Inquiry doesn't mean booked!

To many ads? Support ODJT and see no ads!
C

Capital Disc Jockeys

New DJ
Nov 5, 2006
1,202
4
58
Schenectady, NY
I received a phone call at 9:25 am Friday.

*Tim, this is Peaches (NOT her real name, I'm actually eating a peach :) )) where are you???? You're supposed to be here at 9 !!?? ** (Yes, special event the client had inquired..)

I happen to have all of my contracts on my van for the month of August. Nothing with her name nor date...She told me again whom she was, apparently she didn't think I heard her the first time.

Yes Peaches, I remember you and the date..But no contract...

**Whaada mean???? I booked you in May...**..

No, you INQUIRED in May. I tried to follow up with you...Nothing....I moved on..

Yes, she emailed me the contract..Again, nothing confirmed...Lil late now..

My point???

INQUIRY doesn't mean BOOKED!!!!
 
AlbanyAMS said:
......

My point???

INQUIRY doesn't mean BOOKED!!!!
Click to expand...


Just like I posted a few weeks ago with the angry letter from a daycare center.
 
I had one of those last year. Good thing they called me the week before to confirm. Confirm what I said. You asked if I had the date available and I said yes, let me know if you have any questions. Never heard anything after that. Good thing I saved her emails to show her.

Oh well, people need to be a bit more responsible.
 
That's sad. Client thought she had a DJ booked. :(

On the other hand, you don't wanna make the mistake we made some years ago ~ drive out to the venue to find that you aren't needed.

We did that once... took the word of a repeat client and drove out to the event site with contract in hand. When we arrived, there were some people hanging around. When we found the client, we were told we weren't needed.

Bear in mind we'd sent the contract months before. They never returned it. But the guy's wife was keeping contact. We expected to do the show.... just procrastination with the paperwork.

On the event date we loaded up the truck and drove out there... and drove right back home and unloaded it.

Never again.
icon13.gif
 
Fred same thing happened to me.

District Attorneys Office did that to me for a Holiday Event. It's about 3 days before the event and they ask for a Contract saying they wanted me to do the event. I specifically asked her if they were shopping for other DJs and her response was No. I figure the signed contract is held up somewhere. Show up at the event at the scheduled start time and I'm told that they got another DJ (Who still hadn't showed up yet) Packed our gear and headed out the door. Couldn't help laughing at myself considering how many events I have done and for how long to be caught in a rookie DJ mistake like that.

The only good that will probably come from that situation is if I am called for Jury Duty I might tell the Judge I don't trust the District Attorneys office because they lied to me. LOL

If they call this year they will get a additional built in inconvenience fee from last year.
 
This is a perfect example of why you should NEVER PRE-SIGN your contracts.

Example....You send pre-signed contracts to prospective client, you receive nothing back from them. (they may even tell you they went with another DJ)

The date of the gig comes & you are not there, client could sue you for breach of contract. They have a written signed contract from you.

In court it's your word against theirs...but they have it in writing!
 
we picked up a booking from another company like this Friday night this week. The other owner called me Thursday afternoon and explained he had a frantic client that thought he was booked for thier wedding. He had only spoke to her briefly 4 months ago, no contract was signed, but she was sure she was booked

Fortunatly we had someone available for her. I did a phone consultation with her to find out the details and the necessary songs and we managed to help her out
 
Bill Kexel said:
This is a perfect example of why you should NEVER PRE-SIGN your contracts.

Example....You send pre-signed contracts to prospective client, you receive nothing back from them. (they may even tell you they went with another DJ)

The date of the gig comes & you are not there, client could sue you for breach of contract. They have a written signed contract from you.

In court it's your word against theirs...but they have it in writing!
Click to expand...

If you have written in your contract that a deposit and or full payment is required to execute the contract and that has also never been sent to you then even a signed contract is useless.... I'm not saying they couldn't try to sue but in that event they would have to prove that they sent you payment that you received... therefore executing the contract and binding the two parties together... simply having a signed contract does not prove that they have a confirmed event.

If, your contract doesn't stipulate that money must be exchanged to confirm the contract and date and you send a signed copy of that type of contract you deserve to be sued.
 
jokerswild said:
If you have written in your contract that a deposit and or full payment is required to execute the contract and that has also never been sent to you then even a signed contract is useless.... I'm not saying they couldn't try to sue but in that event they would have to prove that they sent you payment that you received... therefore executing the contract and binding the two parties together... simply having a signed contract does not prove that they have a confirmed event.

