Thread: So... What's in your contract?

In all my years of dancing I've never had or even thought about a contract. In hindsight Ive has some issues that would have been smoothed over with one! I haven't danced in almost a year but I want to make the experiance as painless as possible (I am sooo NOT a shark, wish I was)
what are some good things to put in a contract and do I need to get them noterized?
I know I'm gonna put that I get paid on arival! I hate waiting around after!

We have a basic contract which covers the necessary for all gigs: Deposit. Total cost. Yes, to be paid at arrival. Start time, end time, contact people, phone numbers, addresses, venue location, name of event, the type of audience (mixed gender professional, female student), who provides the sound system (and the additional charge if it is us), customer website for event, the type of publicity materials we are allowed to bring to the event and how they will be displayed, additional charges for travelling if out of town, additional charges for waiting if performance is delayed, dressing room, water and food requirements, security requirements (guard our personals, customer!), who does the publicity and how, assistants / costume mistress who will accompany the dancer(s), who provides the insurance for the event, cancellation policies (for them and for us), and a firm reminder that "Ruric-Amari and the Samovar Dance Theatre are DANCERS, not strippers or burlesque performers. Employer agrees that s/he understands the difference and will ensure that the Artists are promoted, advertised and announced as dancers and with respect. Ruric-Amari and Samovar do not allow themselves to be touched, do not accept tips in costume and do not participate in suggestive interactions with the audience." Also NECESSARY if you are bringing more than yourself: "Directions, requests and suggestions will be directed to Ruric-Amari and not to the dancers she brings with her. Troupe members are under the artistic direction and supervision of Ruric-Amari at all times." Note the use of proper nouns in there instead of 'Artist' or 'Dancer.' These clauses are very important and we feel the use of the real names adds the personal oomph.

Then there is an addendum for the specific event, based on type (performance, teaching, at studio, away from studio).

We don't notarize. A deposit is enough for us. Oh yeah, and emphasize that the deposit is NON-REFUNDABLE if they cancel. We get very specific. You would think folks know what a deposit is for, but! "The deposit reserves a performance at the venue, date and time specified. The deposit will be retained if the performance as described in this contract is cancelled by the Customer. If a modification of venue, date or time is requested, Artist will make all reasonable efforts to oblige but may NOT be able to due to previous engagements. In this case the deposit will be retained. "

Originally Posted by maurazebra

We don't notarize. A deposit is enough for us. Oh yeah, and emphasize that the deposit is NON-REFUNDABLE if they cancel. We get very specific. You would think folks know what a deposit is for, but! "The deposit reserves a performance at the venue, date and time specified. The deposit will be retained if the performance as described in this contract is cancelled by the Customer. If a modification of venue, date or time is requested, Artist will make all reasonable efforts to oblige but may NOT be able to due to previous engagements. In this case the deposit will be retained. "

Not to over-confuse the OP, but to add a side note...

There has been issues in the wedding industry when people have canceled events with NON-REFUNDABLE deposits, where they are clearly stated as you have... the issue is that when it goes to court; usually the contract holder loses the case and has to return the deposit. I'll dig and see if I can find the info I have on it, but I think that is why I had added some additional terminology to my deposit paragraph stating it was more than just a deposit. (I'll see what I can dig up)

Hey ya'll, what do you put in your contracts about if YOU have to cancel due to illness, etc...? Someone has recently asked to book a performance ALL THE WAY OUT IN MAY for an engagement party. I am putting language in that states they may cancel up to x far in advance given how far out the date is, but not sure what to do if I need to cancel (i.e. family emergency, or if I get pregnant & would be huge by that time, since my husband and I are trying).

Help?? Do you state that in event of illness you'll find a suitable substitute? or do you state that you reserve the right to cancel up to a month in advance of the event? whadda ya do??

Mine says: Should cancellation by the performer be necessary, the performer will make every effort to arrange for a comparable substitute. If no substitute is desired by client, artist shall refund deposit in full.

Originally Posted by JShane

Not to over-confuse the OP, but to add a side note...

There has been issues in the wedding industry when people have canceled events with NON-REFUNDABLE deposits, where they are clearly stated as you have... the issue is that when it goes to court; usually the contract holder loses the case and has to return the deposit. I'll dig and see if I can find the info I have on it, but I think that is why I had added some additional terminology to my deposit paragraph stating it was more than just a deposit. (I'll see what I can dig up)

Did you find what you were looking for? Our deposits are not that big yet but why not plan for the future !! :)

Originally Posted by maurazebra

Did you find what you were looking for? Our deposits are not that big yet but why not plan for the future !! :)

I think I found the article here (unless there was another as well and I was combining info in my memory) but this one does mention:

Depending on your state, some states will not uphold a policy that states "non-refundable deposit" in the contract and the (photographer) will have to forfeit the entire amount.

Also points to a ruling where the client actually took the photographer to court and despite very clear contract cancelation policty, the judge ruled it "ambiguous" and she had to return all money (and pay court costs).

From a lawyer in the article: "The use of the words "retainer" and "Deposit" have different legal meanings from state to state. Adding the phrase "monies paid" to the line talking about advance payments/deposits can help clarify. It also said to be very clear about what portion of the charge is the non-refundable portion if payments are made in increments (I know I take a 200 deposit and then the remainder due by wedding day for example)

Here is a suggestion they wrote for a cancellation clause in a photographer's contract:

This contract does not become effective until this agreement is signed and the initial amount due has been paid. At the time the contract becomes effective, the studio/photographer shall reserve the time and date agreed upon and will not make other reservations for that time and date. For this reason, in the event the client cancels this contract for any reason, unless the Stuido is able to fully replace the cancelled reservation, all monies paid shall be retained by the photographer to offset the Studio/Photographer's loss of business.

