I would like to add a paragraph to my contract.

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Draft a complete company policy statement and place it conspicuously where anyone who cares can find it. You could even have it pre-printed on the back side of stationary used to print your contracts.

The nice thing about a company "policy" is that you can wiave any part of it at any time without waiving any rights in your contract.

My contracts look more like invoices, there are "terms" areas that basically define what has to happen for the contract to be valid, and when it can be broken, or how it is to be paid. Other than that there isn't really anything related to production in there except our right to substitute equivalent entertainmet, acts of God, liability limits etc.

All this sother stuff about how we do what we do is in a policy statement, and the contract only affirms that the customer is aware of the policy.

http://www.proformancedj.com/policy.html

This allows the customer a way to affirm exactly what to expect, and me the option of being flexible where I see fit.
 
I think Pro you are right. My biggest problem and also one of my best qualities is that I'm a nice guy and try very very hard to make everyone happy. At the same time making myself unhappy. With most of these women I'm not concerned on if I will get there info. But more of when, given my very busy full time job and my desire to give 120 percent to our business and our clients. Sometimes it can cause me to over work, tire myself out and get irradiated. I guess in reality its a little far fetched for me to assume everyone will be as dedicated to there event as I am.

People are what they are and there is no contract language that can change that. The best thing you can do for yourself is approach the job in the most flexible manner possible. By that, I mean letting go of our own personal "routines" and organizational habits that create unnecessary or extra steps in the preparation process.

For example, agents often provide me with a type written itinerary, planner forms etc, and these are great. I do that sometimes myself, and of course have to do it when preparing for other staff/crew. However, in my own bookings if time does not allow me to create all these neat & wonderful forms - I am perfectly comfortable working from my hand written notes, or no notes at all. Sometimes we can get caught up in the "rituals" of the prep work and forget how capable we actually are. We can get nervous simply becasue we didn't retype something ahead of time when in fact it's only impact on our performance is psychological.

Several weeks ago I had a wedding where the bride claimed to have emailed me her song selections and planner only a day or two in advance. On top of that - I never got the email. I had spoken to her earlier in the week and knew how busy she was. When nothing came as she had indicated I simply trusted that if there was something that really mattered to her she would have made the effort to notify me - just as I had followed up with her when I had nothing a week out.

I arrived at the wedding knowing NOTHING more than the bride and grooms name. 2 of the 3 songs for the ceremony I did not have, along with a couple of simple requests for later. There was no internet available at this site so I recommended two substitute selections very similar to what she had wanted and we were all good. The requests for later I foun on Youtube using my phone and played them from that. During the photos I collected the names & relations I would need for introductions, and songs for the formalities. The event was fine and I was tipped at least additional $100.

The fact that no one got uspet is a function of the mutual trust that gets established with people way back in the sales process. I say "mutual" because while we depend on customers to give us certain things; a client who feels "hounded" is in the position of not being trusted. They have to trust that I can work effectively with minimal guidance and supervision, and I have to trust that they can look after their own interests. My contract can do nothing about the latter. That part is entirely in their hands and my peace of mind comes from letting go and not trying to control what they will or won't provide me with.
 
I think Pro you are right. My biggest problem and also one of my best qualities is that I'm a nice guy and try very very hard to make everyone happy. At the same time making myself unhappy. With most of these women I'm not concerned on if I will get there info. But more of when, given my very busy full time job and my desire to give 120 percent to our business and our clients. Sometimes it can cause me to over work, tire myself out and get irradiated. I guess in reality its a little far fetched for me to assume everyone will be as dedicated to there event as I am.

True enough! I follow the same tracks as you do. Sadly, some don't care ot maybe they think that when you get there, we'll just go with the flow and it'll be just as nice as if there was a plan. I wonder about some of these people too. From our persepective, we can only control what we can control. Outside of that, whatever happens, happens. All we can do is try to be prepared for it when it happens.
 
I once met with a prospective bride that wanted to make sure that I would be able to track down songs during the gig that they & their guests may request (be able to go online & locate songs)

This was a red flag to me. I'm not a fan of "Stump the DJ".
During the gig, i am usually very busy & have no time to be surfing the web for songs that weren't important enough to request days before the gig.

This was just one of the things that convinced me to turn down their event.
 
I once met with a prospective bride that wanted to make sure that I would be able to track down songs during the gig that they & their guests may request (be able to go online & locate songs)

This was a red flag to me. I'm not a fan of "Stump the DJ".
During the gig, i am usually very busy & have no time to be surfing the web for songs that weren't important enough to request days before the gig.

This was just one of the things that convinced me to turn down their event.

You see it as a "red flag" (an affront to your way of doing things) while I see it as a valid question about your level of current and modern preparedness.

