How does this contract look?

Advertising, promotion and financial management for your Pro Mobile DJ Business.

Moderator: Dave Miller

How does this contract look?

Postby DJ Iron Mike » Sat Oct 08, 2005 5:20 pm

I am wondering, this is my contract. How does it look? Most people are having issues with it right now. What do you think? Should I stick to my guns on it , or should I change it? The issue is my payment in full requiremnt
Attachments
Contract Ready to Fill in AFDJ.doc
(109.5 KiB) Downloaded 466 times
"Iron" Mike Burke
President of NACDJ
Imagehttp://www.nacdjs.org
User avatar
DJ Iron Mike
Gold Circle Member
Gold Circle Member
 
Posts: 406
Joined: Sat Aug 21, 2004 12:13 am
Location: In the Set of "Gods & Generals" - Fredericksburg VA

Postby dokai » Sat Oct 08, 2005 6:55 pm

Looks pretty good to me. What did your contract lawyer think of it?
"You are what you do when it counts."
User avatar
dokai
Gold Premium Member
Gold Premium Member
 
Posts: 1173
Joined: Thu Feb 03, 2005 2:27 pm
Location: Richmond, RI

Postby DJ Iron Mike » Sat Oct 08, 2005 8:25 pm

I never had one review it. It is essentially a carbon copy of somebody elses, used with permission of course. The issue people have been having is that I require payment to be paid in full 3 weeks prior to the event date. I almost lost a client for that reason.
"Iron" Mike Burke
President of NACDJ
Imagehttp://www.nacdjs.org
User avatar
DJ Iron Mike
Gold Circle Member
Gold Circle Member
 
Posts: 406
Joined: Sat Aug 21, 2004 12:13 am
Location: In the Set of "Gods & Generals" - Fredericksburg VA

Postby dokai » Sat Oct 08, 2005 10:18 pm

Usually that means they're afraid that you might not show up. I tell all my clients that I have never missed a performance, and that the contract protects them in the event that they're the first. On the other hand, I've heard of unscrupulous clients waiting for the DJ to setup gear at their location and THEN decide it was time to renogotiate the rate. I've also had clients pay me by check and have the check bounce. Most of the clients understand my position after hearing that, but a few have still been reluctant. In your case, you could also point out that your contract states that if they cancel, it won't matter whether or not they've paid you already because the contract says you're still entitled to the full amount. The only difference is the court costs if they try to weasel out of it. At that point, why NOT pay you unless they're planning on pulling some sort of BS?

If all else fails, I offer to let them pay me the balance IN CASH at the location before I unload my equipment. But that's only if I haven't had to drive very far to get there.
"You are what you do when it counts."
User avatar
dokai
Gold Premium Member
Gold Premium Member
 
Posts: 1173
Joined: Thu Feb 03, 2005 2:27 pm
Location: Richmond, RI

Re: How does this contract look?

Postby jwg » Sun Oct 09, 2005 12:28 am

My contract states balance due a week before the event. Many clients are utilizing my DJ Intelligence payment gateway and paying their balance off by credit or debit card.

By getting the balance paid in advance you are minimizing the risk of them bouncing a check on you. 3 weeks out might be a bit much, how about 2 weeks from the date of the event in your case?
User avatar
jwg
Gold Premium Member
Gold Premium Member
 
Posts: 1089
Joined: Wed Sep 15, 2004 3:56 am
Location: Erie, PA

Postby DJ Iron Mike » Sun Oct 09, 2005 6:50 am

I can work that out. This was a concern mentioned to me, but it's the bottom feeder that has the history of not showing up, not me. I show up.
I am not willing to deal with credit cards or Visa check cards or anything like that yet because I do not have the volume to justify it.
I do have the concern that if the check bounces, then what? I know that these are bases that I should have probably covered, but on the other side and again, I don't have the volume to justify it.

I have been thinking about adding a page to me website that has all of my terms and conditions outlined on it, sans my rates. I have learned from past experience that when posting rates on my website that this is what most people want. They want my rates and when they get the rate, they pass me over and go to the bottom feeder down the street because he charges less. (I pity them) So I won't post my rates because each event is different. I usually work my base price into it and add anything fancy plus the mileage outside of 50 miles. With today's gas prices, I have to account for mileage. Usually, I cut a little slack if they are less than 60 miles but the only thing more expensive than gas these days is fog juice. And thankfully I don't use much of that.
My goal here is to provide a well balanced contract that spells out how I am going to operate. I made sure that I included the "indemnification" clause in there that ADJA was always talking about. I also felt that if people try to re-negotiate the contract in anyway, and I don't clearly spell out the changes and sign, it makes it void and I do not do the show. I stuck that in there too.
"Iron" Mike Burke
President of NACDJ
Imagehttp://www.nacdjs.org
User avatar
DJ Iron Mike
Gold Circle Member
Gold Circle Member
 
Posts: 406
Joined: Sat Aug 21, 2004 12:13 am
Location: In the Set of "Gods & Generals" - Fredericksburg VA

Re: How does this contract look?

