Thread: Contracts and Deposits: The Pro's, the Cons, The How-To

Let's talk about performer's contracts.

I'm torn about whether or not I'd like to implement one in my booking routine. On the one hand, it's a good way to manage expectations and to help prevent last-minute cancellations and other SNAFU's - especially if you make your client pay a deposit up-front.

On the other hand, nobody in my area does this and I'm afraid clients might get turned off by the idea of signing anything, and opt for the convenience of a dancer who doesn't make them enter any sort of agreement.

For those of you who have implemented a performer's contract, how has it worked for you? Are clients generally amenable to signing it, and do they pay their deposits on time?

What are the advantages and disadvantages to contracts? And does anyone have a template that I might be able to modify and borrow from?

Contracts are definitely the way to go. I always tell the client that the contract protects them as much as it protects me (which is true)--that usually makes them amenable to signing it. I also tell them that it contains nothing more than we've already discussed (also true b/c I make sure to discuss booking details when I speak to them). As for deposits, I tell them that they are not booked until I receive the signed contract with deposit--I'm in demand and if they want their spot held, they need to get it back ASAP. This usually lights a fire under them, and I have no problem getting it back in a timely manner.

I strongly suggest you go this route. It's really not as hard as it sounds and people are generally used to signing contracts for entertainment, rentals, etc etc.

Thanks, Aazura! I'm also drawn to the idea of a contract because it's professional looking.

Not to mention, there's a sort of comfort that's created when you manage expectations with clients. They like to know what they're getting themselves into.

That's actually something else I was going to mention. In your other post you ask about "value added" and how you can justify your higher price. I think a contract does just that in the clients mind--you seem more professional than those fly-by-night Nippletassels. It will also give the client peace of mind knowing that you will show up as contracted. And of course, you'll be sure to subtly mention all this to the client during your sales pitch!

I always, always use a contract and deposit for every gig. I have yet to have a client balk at signing one or even question any of the clauses. I email the contracts and usually have my deposit (50% and non-refundable) within a few days. If I don't have it in a week or so, I'll follow up and it usually gets sent immediately after that. I tell the clients that the only thing that holds the date and time for their event is the contract and deposit - if I don't have them, and someone else calls to book for the same slot, it goes to whoever puts down a deposit first.

My perspective is that I'd rather have less bookings that are sure things, than a bunch of stuff on my calendar that may or may not happen. It really sucks when I make expenditures based on income that I think I'm going to have coming in, only to have the client cancel and the money's not there after all. And I have a policy that I never do a lick of work on a gig until I have the deposit - no burning CDs, creating specific flyers, buying special costume pieces, nada.

The only downside is that, if you don't take credit cards, it's hard to get a deposit for last minute gigs. I have to say that the one time I did not bother with a deposit because the party was the next day, it was the worst gig I have ever had and they tried to stiff me on my pay entirely. Never again. Last minute gigs have to pay the deposit through PayPal now. I do make an exception for a singing telegram company that pays after the gig is done, but they have a proven track record so I feel comfortable with that.

And I completely agree the the contract protects the client just as much as it does me. I personally would never hire a service provider for an event without a contract - how could I be sure they'll even show up?

Originally Posted by aazura

That's actually something else I was going to mention. In your other post you ask about "value added" and how you can justify your higher price. I think a contract does just that in the clients mind--you seem more professional than those fly-by-night Nippletassels. It will also give the client peace of mind knowing that you will show up as contracted. And of course, you'll be sure to subtly mention all this to the client during your sales pitch!

Is it just me, or does Fly-By-Night Nippletassels sound like the name of a baaaaaaad 1960's girl band?

You're right, though. I think by implementing a performer's contract, I will have essentially answered part of my own question about being a value-added performer. My M.O. these days is to do everything in my power to position myself on a higher tier than all the no-name Nippletassels who have crawled out of the woodwork in the past couple of months.