The bride wants to know if you're business is technologically relevant. Tracking down a song online is no more difficult than searching your own hard drive, therefore it's a valid question to ask if you are prepared to do so.

In this day and age - playing a song you don't have is as simple as plugging your web enabled cell phone into an aux input. There's really no excuse for not being able to play a given song anymore.
 
You see it as a "red flag" (an affront to your way of doing things) while I see it as a valid question about your level of current and modern preparedness.

The bride wants to know if you're business is technologically relevant. Tracking down a song online is no more difficult than searching your own hard drive, therefore it's a valid question to ask if you are prepared to do so.

In this day and age - playing a song you don't have is as simple as plugging your web enabled cell phone into an aux input. There's really no excuse for not being able to play a given song anymore.

So Sorry, Don't take Youtube requests anymore, or playing music from guest's phones. If I don't have something and it's not obscure, then its a bad one on me for not having it.

Also depending on area, you can be SOL for internet connectivity for those kind of items, so you can toss that argument out the window right meow.Better to have a large lib and keep your $hit up to date.
 
You see it as a "red flag" (an affront to your way of doing things) while I see it as a valid question about your level of current and modern preparedness.

This is so not about current and modern preparedness. There's no possible way you could have anything (online or not) that a person could possibly want. This is not realistic and setting your couples up to expect otherwise is on you.

The bride wants to know if you're business is technologically relevant. Tracking down a song online is no more difficult than searching your own hard drive, therefore it's a valid question to ask if you are prepared to do so.

The bride and groom could care less if your business is technologically relevant. They really don't care how you get the music, they just want it. It's up to you to enforce and follow the proper and legal avenues to fulfill such a requirement. When I get my car fixed, I don't care if you use normal wrenches or pneumatic ones. Just get it done. Same, same.

In this day and age - playing a song you don't have is as simple as plugging your web enabled cell phone into an aux input. There's really no excuse for not being able to play a given song anymore.

Plugging in your web enabled phone does not allow you to legally play said media. There are legal reasons to not play a given song anymore.
 
"To ensure the availability of any specific songs that you want played, That list must be provided to Bill Smith's Magic of Music 10 days prior to the event, or we cannot guarantee their availability that evening".

There is no consequence to the event, cancelling or not playing. It's a condition that lets them know, hey we want to know what you want played, but if you do not tell us we can't make sure we have it.

I do go over that, and of course you do get clients that do not abide. I simply call and hound and nag them, and let them know, "hey if I don't get that, I'll just play what I think works....and did I tell you that I really like the Macarena;)"

Usually get a quick call.

Do your best, that is all anyone can ever ask of you.
 
This is so not about current and modern preparedness. There's no possible way you could have anything (online or not) that a person could possibly want. This is not realistic and setting your couples up to expect otherwise is on you.

Excuses, excuses. This thread is about putting into your contract statements about what you can't, won't, or don't know how to do. As far as I know nothing of such negative sorts has ever been shown to inpsire confidence from your customers. (Might as well be the soup Nazi or Scotch Tape Store of DJs.)

When did we reach the height of "anything someone could possibly want" versus the very reasonable ability to retrieve a song we don't already have from an online source? If you are not capable of downloading a song while at a venue you are in fact woefully behind the times in this field. There's really no excuse left.

We have at least five ways to get our hands on a song today: 1. we already own it 2. the client already owns it 3. we can buy it at retail/wholesale 4. We can purhase/download it online 5. we can ask the artist directly

At one time or another I have successfully used all five methods.

The bride and groom could care less if your business is technologically relevant. They really don't care how you get the music, they just want it. It's up to you to enforce and follow the proper and legal avenues to fulfill such a requirement. When I get my car fixed, I don't care if you use normal wrenches or pneumatic ones. Just get it done. Same, same.

You wish! How do you suppose people will react to the stubborn old DJ of yesterday who insists: "I need 10 days advance notice to play requests" and even goes so far as to put it in the contract? MOst clients today will say: "N-E-X-T !!"

The reaction in this day and age is absolutely that you'll be seen as out of touch - no less the reaction than George Busch Sr got when he marveled at the "miracle" of supermarket checkout scanners.

BTW: I do in fact care what wrench the mechanic uses. The wrong wrench produces the wrong torque and can ruin parts, modules, and entire systems in modern automibiles. I don;t just want my car fixed - I want a mechanic who understands and is prepared to deal with today's technology.

Plugging in your web enabled phone does not allow you to legally play said media.