Postby jwg » Sun Oct 09, 2005 10:29 am

Mike:

My payment gateway goes through PayPal. I am still exploring the possibility of something else but, for now, PayPal works for me.
User avatar
jwg
Gold Premium Member
Gold Premium Member
 
Posts: 1089
Joined: Wed Sep 15, 2004 3:56 am
Location: Erie, PA

Postby DJ Iron Mike » Sun Oct 09, 2005 6:06 pm

I like Paypal and use it a lot for my Ebay Purchases and it also has taken care of my monthly music transactions and for my involvement with WeDJ. I can also configure my WeDJ aacount to accept Paypal if I wanted to but have been too out of breath and time to do it. It's not so much how I get paid but when at the moment. What I mean out of breath and time is that with my day job, somedays I drive almost 500 miles in a 12 hour period and when I get home am too beat to even think about it. I literally am wiped out and just plop on the bed and don't think about much until the next day when life tries to catch back up to me.
I am trying hard to follow leads provided by other guys and do tyhat which works for them. Something has eventually got to work for me sometime. Certainly, not everything everyone tells me is going to work for me as it needs to be applicable to each specific situation. Its' not and never was "unappreciated" I always appreciated it.
My concern is that if I start cutting exceptions, then everyone will come to expect this of me and that's how I'll become known. That idea doesn't sit very well with me. My goal is to find a "happy" medium where both the client and I can be satisfied. Some people have just paid my fee flat out, some people get a little itchy over it. But if I don't enforce what's in my contract, then it serves no purpose to even have one in the first place.
"Iron" Mike Burke
President of NACDJ
Imagehttp://www.nacdjs.org
User avatar
DJ Iron Mike
Gold Circle Member
Gold Circle Member
 
Posts: 406
Joined: Sat Aug 21, 2004 12:13 am
Location: In the Set of "Gods & Generals" - Fredericksburg VA

Re: How does this contract look?

Postby davidjones@a2zmobilemusic » Thu Mar 23, 2006 12:51 pm

contract looks good. why 3 weeks in advance? why not at least 1 week prior? people don't trust dj's as a whole (because of the bad guys). i also use dj intel. and paypal with payment due 1 week prior, 2 if by check. so far no problems. people (women) know and trust paypal.
David Jones
A 2 Z MOBILE MUSIC
User avatar
davidjones@a2zmobilemusic
Gold Circle Member
Gold Circle Member
 
Posts: 404
Joined: Sun Sep 26, 2004 4:52 pm
Location: Fort Worth, TX

Postby Dave Miller » Thu Mar 23, 2006 2:57 pm

Mike -

I question having the USODJA logo on your contract. Marketing materials, yeah, but not on the contract.

Other than that, it looks OK.
Dave Miller Weddings
Reverend Dave Miller

Serving the Northern New Jersey area since 1983
Music For People With Taste
I am the ADJA!
User avatar
Dave Miller
Senior Gold Member
Senior Gold Member
 
Posts: 1405
Joined: Fri Oct 08, 2004 3:23 pm
Location: Pompton Lakes, NJ

Re: How does this contract look?

Postby Professor Jam » Sat Apr 01, 2006 12:44 pm

Mike,

As I viewed it and saw the USODJA logo I was going to comment thats a no-no but I see Teddy already dcommented.

I read the document and noticed several issues, I'm not an attorney and would not offer advice that may jepordize your company. I recommend having the document being re-drafted by an attorney.

Good Luck

Professor Jam
User avatar
Professor Jam
Active Member
Active Member
 
Posts: 289
Joined: Mon Sep 27, 2004 9:20 pm
Location: Elfers, FL

Postby Joseph Ivy » Wed Aug 16, 2006 3:58 pm

My big problem with the contract is its wordiness. Instead of writing, "DJ will begin setting up approximately 60 minutes prior to start time (may vary depending on event and equipment needed, but DJ must have access to facility at least 1 hour prior to start time)," why not just say, "DJ must have access to facility at least 1 hour prior to start time" on the client side.

Also, replace 'play music' with 'provide services.' I don't know about you, but I spend time at almost every event leading games, teaching dances and making announcements. My business isn't focused on the amount of music that I play. (I didn't intend that to sound that snooty.)

Also, the last two lines on for your responsibilities are completely redundant.

(I hate contracts)
I think I am right. You think that you are right. I suggest that we figure out which one of us is wrong.
User avatar
Joseph Ivy
Active Member
Active Member
 
Posts: 138
Joined: Wed Aug 16, 2006 12:46 pm
Location: Glendale, AZ

Re: How does this contract look?

Postby Cap » Thu Aug 17, 2006 12:35 pm

Mike : You know what a nut I am about contracts.

Please understand this is coming from a position of truly caring about your business and the backbone of the core of the business, the contract.

What you have offered is far from a legally binding contract and the number(s) of potential issues is very large. This paper needs help, real help, not DJ armchair lawyers help.

But, if you're comfortable with it and the major problem is with the "drop dead pay me date", make your final payment due 90 days before the event, eliminate all the cancellation verbiage, and add "All payments are non-refundable, non-assignable and non-transferrable." Done.
Cap Capello
Celebrating 32nd Year of Passion For Mobile DJ Performance & Business
BOSE L1 Family of Products Dealer
L1 Model 1 - L1 Model 2 - L1 Compact
http://www.imadj.com
[518] 399-7451 [Eastern Time]
User avatar
Cap
Active Member
Active Member
 
Posts: 64
Joined: Wed Oct 20, 2004 8:01 am
Location: Rexford, NY

Postby Joseph Ivy » Thu Aug 17, 2006 7:14 pm

I wouldn't completely discount the advise of other DJs. Afterall, YOU are a DJ and giving him advice about his contract.

I definately recommend talking to a professional. In fact, I'd just outline what I want the contract to say and then have a professional write the contract. However, to say that his contract is not legally binding is an overstatement. It might be the case that the contract is trash in New York, but he is in Fredricksberg.
I think I am right. You think that you are right. I suggest that we figure out which one of us is wrong.
User avatar
Joseph Ivy
Active Member
Active Member
 
Posts: 138
Joined: Wed Aug 16, 2006 12:46 pm
Location: Glendale, AZ


Return to DJ Business Management, Marketing & Sales

Who is online

Users browsing this forum: No registered users and 2 guests

cron