DJGold

DJ Iron Mike · Posted: Sat Oct 08, 2005 4:20 pm Post subject: How does this contract look?

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

dokai · Posted: Sat Oct 08, 2005 5:55 pm Post subject:

Looks pretty good to me. What did your contract lawyer think of it?

DJ Iron Mike · Posted: Sat Oct 08, 2005 7:25 pm Post subject:

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.

dokai · Posted: Sat Oct 08, 2005 9:18 pm Post subject:

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.

jwg · Joined: September 15th, 2004 Posts: 1089 Location: Erie, PA

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?

DJ Iron Mike · Posted: Sun Oct 09, 2005 5:50 am Post subject:

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.

jwg · Joined: September 15th, 2004 Posts: 1089 Location: Erie, PA

Mike:

My payment gateway goes through PayPal. I am still exploring the possibility of something else but, for now, PayPal works for me.

DJ Iron Mike · Posted: Sun Oct 09, 2005 5:06 pm Post subject:

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.

davidjones@a2zmobilemusic · Posted: Thu Mar 23, 2006 11:51 am Post subject: Re: How does this contract look?

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.

DJ Teddy Bear · Posted: Thu Mar 23, 2006 1:57 pm Post subject:

Mike -

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

Other than that, it looks OK.

Professor Jam · Posted: Sat Apr 01, 2006 11:44 am Post subject: Re: How does this contract look?

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

Joseph Ivy · Joined: August 16th, 2006 Posts: 133 Location: Glendale, AZ

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)

Cap · Joined: October 20th, 2004 Posts: 62 Location: Rexford, NY

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.

Joseph Ivy · Joined: August 16th, 2006 Posts: 133 Location: Glendale, AZ

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.