If, your contract doesn't stipulate that money must be exchanged to confirm the contract and date and you send a signed copy of that type of contract you deserve to be sued.
Click to expand...

Client could claim they sent it & assumed you received it.

Bottom line?...they have a contract that YOU signed saying YOU would be their DJ on that date. I would imagine a judge may see it that way too. In court they have this contract, you have nothing.

The DJ could be setting himself up for problems sending out signed contracts..
 
Bill Kexel said:
This is a perfect example of why you should NEVER PRE-SIGN your contracts.

Example....You send pre-signed contracts to prospective client, you receive nothing back from them. (they may even tell you they went with another DJ)

The date of the gig comes & you are not there, client could sue you for breach of contract. They have a written signed contract from you.

In court it's your word against theirs...but they have it in writing!
Click to expand...

Thanks, Bill.... I actually WAS sending out signed contracts... Never had a problem but I was always a little "worried".
 
I've never presigned a contract and never will.

In fact only a handful of our contracts have gone out in the mail as most of them are signed face-to-face with the client.
 
Bill Kexel said:
Client could claim they sent it & assumed you received it.

Bottom line?...they have a contract that YOU signed saying YOU would be their DJ on that date. I would imagine a judge may see it that way too. In court they have this contract, you have nothing.

The DJ could be setting himself up for problems sending out signed contracts..
Click to expand...

I agree they could assume all they want to but unless they can produce a cashed check or certified check or credit card statement showing they paid me they'd have a hard time in court proving that they had held up their end of the contract...

That's why it is very important that your contracts be clear and concise on this matter... don't leave any gray area for them to exploit.

"Your event date is not secured until a signed copy along with the required retainer fee has been returned to our office."

"The remaining balance is due by 30 days prior to your event if this has not been recieved in our office within that time frame your event can be canceled without refund of any monies already paid."

That's not the exact wording in my contracts but it's pretty iron clad to say that even if sued the burdon of proof would be laid at their steps not mine. Signed contract or not.
 
Part of my contract, parts of which were inspired by Cap and validated by the ADJA's attorney:

• Time is of the essence with this contract. Please sign and return this document to us along with your non-refundable Booking Fee by 5:00 PM on (two weeks from contract date). If they have not been received as required, this contract is no longer valid. Your date will then be available for booking by the general public.

• The balance must be paid in cash, check, or credit card by (two weeks prior to event date).

• This contract may not be altered, canceled, assigned, or transferred without the consent and authorization of Rock Around the Clock. If unauthorized changes are made, the total contract amount shall remain due.
Click to expand...
 
Client sends us signed copy we sign original, file original and send back a signed copy usually scanned and emailed.
Also our contract language indicates that we are not "BOUND" until retainer payment is received PERIOD.
 
Client could claim they sent it & assumed you received it.

Bottom line?...they have a contract that YOU signed saying YOU would be their DJ on that date. I would imagine a judge may see it that way too. In court they have this contract, you have nothing.

The DJ could be setting himself up for problems sending out signed contracts..
Click to expand...

I send out every contract offer pre-signed and have done so for 24 years.

As pointed out - a contract is not perfected (see: http://legal-dictionary.thefreedictionary.com/perfected) until the required consideration has been paid and accepted prior to the specified expiration date.

The offer lapses on a given date, and I have further specified that a contract recieved after the due date can be accepted or rejected at our discretion. Thus, if you screw up your end of the transaction - you'll be left entirely to my will.
 
This is why I come on odjt! This conversation reminds me, and gives me ideas on my contract. I never sign a contract beforehand. I always meet my clients. "Smart" clients agree that a contract is the way to go!


Good call friends! Thanks!

Oh....the thing I am agreeing with is.......never is an "inquiry" a booking. And I also agree with being paid two weeks in advance! Then in court, it will show that the client upheld their side of the deal!

However...a judge could rule.....why would you pay before services are completed! Someone fill me in!

Personally I think a retainer fee is sufficient, but I dont see how paying before you receive services is right! I let my clients pay beforehand, the night of, or a few days after! 80+ gigs, and not one problem! However, you and I know, it will happen one day! I will then be on here, talking about my rookie mistake!

Thanks,
Adam
 
You must log in or register to reply here.
Top Bottom
Back