HELP! Contract clause refused, Any Suggestions?

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HELP! Contract clause refused, Any Suggestions?

Postby mickey j » Fri Nov 16, 2007 1:29 pm

Hi All,
A client asked that I delete the following statement from my contract, "The sponsor(s) will be held responsible for payment in full as stated above as well as for any damages incurred by Mickey J Entertainment while at the above event." starting with "as well as . . ."
I am leery of making the change and am considering more specific language to describe the damages. Any thoughts? Is the statement just to vague or should I remove it. I certainly want to protect my interests.
Thanks for any reply's, Oh and I need them quick. I also attached the entire contract to give context. It is a very straight forward document and no one has ever requested a change till now.

Best,
Mickey J
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Re: HELP! Contract clause refused, Any Suggestions?

Postby mickey j » Fri Nov 16, 2007 3:08 pm

UPDATE,
I read over several contracts that were posted on this site, (Thanks for Sharing!) and made some changes to mine. I will send the new contract to my client for approval later today or tommorrow, so I am still open to suggestions. The new version is attached. It is still one page, I just added (stole from someone, thanks!) more specific language about damages. Anyway, thanks in advance for any replies.
Mickey J
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Postby CJ Greiner » Sat Nov 17, 2007 10:40 am

The sponsors/venue/etc. ARE responsible for providing insurance for the event -- not you. You are responsible only for damages you cause.

Having a clause in your contract that defines that responsibility is a good idea -- you shouldn't let someone talk you out of it.

The only reason that the clause wouldn't apply is if YOU were the sponsor of the event (in which case, you wouldn't need a contract with yourself!)
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Postby Dave Miller » Sun Nov 18, 2007 12:12 am

I'm no lawyer, so I won't comment on the content - which leads me to an obvious point: Have a lawyer look at it.

But I will say this: Do not send out pre-signed contracts.

I send three copies. The client signs and returns two, I sign them and return one as their confirmation.
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Re: HELP! Contract clause refused, Any Suggestions?

Postby mickey j » Mon Nov 19, 2007 2:28 pm

Hi All,
Once I made the changes the contract was accepted. My language was too broad before the changes (I think). Also, the original contract was reviewed and accepted by a lawyer with the warning that all contracts are a work in progress and may need to be altered at some point. I will have my lawyer review the revisions to make sure I did not give up any rights.
Lastly, I send a protected document (contract) to my clients via e-mail once they have confirmed the booking over the phone. I do this to save the cost of mailings. The client keeps one copy and sends me one signed copy with the retainer. I also save an electronic copy to be sure no alterations were made. Although it would be difficult, I'm sure some geek can get around my protection if they really wanted to. I find this method more speedy and it also saves me money.
Could you expand on why this is a bad idea? Also, since the revision has yet to go to my lawyer, suggestions and comments on the language will be appreciated. I'll wait a week to see what anyone has to say.
Thanks and Happy Thanksgiving
Mickey J
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Postby Dave Miller » Tue Nov 20, 2007 12:25 am

Are you sending these contracts out before you get your initial payment? What happens if they decide to not hire you? What happens if they then have a problem with the DJ they hired and want to use you instead, but by that time you've re-booked the date? ...But they have your signed contract...
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