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Pele
Pele

the henna lady
Location: WNY, USA
Member Since: 15th Dec 2000
Total posts: 6193
Posted:You've been contracted to perform in a variety show. Part of your contract says that you A) will be notified if another act uses fire, which is good because you can touch base, make sure you aren't presenting a similar show, etc... B) that you won't be performing directly before or after another act using fire.You show up to do the show and find out that this has been disregarded completely. What do measures do you take to rectify the situation? And if the schedule of performers can not be altered, what do you do?(This has not happened to me *yet*, though I do know performers of other sorts it has happened to. I was told it turns a normal show into an unofficial competition of who can get the audience to love him/her more).The point is not whether or not you mind sharing the stage, the point is breech of contract, in the smallest way, and what do you do?------------------Pele Higher, higher burning fire...making music like a choir...http://www.pyromorph.com

Pele
Higher, higher burning fire...making music like a choir
"Oooh look! A pub!" -exclaimed after recovering from a stupid fall
"And for the decadence of art, nothing beats a roaring fire." -TMK

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Charles
Charles

Corporate Circus Arts Entertainer
Location: Auckland
Member Since: 27th Jun 2001
Total posts: 3989
Posted:I would forget all that if i could, and concentrate on the crowd and their reactions...perhaps playing on the fact that there ar eothers, by telling people not to watch me, or that the other guy is better...Advertise the other person just as much as yourself and try to make everyone in the crowd have a good time.Forget anyone else, the crowd is what matters, and they always lose out in competitions that get 'serious' or when you are angry at the promoters for any sort of reason...In My Honest Opnion------------------Charles (INFERNO)newdolbel@hotmail.comhttp://juggling.co.nz

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Pele
Pele

the henna lady
Location: WNY, USA
Member Since: 15th Dec 2000
Total posts: 6193
Posted:I agree Charles, it's about the audience and love of performing.However, how woud you handle the breech of contract?------------------Pele Higher, higher burning fire...making music like a choir...http://www.pyromorph.com

Pele
Higher, higher burning fire...making music like a choir
"Oooh look! A pub!" -exclaimed after recovering from a stupid fall
"And for the decadence of art, nothing beats a roaring fire." -TMK

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adamrice
adamrice

poo-bah
Location: Austin TX USA
Member Since: 19th Dec 2000
Total posts: 1015
Posted:Is it a one-time gig or an ongoing show?If the former, I'd say suck it up, complain politely, and warn your friends about the problematic employer.If the latter, I'd say suck it up once, but demand they stick to the contract thereafter. If they say "oh, that's not possible" then they are clearly in breech (as I know you know)--it's not one of those things they could chalk up to a temporary crisis, it's bad faith, and you can walk away if you want. Or ask "gee, are there any other terms of this contract I can expect you to breech?"Pele, you know more about this than me--but I'm guessing that working under a broken contract is essentially the same as working without one. Which would leave you without any protection...then again, these contracts apparently aren't worth the paper they're printed on. Is there a "you pay me big bucks if you break the contract" clause?

Laugh while you can, monkey-boy

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Pele
Pele

the henna lady
Location: WNY, USA
Member Since: 15th Dec 2000
Total posts: 6193
Posted:Technically, in a breech of contract before a show, a performer can not perform and demand full payment. If the employer refuses this, it can be taken to court for punitive damages, but if it gets that far you want to be certain you have all your ducks in a row too, so they don't have a leg to stand on.Options with any breech are:-Let it go, which then, as Adam put, nulls the contract for legal action.-Let it go once with a formal warning. If you do this, you have to make the warning in writing, and keep a copy. While their is such a thing as a legal oral agreement, it is very difficult to hold up in a court of law. It also has to have all information including show description, date, time, where and what the specific breech was, referring to your contract and to what did or did not happen at the show.-Not perform and ask for pay.-Have a breech clause, which states for an amount additional to be paid along with the performance amount.-Take legal action.My contract states that if certain parts in breech, more specifically, anything that does not comply with safety rules..either mine or the fire marshall's, and they do not correct this in a timely manner, I will not perform and I still get full payment plus $50 for time and trouble. Never had to call anyone on this though.It is in my contract that I am notified of other performers using fire. Not for competition but for staggering the shows, and because I have had other fire users (jugglers) walk up while I am performing and ask in the middle of a show, in front of an audience of children, what fuel I use, which for insurance purposes I can't answer. I thought this was rude. This is my way of having these conversations before the show actually starts. Haven't had problems with this since either, though non-fire using jugglers still ask what fuel it is and such. Actually, come to think of it, I have had the most problems with jugglers at festival events than anything else (not Ren Faires, they are great!). They have always been a bit rude and crass. Two have even watched me start up a show and started thiers at the same time to compete. It was annoying (and no offence Chalres, as I know not all jugglers are like this!
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).------------------Pele Higher, higher burning fire...making music like a choir...http://www.pyromorph.com


Pele
Higher, higher burning fire...making music like a choir
"Oooh look! A pub!" -exclaimed after recovering from a stupid fall
"And for the decadence of art, nothing beats a roaring fire." -TMK

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