First Contract issue ever with a client.

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Ron

Ron

DJ Extraordinaire
Jun 14, 2011
1,783
1,402
51
Charleston, South Carolina
www.rcbaudio.com
I am having the first ever issue with a client and contract. They mail me their songs selections, and a check for $50 less than the deposit.. no signed agreement. This was after our meeting about a month ago. I politely call them and let them know the date is still not held without a signed agreement and the full amount of the first payment. About 2 weeks later I follow up again and get tails of each of them being sick, etc... I finally get the remainder of the first payment and the contract back with them striking through sections and altering some of it.
The altered parts:
  • Should DJ become seriously ill; injured; suffer catastrophic equipment loss; death of a parent, spouse, sibling, or child; or other extraordinary Acts of God; nature or fate; the DJ agrees to take prudent actions to provide client approved alternative choice or the client may accept refund of all payments paid to DJ, less costs of time and material expenditures for event.
    Gets scratched out entirely and replaced with "DJ should refund entire amount"
    I had to drive over 2 hours round trip for our first meeting. I am annoyed but can write off the gas not problem.
  • Photography / Video Policy: Client gives the DJ and his staff permission to take photos before and during the event for their sole use. Photographs or video taken will not be available for sale.
    Gets an added sub-clause of:
    "As long as the DJ does not violate our contract or anyway hinder or cause grievance to the professional photographer we have hired."
    No how the hell am I supposed to know if I violate a contract they have not even provided me a copy of.
They were even nice enough to draw in initialization lines for me to initial these changes.
I think this is the first time ever I may return the uncased check with a written explanation how I can not in good faith sign a contract stipulating I do not violate a contract I have not seen nor signed with a 3rd party I have never communicated with. In all my years of doing this I have never has this situation come up. I have a potential gig I could still tap for this same day. When I met with them they seemed like such nice down to earth people, but over email and on phone they seem to be very slow responding and now with these contract changes I might have to let them go.
The total reception length is only for 2.5 hours. Second marriage for both. Both in their 50's. No special dances beyond their first dance together, and even asked to cut that song in half. Really should be a cushy gig, all they want is laid back easy listening music from country, to soft rock, all lite and airy stuff; but just getting some bad vibes on this one.
Will think about it more in the morning.
 
Ron,
For years now on this Forum we have gone over the Photograph Permissions Issue. A Client cannot legally waive the rights of their guests to have you take their photos and publish them. It is a private Event. There is an expectation of privacy. The exception is a Professional Hired Photographer who would usually take posed photos and candid shots. You on the other hand are the DJ not the Photographer. Did an Attorney write that Contract or did you do it yourself? Maybe this is why your Client felt the right to modify it.
Articles in a contract can be added, deleted or modified with the consent of both parties. Without the consent of the whole contract, there is no Contract. I ask verbal permission when I am taking photos at an event and I try to be discreet. So far nobody has objected but I try and get distant shots or blur the faces when posting if I feel the person may object.
 
Ron, you can easily ask for a copy of the photographer's contract, or better yet contact the photographer. It might just be one of those photogs who are nutso about other people taking pictures. At the same time, it could just be a couple wanting to make sure they get the professional shots they want. Along with that, odds are they've been to or heard of DJs with cameras who get in the way of a photographer and want to avoid the situation all together.

With the refund of monies, that's a question better suited for an attorney because that might be a very gray area.

Houston, in this day and age and depending on the state, a client can allow the use of pictures from an event without their guest's approval. The reason for this is the guest is going to an event where it is common knowledge and there is an expectation of cameras to be present and pictures will be taken, either by guests, a photographer or other vendor. Laws vary from state to state, but there are at least a few guidelines. Try not to take shots where individuals can be identified. Avoid minors, or make sure to blur out their faces in the editing process.
 
My contract has been reviewed by legal counsel. Truthfully like I said I can deal with the refund, I can deal with not taking any photos. What concerns me is the modification of my contract without any discussion prior. Like they just assume I will accept their new demands. This is not ego this is foreshadowing or how they might start expecting other changes or the level of difficulty that they may bring to the table. The question I am asking myself is for the price I gave them (yes it was discounted, because the time frame is smaller than the smallest timeslot I usually play for) am I willing to tolerate it. On the other hand, these people live in a very exclusive community, if they like the service and their guests like it, it may lead to more referrals.
 
One of them may be in business .. not uncommon to do that. You have the option of striking their add(s) and sending it back for approval if there is a valid reason. My guess is they were getting pressure from their photog .. since that language wouldn't normally be on someone's tongue.

And take it as a compliment that they want you and only you (but remind them it means if you can't make it, they are on the hook to find someone else, not you).
 
