Thread: does this seems unreasonable?

COMPENSATION
Client shall pay Artist the sum of $100.00 as a non-refundable retainer and the sum of $150.00 as compensation for and upon completion of Artist’s performance. Please make check payable to
EQUIPMENT
Client shall provide system for playing CD Artist shall provide CD, costume, and any necessary props.
DISPUTES
In the event of any and all disputes that may arise between Client and Artist regarding the terms of this Agreement, the prevailing party shall be entitled to recover attorney fees in addition to any damages.
Executed on the 27 day of June, 2011

Sorry---i twitched.
this contract was made by my friend. I have used it for awhile. The client is self employed( might have bearing on the response?). I think my homeowners insurance will cover me---am i crazy? no one has ever questioned the attorney clause before. If i got sick ---I would find her someone else for the party. Not sure what to do. The party is August 6th.

she sent me this message:
I went through the contract and I have a few questions. I would like to be refunded my deposit should you cancel the agreement due to any unforeseen event. Also, do you have insurance should something happen to you (if you should fall etc...)? In addition, I will not be willing to pay your attorney fees should a dispute arise. I think this is it. Please provide your response and hopefully a new contract with the requested changes. I will then sign the contract and send the check to you.

clarifying question: are you asking if it seems reasonable or if people have suggestions?

If it's the former, I think it is reasonable.

If ti's the latter, I would say to the client, I'm sorry my attorney will only allow the following amendment: If the dancer cancels (because reasonably, they can expect that YOU show up, and if you don't, you don't necessarily know that the substitute would be acceptable to them) you would refund the deposit.

I wouldn't trust the client to pay you the full amount based upon her objection, and I'd refuse the gig.

That's not to say that you should do that, just IMO I'd rather stay home than argue with a client about my time, but I have a full time job and don't need dance to pay my bills (much as I'd prefer to be a full time dancer)

Anyone who is already causing problems will only cause bigger problems later. I would suddenly be busy that night.

I agree with Jemileh. Wanting her deposit back if you cancel on her seems reasonable to me, but the insurance query seems downright weird. I don't think homeowner's insurance does cover injuries, unless it is coverage against being sued by someone who injures him- or herself in your house. It sounds kinda like that is what she's worried about.

I do dance full time, and I would also probably turn down this gig. I'm also going to steal Jemileh's suggested wording if this situation arises for me.

My dance partner and i agreed that the dispute clause was sorta scary---since i consulted w/ a few friends who do not have it in their contract. So i took it out and said the deposit would be kept by me if she cancelled the party. If i cancelled, i would return it.


She said she will now send the check.

that dispute clause is just there---not sure if anyone else ever reads it. Since this woman is someone who found me at the restaurant that i perform at, I wanted to see if i could resolve amicably.

Now my friend and i have to brush up on our previous routines!!!

I also told her that my friend and i have our own medical insurance--- i guess that covered that part.

I think you were right to resove it amicably - the attorney in me thinks that her requests were very reasonable.

It's definitely fair for you to return the deposit if you cancel. This is the language I have in my contract for that:

Should cancellation by the employer be necessary, if cancellation occurs at least two weeks (14 days) prior to the event, deposit shall be refunded. If employer cancels less than two weeks (14 days) prior to the event, deposit shall be forfeited to the artist. Should cancellation by the artist be necessary, the artist shall make every effort to arrange for a comparable substitute. If no substitute is desired by employer, artist shall refund deposit in full.

Also, it's a legit question to ask if you carry liability insurance. All dancers should and many venues require it. It's more for injuring someone else during your show than it is for injury to you - if you drop your sword on someone's foot and break their toe, the venue and/or the client won't want to be responsible for those medical expenses. Since you are not an employee of the venue, their insurance probably won't cover you. And if you don't have insurance, the injured person will go after the party with the "deepest pockets" which will likely be the venue instead of the bellydancer.

As far as the attorney's fees clause - that's a standard clause for contracts but in this case, since the amount in controversy would be less than an average billable hour for an attorney, it's not likely you would get to that point. if you want some sort of dispute clause in there, I'd suggest something that states you will submit to arbitration and agree to abide by whatever the arbirator decides. Arbitration is much cheaper than court.

thanks!!

Originally Posted by danielabellydance

Also, it's a legit question to ask if you carry liability insurance. All dancers should and many venues require it.

