Contracts: Deposit Terms

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Harryoke

New DJ
Dec 22, 2006
681
2
61
Central FL
I am pretty good at writing contracts, but I was curious...

1. What policies are all of you using for your terms on deposit returns in the event of cancellations, etc? What language do you use and what is your policy in regard to the deposits, or "booking fees"?

2. When is a deposit refundable and when does it become un-refundable?

3. What percentage of the total, or what amount, do you require as a deposit?
 
Harryoke : Are you booking your "services" or are you booking the exclusive "date & time" reservation? Contract wording would be different in each case.

Contract verbiage reflects business policies. Until it is known what your policies are, what you're willing to give and take, and how far you're willing to go for enforcement, only then will the entire document evolve as a single cohesive contract as opposed to a bits and pieces mishmash.

Here's an example:
3. What percentage of the total, or what amount, do you require as a deposit?
The payment at contract signing doesn't need to be a fixed percentage and sometimes can be seasonally adjusted to keep cash flow smooth.

For example, during the first quarter of the year here in the Northeast, performance numbers are less than prime second and third quarter months. Cash flow is less. By increasing the payment amount due at contract signing for those contracts issued during the first quarter, cash flow can be improved for those lean months and yet the lesser final payment amounts due during the busiest month evens it out. Then conversely, contracts issued during the prime quarters can have a lesser amount of payments at contract signing thus allowing for larger final payments during the lean months. It's a business practise that takes a few years of experience to manipulate with accuracy.

Having good records and personal business trending greatly assists in coming up with a workable number to plug-in for that first payment.

This now leads to question#2:
2. When is a deposit refundable and when does it become un-refundable?
Notice in the example above, no mention was made of a deposit or booking fee or entertainment charge or anything else cleverly evolved from the non-legalistic inclined mobile DJ community. Everything in a well rounded contract regarding money can easily be called a "payment" whether for services or exclusive date and time booking philosophy. Very simple and very straightforward...a payment.

Some folks allow for multiple payment points during the life of the contract. But each is called a payment, nothing more, nothing less.

Then, when the contract clearly states in its own stand-alone clause:
VI. Payments are not transferable, not assignable, nor refundable. A fee of $30.00 is charged any returned bank checks.
you can see the wide ranged implications and value of calling all monies collected...payments.

Hope this helps a little.

Regarding the first question,
1. What policies are all of you using for your terms on deposit returns in the event of cancellations, etc? What language do you use and what is your policy in regard to the deposits, or "booking fees"?
Based on the explanation of 3, then 2, now leads back to question 1 : Once a payment is defined, how much, and when due, once received, it is NEVER returned at least in the context of the contract.

If you expect to be paid in full 90 days before the event should the client cancel, then demand FINAL PAYMENT 90 days before the event. Now you have the money and they have to come and get it. Any other way, they have the money and you have to go get it. And there's why the vast majority of mobile DJs chicken out in enforcing their own contract while verbalizing some lame excuses about reputation damage or fairness or blah blah.
 
Definitely interested in Cap's take, but hoping to hear from everyone, or a large percentage. If we are working DJs, we must have a policy...

This is just my opinion, and it may be a little slanted, but one's own working policy should depend on one's own business practices. In other words, what may work for one person's business may not work the same for another.

Personally, I think Cap's explanation is on the money. I look to him as a leader in our industry.

He commented on a post I made earlier this year about my contract that I send out to prospective clients, and even though we may not have agreed on some of the terms written into the document, we both know that if a certain business practice works for your company and is within the context of the law, then heed the old adage "If It Aint Broke, Don't Fix It".

I do agree with his statement "Retainers are NON-REFUNDABLE".

Remember, when a potential client signs on the dotted line, and "pays" you a sum of money for your services, they are locking you in for a performance date and time. How you word your contact as to payment terms is key.

I am going to direct you to one of our members' (ProFormance) website for terms that they employ in their business practices when it comes to cancellations: http://www.proformancedj.com/policy.htm#CANCELLATION

I hope this helps somewhat.
 
1. What policies are all of you using for your terms on deposit returns in the event of cancellations, etc? What language do you use and what is your policy in regard to the deposits, or "booking fees"?

Please find enclosed a Word doc of our service agreement. It's not perfection but it serves us well.

2. When is a deposit refundable and when does it become un-refundable?

As I understand the terminology, a "deposit" is always refundable. A "retainer" is not. To offer a recent example of this, one of the photog companies Shirl knows had a recent cancellation. The client wants her "deposit" refunded. The photog's contract uses the term deposit, yet is trying to get out of refunding. I don't hold out much hope for 'em but I wish them well.

3. What percentage of the total, or what amount, do you require as a deposit?

Our retainer fee is $200.00 or 25% of the total payment contracted, whichever is greater.

Thoughts?
 

Attachments

  • Formal Sample.doc
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My contract says the RETAINER is "refundable".....but then goes on to state that the refund is made only if the same date and time is re-booked. 60 days before the event, the retainer is only refundable at MY discretion. (ie.....military deployment, death of Bride or Groom, would be reasons to give a refund at my discretion).

We take $200 up front as RETAINER, with the balance paid at the event.

For example, we had a cancellation last year (groom got cold feet).......and they sent us Written Notification 63 days before the event date.

Unfortunately we couldn't re-book that date....but we will apply their retainer to ANY future event, within 3 years.