Ah... Yes, it does. Weddings (like most mobile parties) are private events and without any such restirction. Performed content at weddings is explicitly beyond the reach of U.S. Title 17. Let's not use ignorant falsehoods about copyright law to boost our ego or imply that there is something "special" about wedding DJs. Anything a bride can do at her private wedding you can do for her - for hire - and nothing about the law is changed by you being a "DJ."

There are legal reasons to not play a given song anymore.

Really? Please name just one.

I know of not a single legal reason that would barr me from playing a given song. I can think of reasons of taste, propriety, agreement, convenience, and/or priority - but not a single legal prohibition on the playing of any given song post release. In fact, once the song is published I can even re-record and distribute it under a compulsary license - so, from where in your hat are you pulling these laws about what can or can't be played at a wedding?

So Sorry, Don't take Youtube requests anymore, or playing music from guest's phones. If I don't have something and it's not obscure, then its a bad one on me for not having it.

Also depending on area, you can be SOL for internet connectivity for those kind of items, so you can toss that argument out the window right meow. Better to have a large lib[rary] and keep your $hit up to date.


I'll keep my arguments, thank you. It's not me anyway - it's the customers who will ultimately pass judgement on this "I can't be bothered integrating new technology" approach to service. If it doesn't matter or it's so impossible - then why are so many people asking the pertinent questions about online access to an expanded music source?

Do you really think Brides who can instantly download to thier own iPod or tablet; and who probably see four bars on thier own cell phone are likely to buy into phony "legal" arguments and claims that you can't get a signal? If you're going to put people off at least do it with a plausible excuse. :)

I'm surprised how many times customers so clearly verbalize their concerns only to have them discounted and ignored by DJs who claim to be sales professionals dedicated to quality service.
 
I may have to write my response all over again because my new integrated technology failed to keep me connected to the internet. Imagine if that was at a show. Yeah people won't be upset about that one.
 
"This is so not about current and modern preparedness. There's no possible way you could have anything (online or not) that a person could possibly want. This is not realistic and setting your couples up to expect otherwise is on you."
Excuses, excuses. This thread is about putting into your contract statements about what you can't, won't, or don't know how to do. As far as I know nothing of such negative sorts has ever been shown to inspire confidence from your customers. (Might as well be the soup Nazi or Scotch Tape Store of DJs.)

I totally agree with keeping this out of the contract. However, I see no excuses. Realistically, you CANNOT possibly have (or get) everything a person could want. I see a setting of real expectations. I'm not telling you what I can't play. I'm telling you if it's an important enough song to play, then identify it so I DO have it otherwise, if you ask for it and I do not have it, I'm not going online to get it. Plain and simple. I can fix your car with the tools I have - not I 'might' be able to fix your car. I'm setting real world expectations.

When did we reach the height of "anything someone could possibly want" versus the very reasonable ability to retrieve a song we don't already have from an online source?

The topic that came up was not the reasonable ability to get a song. Some statements could be interpreted to say that this means the ability to play anything, anytime, anywhere which is not in line with the reasonable ability to retrieve a song. Without identifying some media up front, your setting yourself up to have the expectation of anything, anytime, anywhere. Your next statement also defies this logic of reasonable ability.

If you are not capable of downloading a song while at a venue you are in fact woefully behind the times in this field. [/COLOR]There's really no excuse left.

I am plenty capable and have the tools to do it if necessary (and if they're working). If you choose to use a venue's service, this too can often be spotty. Why should I risk your show on 'integrating new technology'. If it fails, then I fail. No thanks. The risk outweighs the benefits. My customers are too important to me - and because they're important to me, I want to know what they want to hear. In the words of a wise one here, a failure to plan is a plan to fail.

We have at least five ways to get our hands on a song today: 1. we already own it 2. the client already owns it 3. we can buy it at retail/wholesale 4. We can purhase/download it online 5. we can ask the artist directly

At one time or another I have successfully used all five methods.

Notice all are legal methods and some of those may require identifying songs before you get to the show.

"The bride and groom could care less if your business is technologically relevant. They really don't care how you get the music, they just want it. It's up to you to enforce and follow the proper and legal avenues to fulfill such a requirement. When I get my car fixed, I don't care if you use normal wrenches or pneumatic ones. Just get it done. Same, same."
You wish! How do you suppose people will react to the stubborn old DJ of yesterday who insists: "I need 10 days advance notice to play requests" and even goes so far as to put it in the contract? MOst clients today will say: "N-E-X-T !!"

I do wish, but this is not one of my wishes. In 2+ decades of service, I have never lost a show over this - nor has anyone I know. I think this invalidates your 'most clients'. I'd like to know what your clients think when there is a must have song that you don't have and can't get all because you didn't prepare. Prior notice of certain items are a MUST. Other items are NOT a must.