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First off, is it a prime date (easily fillable) or is it a hard to fill date? Next, how bad do you need the money?

Based on what you've said, I say you're in the driver's seat. You have their deposit money and they're trying to play hardball over the contract. They did it in the wrong order. If they wanted to haggle about the contract, they should have done it before giving you the money. You are in a position of power. Either negotiate the items in question or require a signature on a clean contract. It's your call either way. If they don't like it you can let them know they can go elsewhere and, oh yea, they forfeit their deposit.
 
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I wouldn't initial handwritten amendments to your contract. If you'd like to roll with their additional terms, type up a new contract, with a nice letter indicating you have updated your contract more to their liking, and get that signed. Don't cash the check till you are happy with the contract. If you don't like the attitude they are sending, simply return their check with a polite letter that you can't accept the contract terms. fwiw, if we are unable to perform for some reason I would expect to refund 100%...my costs in securing a contract I couldn't fulfill shouldn't be their expense, that should be mine.
 
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Val made a good point. If I couldn't fulfill my contract I also would refund entirely. This is also spelled out as such in my contract. Now as for them striking through, I've had a couple of schools strike through the cancellation clause, somehow thinking that if they did so it was impossible for me to not perform. While I certainly didn't voice it, it's my impression they were being quite naive. It's much better to have the situations spelled out rather than just close your eyes and pretend it can't happen.
 
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Ron,
Until you have a signed Contract by both parties you nor they are committed. You CANNOT keep that deposit. Everything you do, such as site visits, meeting with prospect etc, prior to receiving a mutually signed Contract and deposit, is your cost of doing business. I second what Val has suggested above. To add, if you get the Gig, if I were you, I would skip taking ANY pictures.

Lastly, look up the Laws/Statutes, in your State, governing taking photos of people to publish, at a Private Event without their Individual permission.
 
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Thanks to everyone for their input.
ahoustondj said:
Ron,
Until you have a signed Contract by both parties you nor they are committed. You CANNOT keep that deposit.
Click to expand...

Oh I would certainly not keep the deposit if I do not sign the contract, deposits are only forfeited if the contract is signed and they cancel.
 
OK, sent them this response yesterday, let's see what happens:
XXXX / XXXX,

I have received the remainder of the deposit amount and the altered contract. I know we discussed the photographer during out visit, but I cannot sign a contract altered stating
"We have a professional photographer. she has some guideline... as long as guidelines do not cross_____" initial and date

Without knowing her "guidelines" I could easily and unknowingly cross one or more.

During our meeting I had assured you I have always worked well with photographers and never had an issue, I have never had to alter my contract with my clients in regards to their contract with their photographer. My primary purpose of taking photos is for marketing by showing them on my website (ie: guests at events enjoying themselves at events I provide music for by dancing, singing along or just enjoying the musical selections). This is also one of the reasons they are not for sale, since they are for advertising only and not done at a professional level.

This seems to be getting more complex than it really needs to be. I see a couple of options and would be happy to accommodate as needed:
  • Please provide me a copy of the photographers contract with their contact information. (After review I will adjust the agreement if needed and resend.)
  • Contract Stands in original format (I will send back an original copy for re-signing without the handwritten edits)
The sent checks will not be deposited until we have a co-signed agreement in place. I would really like to get this resolved and confirmed as soon as possible. Let's set a firm deadline of October 10th for the new agreement to be firmly in place.
​
 
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Sounds good to me.. if i were you i just would take pics of your setup.. well beforehand.. and not take any pics of the dancing or anything..
 
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I'm sure if you researched that photographic clause more deeply, it would be tossed out as invalid thus non-binding, even if the customer agrees and signs.

In that case, it would be prudent to have a clause (which I'm sure you do if it has been approved) that one invalid clause does not nullify the entire agreement.

For example :
XXV. Partial Invalidity. If any provision of this Agreement is held to be invalid or unenforceable, all other provisions hereof shall nonetheless continue in full force and effect.
Click to expand...
 
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Try this:
DJ will not knowingly violate client's contract or anyway hinder or cause grievance to the professional photographer client has hired
 
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Whatever happened to simple contracts? You pay me I DJ.
 
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Ron, after giving this some more thought, I think that perhaps the best approach is just to drop it and let them strike the portion of you taking pics from their contract. It's simply not worth throwing away a gig in order for you to get promo shots. My best advice would be to let the strike stand, then just take your pics anyway. Just stay out of the photog's way and if he/she wants to get pissy at the event, put the camera down. If the client comes back after the fact and doesn't want you posting them, they have to issue a Cease & Desist notice before any kind of action is taken.

Now as for them striking the cancellation clause, I think that's pretty bone-headed of them anyway.
 
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