This is an excellent point, and it's not very expensive. I get mine from Sadler Sports - it doesn't cover injuries to me, but to any audience members or students where I am teaching or performing.

My contract states that if I cancel and cannot provide a substitute, the deposit is refunded. If the client cancels, the deposit is mine to keep.

"Client shall pay Artist the sum of $100.00 as a non-refundable retainer and the sum of $150.00 as compensation for and upon completion of Artist’s performance."

I have this info more as bulleted points. For example:

Total Fee: $250

Deposit: $100 due by: *date* (then I talk about under what circumstances a deposit is refundable)

Amount due upon completion of performance: $150 (and then I specifty how payment is made)

Deborah

Originally Posted by danielabellydance

... Also, it's a legit question to ask if you carry liability insurance. All dancers should and many venues require it. It's more for injuring someone else during your show than it is for injury to you - if you drop your sword on someone's foot and break their toe, the venue and/or the client won't want to be responsible for those medical expenses. Since you are not an employee of the venue, their insurance probably won't cover you. And if you don't have insurance, the injured person will go after the party with the "deepest pockets" which will likely be the venue instead of the bellydancer.

Daniela, Aslahan (below) says she has insurance, and I'd like to hear more about it from you as well. All of the DJ's I know carry insurance, but most of the dancers I know (even the really whiz-bang, top 'o the heap, business-minded ones) look at me like I'm spitting green foam if I ask if they carry insurance, and most have never heard of such a thing. It's also hard to find insurance firms that supply such a thing.

Originally Posted by Nabila-Nazem

Daniela, Aslahan (below) says she has insurance, and I'd like to hear more about it from you as well. All of the DJ's I know carry insurance, but most of the dancers I know (even the really whiz-bang, top 'o the heap, business-minded ones) look at me like I'm spitting green foam if I ask if they carry insurance, and most have never heard of such a thing. It's also hard to find insurance firms that supply such a thing.

Sure, I actually get mine from Sadler as well Sports insurance quotes, liability, accident

I've been very happy with them over the years, I also use them for all my big events. They are inexpensive, and very responsive - you'll get your certificate issues in a few days.

I never thought about carrying insurance until a client told me her venue wanted proof that I had it, and I didn't. She ended up buying event insurance for her party, which covered me, but I realized that this was probably something I should have. Most venues don't care about it, but the bigger venues that are used to many vendors for weddings and such typically do want all of their vendors insured. They might just assume you have your own and not ask for proof (because pretty much all vendors in the wedding industry do carry insurance), but I've had several occassions since then that I've had to supply my certificate of insurance to the venue prior to performing.

But all dancers should carry it to protect themselves, too - not just to satisfy the venue. Especially if you dance with swords or candles, but even if you just get people up to dance with you. In our litigious society (and I say this as a lawyer!) people are looking for any chance they can to sue. Let's say you get someone up to dance with you, and they slip on the edge of your skirt. They might not even fall all the way down, but three days later they'll claim that they haven't been able to move since then because they pulled a muscle and threw their back out because you "negligently" left your skirt too long and they tripped on it while dancing (which YOU convinced them to do, of course! So, you had a duty to keep them reasonably safe since you FORCED them to get up, and you breached that duty with your long and dangerous skirt! )

Most likely you don't have enough money to make it worth their while to sue you. So they will go after the venue, which is why the venue cares if you have insurance. But let's say you own a house....well, then, you just became a very attractive defendant. And now your house is on the line.

Yeah, it's better to be smart and just get the insurance!

Question for Daniela, Esq.:
Is there any particular reason why you went with "employer" in your contract language rather than "client" or equivalent? I'm curious because as an independent contractor/sole proprietor in both dance and my other career, I've always been advised to avoid any language that would imply an employer-employee relationship as distinct from contractor-principal.

Originally Posted by Suzana

Question for Daniela, Esq.:
Is there any particular reason why you went with "employer" in your contract language rather than "client" or equivalent? I'm curious because as an independent contractor/sole proprietor in both dance and my other career, I've always been advised to avoid any language that would imply an employer-employee relationship as distinct from contractor-principal.

No, I actually got a template from another dancer years and years ago and just kept the basic language.

Good point about the independent contractor status - "employer" isn't totally accurate. Although I wouldn't worry about the language alone creating an employer/employee relationship - there's a lot more to that kind of a relationship that must be present, and contract language isn't enough to change the status. But I should probably change my contract, just to be consistent!