Contract Verbiage with School

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J

JJDJ

New DJ
Dec 26, 2010
358
0
40
Northern Virginia
So one of the schools im working with for their 2011 Prom, I sent them my contract and they have an issue with one part of the verbiage in my contract.

JJDJ TAKES UTMOST CARE IN HANDLING THEIR EQUIPMENT. IN THE
EVENT OF ANY SEVERE DAMAGE ACQUIRED TO EQUIPMENT BY VENUE,
HOST OR GUESTS OF THE HOST DURING ANY EVENT, HOSTS
ASSUMES LIABILITY FOR REASONABLE REPAIR COSTS FOR SUCH
DAMAGES.
Click to expand...

I spoke with the Risk Management person today, because I wanted to understand their concern with that paragraph to see how we could make both parties happy.

Their concern is that the school isnt responsible if someone damages equipment, it would have to be delt with the parents of the student.

She also told me that since i have insurance they should cover damages like this. I explained to her that im sure they would, but I dont want to seek my insurance for deliberate damage. I gave her the example of if a student became upset with me for some reason and poured water on my laptop, they deliberely damages my property. Now if a student was to bump into a speaker and it fell over, thats an accident and accidents happen, then I would file with my insurance.

I know some DJ's dont like to share their contracts, but I was wondering if any of you would be willing to share your contract with me so I could compare it to my verbiage. (Email it to me if you'd like [email protected])

Also, How would you all suggest i handle this situation?

Thanks,
John
 
Honestly, I don't blame them. How can they govern or be responsible for the acts of a student, unless they wilfully allow it.

Protect your assets. You know what to expect at an event such as this.

Cordon your gear off with benches, tables on their side, rope...what ever. set up on a stage. Pay a couple of older kids to act as guardians to keep other kids away from the gear.

Want to freak the risk management people out? Put a "hold harmless",/Indemnifying agreement in you contract that basically states that if any one is injured at the event or any claims arise, the school will "hold you harmless" and defend any claims made against you....
 
Steve LeBlanc said:
Honestly, I don't blame them. How can they govern or be responsible for the acts of a student, unless they wilfully allow it.

Protect your assets. You know what to expect at an event such as this.

Cordon your gear off with benches, tables on their side, rope...what ever. set up on a stage. Pay a couple of older kids to act as guardians to keep other kids away from the gear.

Want to freak the risk management people out? Put a "hold harmless",/Indemnifying agreement in you contract that basically states that if any one is injured at the event or any claims arise, the school will "hold you harmless" and defend any claims made against you....
Click to expand...

Hey Steve, Do you not anything in your contract for damage to your gear? or am i the only one with this?

John
 
The only verbiage I have in mine is that if the client or one of their guests is acting in such a way as to endanger equipment or myself that I reserve the right to stop the performance until such time as the individual or individuals have ceased their destructive behavior and that it is the clients responsibility to control their guests. Ultimately making the client responsible for the actions of the attendee's...

Basically what you've done but in a more diplomatic way of saying the same thing.

"
  • Party of the second part shall be responsible for supervising the behavior of people attending the performance. If guest’s behavior becomes intolerable, and after calling this to the attention of the second party and said condition is not corrected, party of the first part has the right to end the performance without refund.
  • Costs of repair or replacement of equipment as a result of audience action, theft, or fire in the venue is the responsibility of the Purchaser. "
 
Steve LeBlanc said:
Honestly, I don't blame them. How can they govern or be responsible for the acts of a student, unless they wilfully allow it.

Protect your assets. You know what to expect at an event such as this.

Cordon your gear off with benches, tables on their side, rope...what ever. set up on a stage. Pay a couple of older kids to act as guardians to keep other kids away from the gear.

Want to freak the risk management people out? Put a "hold harmless",/Indemnifying agreement in you contract that basically states that if any one is injured at the event or any claims arise, the school will "hold you harmless" and defend any claims made against you....
Click to expand...

I don't -I have wording similar to Rob's regarding stopping of the performance......To me, regrettably this sort of thing is a "cost of doing business".

Ultimately, I don't think the sort of clause tou want or have holding the client liable for the acts of the guests will hold up in court anyway....

"Costs of repair or replacement of equipment as a result of audience action, theft, or fire in the venue is the responsibility of the Purchaser. "

Rob - this would never hold up in court....

If I were a client and saw this in a contract, I'd object to it as well....
 
I have similar verbage:
11 DAMAGE TO EQUIPMENT The Client agrees to be fully responsible for any damage to equipment used to provide the services agreed upon while said equipment is
situated on property owned or under the control of the Client, even by contract, except damage caused by the Performer.

Here is how I explain it when I am questioned about it...
I have no knowledge of your guests or control over who enters the party, that is your responsibility. Without this clause if someone causes deliberate damage to my equipment and runs and you refuse to provide their information I have no recourse. With this clause I have the right to obtain the guilty parties information from you or hold you fully responsible for your guest's action if you refuse to provide it.
 
Steve LeBlanc said:
I don't -I have wording similar to Rob's regarding stopping of the performance......To me, regrettably this sort of thing is a "cost of doing business".

Ultimately, I don't think the sort of clause tou want or have holding the client liable for the acts of the guests will hold up in court anyway....

"Costs of repair or replacement of equipment as a result of audience action, theft, or fire in the venue is the responsibility of the Purchaser. "

Rob - this would never hold up in court....

If I were a client and saw this in a contract, I'd object to it as well....
Click to expand...

Thankfully I've never had to test it... however it does give me leverage as Dobby pointed out should I need it.

And yes, it is the responsibility of the client to control their guests.... it'd be different if this were a party hosted by me and I was in control of the door.
 
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