'Mikee' reply and you've done us all proud with your postings.
This is something all of us can use and adapt where neccessary.
To the Grandmaster DJ - we salute you
Cris
Chris said this was a topic ripe for a 'Mikee' reply and you've done us all proud with your postings.
This is something all of us can use and adapt where neccessary.
To the Grandmaster DJ - we salute you
Cris
I prefer it more like this.
-----
"Dear..........
This document ties you [name ] unremittingly into the following Contract.
You have agreed to hire [ Disco Name ] to perform on:
[ date ]
at
[ venue ]
---
Start time will be at the DJ`s pleasure, and finish time will be whenever said DJ becomes bored or falls asleep, whichever is the sooner.
-
In the unlikely event that people enjoy themselves, extra time may be negotiable on the following terms:-
1). Double the previous hourly rate, PAID CASH IN ADVANCE before each period of extra time.
2). Free drinks for the rest of the performance for the DJ, his/her assitant(s), spouse, family, friends and general hangers-on.
3). An Hotel room to be provided should this be required, c/w Room Service, Late Morning Call and Breakfast in Bed.
---------
No deposit is requested, instead we require the FULL FEE to be submitted at least 3 months before the function date. This fee is non-refundable under any circumstance whatever.
CANCELLATION is not acceptable unless accompanied by a further remittance equal to the full fee. This will ensure that no violence is used against the cancelling party.
It is permissable, however, for [ Disco Name ] to cancel any engagement at any time, with or without notice and for any reason whatsoever. This is especially true if a high paying more attractive booking becomes available for the same date.
As long as no fuss is made [Disco Name ] may see fit to send a Five Pound Note inside a "Have A Nice Day" card, by way of consolation.
-----
Any other matters arising are not up for discussion.
If you disagree with anything in this contract, please get in touch and we will send round `The Boys`.
Yours Faithfully
J Bloggs
pp
Dodgy Discos Unlimited."
-------
Much easier for all to understand I think
-----
"Dear..........
This document ties you [name ] unremittingly into the following Contract.
You have agreed to hire [ Disco Name ] to perform on:
[ date ]
at
[ venue ]
---
Start time will be at the DJ`s pleasure, and finish time will be whenever said DJ becomes bored or falls asleep, whichever is the sooner.
-
In the unlikely event that people enjoy themselves, extra time may be negotiable on the following terms:-
1). Double the previous hourly rate, PAID CASH IN ADVANCE before each period of extra time.
2). Free drinks for the rest of the performance for the DJ, his/her assitant(s), spouse, family, friends and general hangers-on.
3). An Hotel room to be provided should this be required, c/w Room Service, Late Morning Call and Breakfast in Bed.
---------
No deposit is requested, instead we require the FULL FEE to be submitted at least 3 months before the function date. This fee is non-refundable under any circumstance whatever.
CANCELLATION is not acceptable unless accompanied by a further remittance equal to the full fee. This will ensure that no violence is used against the cancelling party.
It is permissable, however, for [ Disco Name ] to cancel any engagement at any time, with or without notice and for any reason whatsoever. This is especially true if a high paying more attractive booking becomes available for the same date.
As long as no fuss is made [Disco Name ] may see fit to send a Five Pound Note inside a "Have A Nice Day" card, by way of consolation.
-----
Any other matters arising are not up for discussion.
If you disagree with anything in this contract, please get in touch and we will send round `The Boys`.
Yours Faithfully
J Bloggs
pp
Dodgy Discos Unlimited."
-------
Much easier for all to understand I think
Oh yes very good 
On a serious note if any of you write your own contracts as I did, under UK law they must be balanced, with no favour being given to any one party.
On a serious note if any of you write your own contracts as I did, under UK law they must be balanced, with no favour being given to any one party.
Hmmmmm balanced eh......... so said hirer must supply DJ with pint for each hand............. sounds reasonable to me!!
I found that the word 'Contract' can scare people off so I entitled mine 'Booking Form' at the top and then start it with 'This is a contract of hire between......'
Paul S
Paul S
Do you all have professionally printed contracts on NCR (self carbon copy) paper, or is it just 2 sheets printed on the PC with carbon paper in between?
Neither - I print two contracts off the PC, sign them both and ask for one to be returned.
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