The reaction in this day and age is absolutely that you'll be seen as out of touch - no less the reaction than George Busch Sr got when he marveled at the "miracle" of supermarket checkout scanners.

I've never been seen this way or been labeled as 'out of touch'. If anything, I am state of the art. Not downloading media 'on the run' does not make me out of touch. I pretty much guarantee that nothing online can interfere with the performance. Something you cannot guarantee if you are.

BTW: I do in fact care what wrench the mechanic uses. The wrong wrench produces the wrong torque and can ruin parts, modules, and entire systems in modern automibiles. I don;t just want my car fixed - I want a mechanic who understands and is prepared to deal with today's technology.

I'm fairly certain that you previously advise the mechanic of what symptoms the vehicle has and that you do not advise him or her what tools to use for the job.

"Plugging in your web enabled phone does not allow you to legally play said media."
Ah... Yes, it does. Weddings (like most mobile parties) are private events and without any such restirction. Performed content at weddings is explicitly beyond the reach of U.S. Title 17.

No it doesn't. You must be using media you are legally authorized to use if you are. Private parties DJ's are not required to pay royalties. That's about it. If you play copyrighted material that you do not have the right to play, you are not performing in a legal manner.

Let's not use ignorant falsehoods about copyright law to boost our ego or imply that there is something "special" about wedding DJs.

Ignorant falshoods? Please elaborate. I never implied that there was something special about wedding DJ's. What I did imply was that you are a business and as such, you are to follow some rules and should set some real expectations.

Anything a bride can do at her private wedding you can do for her - for hire - and nothing about the law is changed by you being a "DJ."

The bride is NOT a business and thus she may be able to do things you cannot do.

"There are legal reasons to not play a given song anymore."
Really? Please name just one.

The right to play it.

I know of not a single legal reason that would barr me from playing a given song. I can think of reasons of taste, propriety, agreement, convenience, and/or priority - but not a single legal prohibition on the playing of any given song post release. In fact, once the song is published I can even re-record and distribute it under a compulsary license - so, from where in your hat are you pulling these laws about what can or can't be played at a wedding?

Key word - license. You must have the right either by license or other similar manner.

I'll keep my arguments, thank you. It's not me anyway - it's the customers who will ultimately pass judgement on this "I can't be bothered integrating new technology" approach to service. If it doesn't matter or it's so impossible - then why are so many people asking the pertinent questions about online access to an expanded music source?

I have never met a customer that has passed judgement or drops me because I refuse to have an Internet connection at their show. Nor has any of the other DJ's I know. I have also not had 'so many people' ask about online access to an expanded music source. They ask if you have current songs or songs in particular. I have never had someone ask 'hey, do you have online access to ...' anything. What they want to know is can you perform my show. Can I, yes - and here is what I CAN do for you.

Other than the must have's, requests are just that - requests. They are at my sole discretion. Once again, I have never had a request make or break a show. A must have may make or break a show.

Do you really think Brides who can instantly download to thier own iPod or tablet; and who probably see four bars on thier own cell phone are likely to buy into phony "legal" arguments and claims that you can't get a signal? If you're going to put people off at least do it with a plausible excuse. :)

Considering I may not be using the same service you are, this could be an accurate statement and is a reality - to think otherwise would make you 'out of touch'. It has also been seen that you could have great signal and poor service on your phone.

I also know of not one person that owns an iPod, tablet, iPad or other that can guarantee me instant download (legal or other) from anywhere, constantly. There are lots of places where you CANNOT get service to do anything online. How are you going to satisfy your client then? Shall I assume that you're 'out of touch'?

I'm surprised how many times customers so clearly verbalize their concerns only to have them discounted and ignored by DJs who claim to be sales professionals dedicated to quality service.

My clients know that their concerns, requests and other are taken very seriously. I apply realistic definitions to them. I'm surprised that others are not.
 
Hold that thought! I am all out of Beer and Popcorn besides I need to take a whiz. yorofl:yorofl:yorofl:
 
Dave,

I would seriously talk to Cap if you want another DJs advice if any DJ wrote the Book hes the one in the know.
 
Dave,

I would seriously talk to Cap if you want another DJs advice if any DJ wrote the Book hes the one in the know.
I never knew that Cap was a Lawyer too. :trirolleyes:
 
Im mentioning him as he has great knowledge on the subject even as just a DJ unlike most forum Lawyers.
 
At the end of the day its got to be about client & dj being fair & reasonable with each other no matter how many clauses & conditions you put in there. Red tape is red tape.
 
He may not be a lawyer, but he's willing to share his vast knowledge and experience with others.
 
He may not be a lawyer, but he's willing to share his vast knowledge and experience with others.
At least He does not get beat up for it! Thats good!