Laura, thanks so much for sharing all your experiences and advice! You've made me feel very confident that I'm doing the right thing.

The reasons you stated are precisely why I've been entertaining this idea for so long. Last year, I had two pretty big engagements fall through at the last minute because the client wanted somebody cheaper - after all the planning I did, I was angry with myself for not asking them to sign anything or pay me a deposit.

I think a deposit/contract also solidifies in the consumer's mind the fact that what we do is hard work. If we just stood there and wiggled, we wouldn't have to start planning our shows 3-4 weeks out!

Definitely do a contract and deposit. I have never had anyone blink an eye about it - you sign contracts for magicians and balloon artists, why not a belly dancer? I usually refer to it as a "booking sheet" and have them fill out all the details I need to know, like address, emergency contact, where should I park? etc.

It also lays out my conditions - the costs for waiting time, how to tip me, how the deposit is nonrefundable and if they cancel within 7 days of the engagement, my full fees are due.

I take check and paypal for my deposit and like Laura, follow up with a call if I don't hear anything, but that is pretty rare. I will waive the deposit for organizations like church groups where I know it would be a pain for them to cut 2 checks.

Originally Posted by SatinWorship19

Is it just me, or does Fly-By-Night Nippletassels sound like the name of a baaaaaaad 1960's girl band?

LOLOL!!!..l;,

You're right, though. I think by implementing a performer's contract, I will have essentially answered part of my own question about being a value-added performer. My M.O. these days is to do everything in my power to position myself on a higher tier than all the no-name Nippletassels who have crawled out of the woodwork in the past couple of months.

Exaaaactly!!! And btw, I think it's great that you're positioning yourself as upper-tier. You're a smart chicky, Carrara Nour!

Do the contract. Every reason I was going to mention was already mentioned by the other ladies who posted, and they are all 100% right. I can email you my template if you would like - I have tweaked it over the years to account for any possible snafu I can think of. Email me at danielabellydance AT yahoo DOT com if you want it.

I'm all for contracts. I'm not performing/doing gigs right now but when I start then I'll have a contract ready to go (been working on mine off & on here and there). I think it does make you appear more professional. Also helps weed out those who aren't serious or the ones who'd continue to shop around for and/or potentially cancel on you at the last minute. My feeling is if other performers & entertainers use contracts, why wouldn't we?

Originally Posted by danielabellydance

Do the contract. Every reason I was going to mention was already mentioned by the other ladies who posted, and they are all 100% right. I can email you my template if you would like - I have tweaked it over the years to account for any possible snafu I can think of. Email me at danielabellydance AT yahoo DOT com if you want it.

Yep, contracts are always a plus...I'm actually trying to develop my own too; It just makes one more professional on top of securing your valuable time ;)

Daniela, would you mind to share your with me? the more samples the better ;)

Shimmies!

nevermind - I'm emailing Daniela.

Another dancer who supports using contracts chiming in!

I always use a contract and get a deposit. I was not 'raised' to do so by the teachers who turned me pro, but I decided to commit to doing it for my bookings around...eight or nine years ago. It was the best decision ever! I have had enough thanks from clients about feeling very comfortable, secure, and sure about how everything would go down due to having it all in writing that it has worked out well. It also makes me feel more secure that the client and I are on the same page. There will be unexpected surprises at every gig, I like to have as much control over everything I can--especially the getting paid part (I love my job, but it is still a job). For certain last minute gigs I have waived the deposit (I go with my gut and let them know I am waiving it, and that payment needs to happen upon arrival, not after the show). But I never forgo a contract.

Contracts don't have to be fancy. Mine has been tweaked a lot over the years. I would probably not hire an entertainer who did not offer something that at least stipulated the cost, date, time, length of performance, and service offered. Why would I do less for my clients than I would expect for myself?

Wow, the pro-contract response is overwhelming. You've officially sold me.

Thanks for all the good tips and ideas!