(They usually have a note in our contracts saying if we schedule another wedding for a canceled day, then we will then use that deposit to refund their deposit since we would at that point have no loss of business)

Although I don't know how bad it might get for you guys with possibly smaller deposit amounts I doubt people will be as likely to want to pay to go to court to challenge it.

Jeremy Shane, I vaguely remember something from Business Law class that stated a contract was not valid unless both parties received something in exchange. Your suggested clause reads like there's some tit-for-tat: in return for not scheduling anything else during the specified date and time, we get a non-refundable deposit. We do a tit-for-tat inside of our liability clauses for students but I hadn't thought of it in terms of deposits.

Thank you for the suggested clause, very much appreciated!

Originally Posted by maurazebra

Jeremy Shane, I vaguely remember something from Business Law class that stated a contract was not valid unless both parties received something in exchange. Your suggested clause reads like there's some tit-for-tat: in return for not scheduling anything else during the specified date and time, we get a non-refundable deposit. We do a tit-for-tat inside of our liability clauses for students but I hadn't thought of it in terms of deposits.

Thank you for the suggested clause, very much appreciated!

Yea, I wasn't sure exactly what it all said until I got hold of it again. I just remember it concerned deposits. Seems like what you have is pretty much along the lines. I guess just the wording per state is the only thing to keep an eye on maybe.

Can anyone else chime in, what do you put in your contract?

What do you do if you are called to be a substitute for another dancer last minute?

and what do you do about pictures and video being taken by event goers??

I'm not new to this thread, but the picture comment you made did remind me of something legally.

You know how legally someone/or photographer can take pictures of someone in public without permission, and privately owned public venues apply to this law.

Just in case anyone didn't know, as performers you guys have a legal right to your likeness. Legally called the right to publicity if I remember correctly. I'm not suggesting denying party goers a snapshot or two, but if you see someone like me with a giant camera and flash popping away constantly and you don't want that happening; you are legally in your rights to deny me use of any image with you in it. Only exception would be if I worked for newspaper and was using it for a news story; or of course, personal use.

I've had to argue with other photographers before b/c they think they know their rites b/c they are in public and they forget about the rights of others sometimes.

Originally Posted by laura 2

Mine says: Should cancellation by the performer be necessary, the performer will make every effort to arrange for a comparable substitute. If no substitute is desired by client, artist shall refund deposit in full.

This is exactly what my contract says! Did you get it from Adry, too? Or maybe I gave it to you at one point, I know I've sent my contract out to a lot of dancers!

Anyway, I am having the same concerns - my husband and I are trying to get pregnant, so I am concerned with booking jobs so far out in advance. With this clause, I can get them a substitute or cancel if they want, without being in breach.

Originally Posted by maurazebra

Jeremy Shane, I vaguely remember something from Business Law class that stated a contract was not valid unless both parties received something in exchange. Your suggested clause reads like there's some tit-for-tat: in return for not scheduling anything else during the specified date and time, we get a non-refundable deposit. We do a tit-for-tat inside of our liability clauses for students but I hadn't thought of it in terms of deposits.

Thank you for the suggested clause, very much appreciated!

Yep, that tit-for-tat is called "consideration", and you don't have a valid contract without it. Also, if you were to be taken to court over a deposit - IF you were able to reschedule that date with another customer, which would result in you being in the exact same position you would have been had the original client not canceled, you'd probably have to return your deposit, non-refundable or not. Or at least the portion you recovered with the rebooking. Because technically, the deposit was to protect you from loosing money by holding the date for them, and you ended up not loosing money. If you KEPT the deposit, you'd actually be in a BETTER position than you started, because you'd have their deposit and the new clients' money.

But the likelihood that any of our clients would take us to court over our deposits is slim to none, since they are smaller than the costs to bring the action in court. Just the mention of a "non-refundable deposit" is probably enough to prevent client breach.

Originally Posted by danielabellydance

Yep, that tit-for-tat is called "consideration", and you don't have a valid contract without it. Also, if you were to be taken to court over a deposit - IF you were able to reschedule that date with another customer, which would result in you being in the exact same position you would have been had the original client not canceled, you'd probably have to return your deposit, non-refundable or not. Or at least the portion you recovered with the rebooking. Because technically, the deposit was to protect you from loosing money by holding the date for them, and you ended up not loosing money. If you KEPT the deposit, you'd actually be in a BETTER position than you started, because you'd have their deposit and the new clients' money.

But the likelihood that any of our clients would take us to court over our deposits is slim to none, since they are smaller than the costs to bring the action in court. Just the mention of a "non-refundable deposit" is probably enough to prevent client breach.

Yea, my contract usually states that the deposit can only be refunded if another wedding can be scheduled for that day.

I've never had an issue with weddings personally yet. I usually try to keep in touch with the clients and work closely with them, meet with them etc. so by the time they decide to give me the deposit they are pretty sure they want me.

Now portraits, I've thought about starting to take deposits on. I haven't b/c I don't constantly shoot them, so I don't run into a lot of issues apt. wise; but I've had a few people cancel at the last second like it was a trip to the grocery store or something. It gets kind of annoying.

"non-refundable deposit" is a must for any contact , even verbal. Sometime I can give an option of using the deposit to book another show within 1-3 months

Tais-New York Belly dancer