Thread: Performance contract issue

I would love some advice on this situation!

As is probably the case with most of you, we have a harassment-free/safe environment clause in our performance contract that states if we deem the environment unsafe, we may leave without performing and we still expect to be paid.

We have recently had a client strike that clause from our contract. This event is a corporate party in a local restaurant. We inquired as to why and they are worried that we will use it to cancel without justifiable cause... basically just showing up, saying "I am uncomfortable in this situation, where's my money?" and leave.

Of course, this is total nonsense and we would never do anything of the sort, but we also don't like the idea of not including this in our contract in some way. Personally, I am pretty offended by this request.

Has anyone come across this issue before and if so, how did you handle it? Many thanks!

hmm, offer them to put in in more details what means "uncomfortable", "safe" (for example: public may not touch the dancers)

I can understand the clients view and agree with Artemisia that there needs to be more clarification. How exactly have you worded it in your contract. Saying uncomfortable is to wide of an expression? Maybe we can come up with a better way of wording this.

I agree that it might just need to be reworded for clarification. Contracts are to protect both parties involved. If I was handed a contract with a vague clause that gave the other party an easy out w/o providing services, I would also be suspicious. Don't take it personally. Just take it as an opportunity to tighten up your contract.

Be specific about what would make you uncomfortable and if they still won't sign it, then don't perform. The fact that they won't sign it would be a red flag for me as far as my safety goes.

I can see verbally explaining the the client what you mean by "made uncomfortable", but I personally wouldn't change my contract verbiage. I would just point out that a) in my entire performing career, I have yet to ever take advantage of that clause and b) no other client, corporate or private individual has balked at signing off on that condition before. I would offer to refer them to many of my satisfied clients who can confirm that I have performed in a variety of performance environments and not taken off without performing.

In the body of my contract, I'm pretty detailed about what's acceptable for dance environment, tipping, video/photography, etc. I think it reads pretty clearly that if you follow the specifics of each contract section, my comfort level is a given.

We were thinking of trying to be more specific, but really unsure what else to say. Our contract states the following...

"A safe and adequate space for the performer shall be provided. This would be a floor or stage free of hazardous objects. This also includes an environment that is free of harassment of a sexual nature or otherwise. If the performers deem the environment unsafe for the above reasons, they may leave without performing or cease the performance. In any case, the client will still be responsible for paying the full amount."

Maybe the person booking the event is worried that they will not be able to stop others from saying inappropriate things to you?

Originally Posted by ceydahazine

We were thinking of trying to be more specific, but really unsure what else to say. Our contract states the following...

"A safe and adequate space for the performer shall be provided. This would be a floor or stage free of hazardous objects. This also includes an environment that is free of harassment of a sexual nature or otherwise. If the performers deem the environment unsafe for the above reasons, they may leave without performing or cease the performance. In any case, the client will still be responsible for paying the full amount."

Well I don't see the use of the word uncomfortable. I had the impression that you used that word, so I do not see anything wrong with your statement. Maybe you could change it to read,

"Client will provide a safe environment for performers to include private dressing area and stage/dance floor free of hazardous objects. Client will also provide adequate security to prevent physical harm or sexual harassment towards performers. Failure to provide adequate security may result in the cancellation of performance and forfeiture of all fees due at the time of performance."

Originally Posted by AngelaDiCaprio

"Client will provide a safe environment for performers to include private dressing area and stage/dance floor free of hazardous objects. Client will also provide adequate security to prevent physical harm or sexual harassment towards performers. Failure to provide adequate security may result in the cancellation of performance and forfeiture of all fees due at the time of performance."

Thanks! It looks like a compromise has been reached and the contract was reworked to state the following:

"If the performer is concerned about the environment, she will express her concerns with the client, and they will mutually decide if it is appropriate to continue with the performance. If it is then deemed that the environment is unsafe, the performer may leave without rendering services and the deposit will be forfeited."

that's pretty clear already i think, so i would go the referrals route... give them some examples of companies you've danced for? or events they might know; or people they could even contact if they wanted to.

or suggest they change the clause? how would they like it to be worded, but you insist on having a safety clause

Originally Posted by ceydahazine

We were thinking of trying to be more specific, but really unsure what else to say. Our contract states the following...

"A safe and adequate space for the performer shall be provided. This would be a floor or stage free of hazardous objects. This also includes an environment that is free of harassment of a sexual nature or otherwise. If the performers deem the environment unsafe for the above reasons, they may leave without performing or cease the performance. In any case, the client will still be responsible for paying the full amount."

I am glad to hear you were able to work out a compromise... Yay!!!

Glad it worked out, but I thought your initial wording was pretty clear. I can't imagine a client wanting to strike it unless they had doubts about their ability to provide a safe and harassment-free environment. Unless maybe they've had some run-ins with unwarranted sexual harassment suits recently and the words make them jumpy?

So now if you're harrassed or the environment is unsafe you only get to keep the deposit? I hope they're paying a 50% deposit!!!

They basically struck any clause that mentioned any additional fees and/or penalties. Although we have very good references, this company seems to think we (probably just performers in general) are out to rip them off somehow. I think it is just a personal quirk and/or possible cultural difference of the client.

i totally understand why you would feel uncomfortable. i would feel uneasy too. maybe you can amend it, and word it different to appease you and the client.