BTW, if anyone wants to see my contract template too, just email me at galateadancer at gmail dot com, and I'd be more than happy to share.

What a timely thread! I've been working on mine this week.

Daniela & Galatea, I'd love to see yours too, if you don't mind sharing!
Sending an email right now...

I have a legality question. Has anyone who has used a contract had a client who balked about it NOT being legally binding?

I'm just curious.

Originally Posted by jasani

I have a legality question. Has anyone who has used a contract had a client who balked about it NOT being legally binding?

I'm just curious.

I've had a client balk at a particular clause in my contract (which I ALWAYS use...dont' care how big or little the gig is...you don't have your date reserved until I get my signed contract). But I've never had them question the legality of the contract itself.

If you've got a lawyer friend who can give your contract a once-over, do it. I'm lucky that a friend of mine is an entertainment lawyer and was able to re-word a thing or two here and there to make it sound a little more professional and make sure my legalese was correct. Not that my contract is anything fancy...its pretty standard as far as these things go.

One thing that I don't understand is that there seems to be a need in our community to downplay the word "contract"....almost like its a dirty word. I've never felt the need to soften the word...in fact, I use it very specifically so that they "get it". I want them to know that i'm a professional performer and that this is business and not play time. It actually has gone a long way to prevent problems.

Then again, I'm also the person who uses contracts even with my family...quite literally <grin> And to their credit, not one of them has ever given me crap about signing one!

I use a contract. I also now do all of my payments & deposits via paypal. I increased my rates slightly to cover the paypal fees. I switched to paypal because 1) I had a couple of checks from clients bounce & I was slammed with huge fees by my bank & its was totally lame having to chase down a stranger and get them to make good on their check ,m::
2) paypal means I know I have the money but is also more secure for the client--they know if there is a dispute, they have a way to get their money back. I have read bhuz horror stories about fraudulent disputes and paypal madness. That sucks but I still think its much more secure & I am not worried that some a-hole will pay me for a party, have me dance and then days later file a dispute & try to get their money back.
3) refunds are very easy to process using paypal
Most people just pay the full amount when they get the paypal invoice rather than pay the 50% deposit & then having to worry about having the balance in cash at the time of service.

Originally Posted by jasani

I have a legality question. Has anyone who has used a contract had a client who balked about it NOT being legally binding?

I'm just curious.

No, why would it not be binding?

Also, everyone who emailed me - ygm!

I use a contract. For many reason mentioned here, but also to make sure I am doing what the client wants. We have a chat about *exactly* what the performance will entail, and I include all the agreed details in the contract.

In a couple of cases they've come back and said "that's not what I ment - I actually wanted X", and we were able to sort it out *before* the event, in a low stress and professional/friendly manner - and I re-confirmed in writing.

Its easy to assume that you will understand the wishes of a client that you don't know and have never met, but in reality, it's best to feedback your understanding and give them a chance to agree or to clarify. In my example, we were both a lot happier as a result.

Originally Posted by safiradokos

One thing that I don't understand is that there seems to be a need in our community to downplay the word "contract"....almost like its a dirty word. I've never felt the need to soften the word...in fact, I use it very specifically so that they "get it". I want them to know that i'm a professional performer and that this is business and not play time. It actually has gone a long way to prevent problems.

I think we, as a community, downplay a lot of things that pertain to business and the free market economy. For instance, a lot of dancers say that their copywriting is weak because they can't stand to "toot their own horn." You never see this in any other industries, where every pizza place, for instance, is totally confident to say "The best damn pizza place this side of Napoli!" Or, where a pizza place can move in half a mile down the street from another pizza place and Store A doesn't have to ask Store B's permission to sell pizza in their "territory."

Sometimes, I wish Donald Trump would do The Apprentice: Bellydance Edition so dancers could get whipped into shape. If there's anything I'd change about my peers, I'd make them much less skeptical of marketing and more empowered as businesspeople.

