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Forums > Help! > Advice on contract making, other professional things

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Seastar
GOLD Member since Mar 2007

stranger
Location: Gainesville, FL

Total posts: 3
Posted:Hi all,

This is my first post on HoP, and I hope to be participating more in the near future. Just a background: I'm a 24-year-old female in the United States. I have been spinning poi for 2.5 years, and occasionally play with hoop, fans, and levistick. I've done some very small gigs, spontaneous performances, and backyard parties/BBQs. I recently moved to a new town and want to start testing the waters to find a gig at a club or something. I'm very excited, but I'm not sure where to start.

First of all, does anyone have any general advice regarding setting up gigs, and the professional procedure surrounding all that?

Secondly, I want to make a contract, since I've heard a few horror stories from fellow fire performers about clients mistreating them before/during/after the show, or canceling last minute. Does anyone have a contract they use and would be willing to email me so I can make my own?

Other thoughts?

Thanks muchly. smile


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JayKitty
GOLD Member since Nov 2004

JayKitty

Mission: Ignition
Location: Central New Jersey

Total posts: 534
Posted:Try and google some sample contracts. The contract should have everything in it. The date and time of the performance. Discription of the performance, props you will use, fuel you will use. Who is responsible for what. As in you supply the fuel and props, they supply you with lighting, a stage, supplies (water?) and whatever else you might need. A clause in case they cancel last minute they still owe you money or something like that. Make sure that if its a club you specify that THEY handle the logistics of you performing there. Contacting fire departments and getting permits, that way if you get shut down, you can show the police said contract stating you were told it was taken care of. Determine when to get your money (I suggest getting it up front, I've been stiffed before) you dont want to get done doing an amazing 3 hour set only to get kicked out empty handed. You sign it, club owner signs it. Make it sound and look professional. I've signed a contract to do a party written on a piece of paper right in front of me though. And don't flake out. If you are getting into this, make yourself a reputation of being equal part dependable and awesome.

Don't mind me, just passing through.

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FireTom


Stargazer


Total posts: 6650
Posted:JK put it in good terms: check for some sample contract regarding performance

I personally would take this one and modify it:

https://www.tractis.com/templates/587282541
br>
further you may opt to search for "contract template artist/ performance" (which is how I got the above link) and make sure you get paid at least 50% before you start, if not the entire pay.

Also include a few paragraphs regarding "fire safety requirements for organizer/ venue" (check HoP for fire safety regulations/ requirements like bucket of water, fire extinguisher, fire blanket, safety staff available at all times...) both parties sign two samples for each other and keep it.

hope that helped a bit smile


the best smiles are the ones you lead to wink

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Mynci
BRONZE Member since Apr 2005

Mynci

Macaque of all trades
Location: wombling free...

Total posts: 8737
Posted:Just to let you know though if you are just starting out getting people to pay in advance will be very hard. I suggest making sure they receive the contract and that money is received on arrival or at least proof of payment at the end provided (money / cheque in an envelope placed somewhere you can retrieve it easily after the show. There's nothing worse than trying to chase a bride on her wedding night to try and get your cheque when everyonr wants to talk to her wink

A couple of balls short of a full cascade... or maybe a few cards short of a deck... we'll see how this all fans out.

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FireTom


Stargazer


Total posts: 6650
Posted:or that drunken fat bar owner wanting to have a lap-dance in the backroom wink

the best smiles are the ones you lead to wink

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JayKitty
GOLD Member since Nov 2004

JayKitty

Mission: Ignition
Location: Central New Jersey

Total posts: 534
Posted:or the sleezy club owner that wants to rob you.

Don't mind me, just passing through.

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Pele
BRONZE Member since Dec 2000

Pele

the henna lady
Location: WNY, USA

Total posts: 6193
Posted:I'd be willing to send you a copy of mine.
I took contract and business law, and wrote it with a lawyer friend, so I know it's solid.
It's fair to all parties involved but protects you as the performer.

Fair warning, it's rare but I've come across some people who won't sign it. That's a sure indication they were shady anyway.


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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aston
SILVER Member since Dec 2007

aston

Unofficial Chairperson of Squirrel Defense League
Location: South Africa

Total posts: 4061
Posted:Regarding insurance, I did some enquiries through the university legal aid office which sent me this a while back:

Quote:Good afternoon Mr Xxxxxxx

With regard to your consultation with our Ms Xxxxxx on 14 September, we advise as follows:

It is sufficient that there be a clause in the contract between you and your employer stipulating that you are not to be held personally liable for any damages to property or person caused by your performance.

Should there not be a clause to the abovementioned effect in your contract, then you may be personally liable for any damages, and it would therefore be in your interest to take out insurance to guard against such an occurrence.

Ms Xxxxxxx
for Rhodes University Legal Aid Clinic

Thoughts on this?

I am wanting to go into this a bit more professionally, although with all the hippies at varsity willing to spin for paraffin or beer money, actually getting fair renumeration will be challenging at first.


'We're all mad here. I'm mad, you're mad." [said the Cat.]
"How do you know I'm mad?" said Alice.
"You must be," said the Cat, "Or you wouldn't have come here."
- Lewis Carroll, Alice's Adventures In Wonderland

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FireTom


Stargazer


Total posts: 6650
Posted:that seems to be fact:

you spin without a waiver - you're being held responsible for damage to man and equipment - regardless of being paid or not.

one point being is that some organizers and managers - when it comes to hiring a performer - are reluctant to sign a professionally set up 10 page contract that appears to them like they should have it checked by a lawyer first.


the best smiles are the ones you lead to wink

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-sandy-
BRONZE Member since Jul 2004

-sandy-

old hand
Location: Bristol

Total posts: 716
Posted:Just a quick point that i picked up at a workshop with Equity (the UK performers union), cancellation clauses. Lots of performers put a cancellation clause in their contracts i.e. if the gig has been confirmed and then the client cancels near to the gig they still have to pay you an agreed amount or the whole lot e.g. 1 month 50% 2 weeks 100%.

Apparently this is not necessary. In UK law at least, once a contract is made (that includes a verbal contract despite what people say about them not being worth the paper its printed on) a client must still pay you in full if they cancel. When they cancel doesnt matter. Putting a cancellation clause in your contract almost goes against you as the client then has a 'get out' and by reading it will think it's ok to cancel as long as its within the time they don't have to pay.

If it went to court (pretty unlikely it would go that far, most people will pay up on receiving a stern letter from a solicitor, but still..) you would be asked to show that you made 'reasonable effort' at finding other work for that date (telling agents you are now available for that date etc). If you were unable to find other work and had shown you tried to get some the court would award you lost earnings and the client would have to pay up.


"Don't do it naked!"

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