Originally Posted by danielabellydance

No, why would it not be binding?

Also, everyone who emailed me - ygm!

There's lots of jerks out there who will scrutinize contracts and clauses and try to worm their way in and out of things. Having a Lawyer look it over is a good idea. Sorry, what does ygm mean?

Originally Posted by jasani

There's lots of jerks out there who will scrutinize contracts and clauses and try to worm their way in and out of things. Having a Lawyer look it over is a good idea. Sorry, what does ygm mean?

I am a lawyer, which is why I was curious as to why you would think it wasn't binding!

YGM = you've got mail.

Originally Posted by SatinWorship19

I think we, as a community, downplay a lot of things that pertain to business and the free market economy. For instance, a lot of dancers say that their copywriting is weak because they can't stand to "toot their own horn." You never see this in any other industries, where every pizza place, for instance, is totally confident to say "The best damn pizza place this side of Napoli!" Or, where a pizza place can move in half a mile down the street from another pizza place and Store A doesn't have to ask Store B's permission to sell pizza in their "territory."

Sometimes, I wish Donald Trump would do The Apprentice: Bellydance Edition so dancers could get whipped into shape. If there's anything I'd change about my peers, I'd make them much less skeptical of marketing and more empowered as businesspeople.

I'd soooo be first in line to appear and take some lessons from the Donald.

I have trouble tooting my own horn as well, but recognize that it is a part of business. I bill my studio as the "premier studio in St Tammany Parish" in a prominent way. I actually find it easier to promote my business rather than myself....its how I get around my self esteem issues LOL

Originally Posted by danielabellydance

I am a lawyer, which is why I was curious as to why you would think it wasn't binding!

YGM = you've got mail.

Again, I'm just curious if anyone had experienced that. For the record, I'm not saying anything bad about your contract form Daniela. There's no drama intended here...

Originally Posted by safiradokos

I'd soooo be first in line to appear and take some lessons from the Donald.

I have trouble tooting my own horn as well, but recognize that it is a part of business. I bill my studio as the "premier studio in St Tammany Parish" in a prominent way. I actually find it easier to promote my business rather than myself....its how I get around my self esteem issues LOL

You hit the nail on the head right there. I think a lot of dancers get caught up in making the distinction between their business and themselves, hence the discomfort. Distancing yourself the way you did is a smart frame of mind, as difficult as it initially can be.

And dare I say it...I think a lot of women have also been conditioned to think "bragging" is icky or impolite. I think there's a lot of internalized societal negative B.S. that compels a lot of us to do business apologetically, which just makes me sad. Heaven forbid, we all start acting like Suze Orman (refer to infuriating thread under "The Rest"). But I think we could all grow by shooting for something down the middle!

And I think I just hijacked my own thread...

Originally Posted by jasani

Again, I'm just curious if anyone had experienced that. For the record, I'm not saying anything bad about your contract form Daniela. There's no drama intended here...

I didn't take your statement as causing drama, Jasani. I was just curious as to why you would think that a contract for services wouldn't be binding. Maybe there is an issue you know of that I am overlooking. That's all. Just curious about your thoughts.

I guess in the big scheme of things, none of these contracts are really "binding", since if someone chooses not to uphold their end of the deal, the only way you could "enforce" it, would be to take the breaching party to court. I don't know that it would be worth going to court for the small amount of $$ you would likely be arguing over. But I think the contract encourages people to stick to the terms, because, mentally, it makes the whole relationship "legal" and subject to enforcement by a judge if someone wanted to take it that far.

I do contracts with deposit and have never had any issues. A couple of times it has worked in my favor where the event got cancelled and I got to keep my deposit for doing nothing! I do sometimes waive the contract and deposit thing if it's a last minute party, but it hasn't been a problem.

Another nice thing is that in the contract I stipulate an added fee if my performance is delayed by 15 min. or more. It sends the message that your time is valuable.