I don't use floor subs anymore, but when I did, I made some shallow pyramids out of luan and painted them black. You're right not to give them space.
Is there an industry that demands more from it's clients then the DJ industry?
- Thread starter Steve LeBlanc
- Start date
I don't think the DJ industry in general asks more of it's clients than other indutries do.
If you look at most rental agreements, you'll see 10 pages of print downsized to the back of an agreement that basically states that if the equipment is damaged in any way during the rental time, the client is responsible.
In addition to renting equipment, they are hiring us to provide a talent to run the event and the equipment. Agreements like this require clear statements to cover the "what ifs". Basically, it's covering what if the client cancels and/or what if the talent can't make it.
As stated, a good agreements protects both parties against unforseen circumstances. A one sided agreement, either way, is not good for long term success.
If someone knows of any industries that provides equipment and/or personel for events and generally doesn't have agreements like this, I'd like to see it.
I was on vacation once. My friend was driving a rental car. We were hit from behind. not my friend's fault at all. The driver provided a fake insurance card. They were cited for the accident, but per the fine print on the agreement, since the insurance company was unable to collect the damages from the at-fault driver, my friend had to pay for the damages to the car while he was renting it.
If someone rents glass center pieces that cost a few hundred dollars a piece and some come back broken or missing, should the renter be able to collect? Should they have to find out exactly who broke or took them? or is the person that rented them responsible?
If you look at most rental agreements, you'll see 10 pages of print downsized to the back of an agreement that basically states that if the equipment is damaged in any way during the rental time, the client is responsible.
In addition to renting equipment, they are hiring us to provide a talent to run the event and the equipment. Agreements like this require clear statements to cover the "what ifs". Basically, it's covering what if the client cancels and/or what if the talent can't make it.
As stated, a good agreements protects both parties against unforseen circumstances. A one sided agreement, either way, is not good for long term success.
If someone knows of any industries that provides equipment and/or personel for events and generally doesn't have agreements like this, I'd like to see it.
I was on vacation once. My friend was driving a rental car. We were hit from behind. not my friend's fault at all. The driver provided a fake insurance card. They were cited for the accident, but per the fine print on the agreement, since the insurance company was unable to collect the damages from the at-fault driver, my friend had to pay for the damages to the car while he was renting it.
If someone rents glass center pieces that cost a few hundred dollars a piece and some come back broken or missing, should the renter be able to collect? Should they have to find out exactly who broke or took them? or is the person that rented them responsible?
Mike : The key word in the clause above is "the results of". If Joe Drunk dumps a toddy (accidentally or on purpose doesn't matter) on to your power strip/conditioner and the resulting damage renders you or your system(s) incapable of performing your/its functions, you have every contractual right to demand event payment as well as restitution for damage. The clause as stated above clearly defines what happens as "the results of" that damage should it render you unable to continue. You're 100% covered.
Here's something many seem to miss or fail to grasp. The contract gives the injured party the power, authority, AND the discretion to enforce or not.
For example, a best man drops the mic and it breaks. You have several backups, it was at the end of its career, the best man is repentant, and offers to pay. You decline his gracious offer. Contractually, somebody could be forced to pay but the decision not to enforce was made. In their eyes, you have gone above and beyond expectations. That's a good thing.
Same scenario, but the best man throws the mic to you across the room about a foot too high and at 94 mph on the jug gun, then busts your chops for having bad hands, and then makes no effort to apologize, while laughing his buttocks off. Oh yeah, my friends, he's going to pay.
Having the rights (and wrongs) spelled out gives the power and control needed for each party to insure success. It also gives each party latitude to go "above and beyond" such as some incidental approved additional time at no charge (you for them) or a nice fat tip (them for you).
Here's something many seem to miss or fail to grasp. The contract gives the injured party the power, authority, AND the discretion to enforce or not.
For example, a best man drops the mic and it breaks. You have several backups, it was at the end of its career, the best man is repentant, and offers to pay. You decline his gracious offer. Contractually, somebody could be forced to pay but the decision not to enforce was made. In their eyes, you have gone above and beyond expectations. That's a good thing.
Same scenario, but the best man throws the mic to you across the room about a foot too high and at 94 mph on the jug gun, then busts your chops for having bad hands, and then makes no effort to apologize, while laughing his buttocks off. Oh yeah, my friends, he's going to pay.
Having the rights (and wrongs) spelled out gives the power and control needed for each party to insure success. It also gives each party latitude to go "above and beyond" such as some incidental approved additional time at no charge (you for them) or a nice fat tip (them for you).
djsarge
Mac Daddy DJ
Well there's an easy way to do that, just hire him sometime. He will gladly give you a copy of it.
Wait a sec.
In all "Cancelled event, do I charge them for the balance" threads, you typically say something like "You either always enforce your contract or a judge can invalidate it."
What gives?
I can't believe I got Thank You's for that post.mmmm... donuts!
---
The Following 3 Users Say Thank You to DJ Teddy Bear For This Useful Post:
Is this better Cap?
In my opinion it appears.....................
So now it's not fact, but my opinion.....
So your thoughts on the original question?
Well actually ...it isn't the parents, unless your state has an "absolute liability" clause or you can prove the parents negligence caused the damage.....Good luck, especially if there isn't rentors or homeowners insurance...
So the drunk guest spills beer on your lappy...Why is the client responsible?
Cap - and here is my point...You have every right contractually to be paid, what does the client get? Zero...
Why would you think the client owes you restitution. In civil court, but for your contract, the client wouldn't be liable.
If your system fails for some reason, you can't get back up going, or you take ill and have to stop (with no replacement)is it stated in your contract that you owe the client all of their money?
I would say the client is responsible for the actions of the guests that they invite. If the guests trash the venue and run out who is the venue going to look for. I've seen this happen too, some classmates at a 10 year reunion, got drunk started being a pain. The bartender cut them off, they got pissed and trashed the restroom, breaking mirrors, toilets, and towel holders, and left, hopefully with someone else driving. The venue managers came in and rounded up the person that had signed their contract. I saw them signing a couple of papers, so to me it looked like they were being held responsible, and it would be up to them to get the funds back from the jerks that caused the damage.
It is in mine it says I will perform from time a to time b, if I don't and it is my, or my gears fault, they don't owe me anything, except maybe a partial payment depending on the time remaining at the time of the failure. If it is 5 minutes till shutdown time, most rational people would let it go, but 5 minutes after starting, everything is refunded, and I would almost expect them to come after me for more since I ruined their event.
This is why I have backup equipment BTW. I've had equipment failures, switched out equipment and never stopped the music except 1 chn, when a subwoofer fried.
DJ Teddy: Wearing your little brother's skivvies again? Seems those shorts are back in bunch again. Try some of Steve's recommend chill out yoga. Steve should try some of his own yoga. View attachment ani-rofl.gif
Yes, in terms of terminating an entire agreement, it is wise to enforce the contract so as not to set a business precedent. If one should vary from that enforcement due to extreme and extenuating circumstances, it being well documented for future inquisition, it had better be for something other than laziness, or the lamest of all non-enforcement excuses...getting a bad reputation!
The example used above ( the thrown mic ) was in response to Mike's damage clause and possible alternative logic.
No need to spin my wheels trying to convince stones they are sponges. The information is offered for consideration and considerately asked questions are welcomed.
Steve:
Yes, in terms of terminating an entire agreement, it is wise to enforce the contract so as not to set a business precedent. If one should vary from that enforcement due to extreme and extenuating circumstances, it being well documented for future inquisition, it had better be for something other than laziness, or the lamest of all non-enforcement excuses...getting a bad reputation!
The example used above ( the thrown mic ) was in response to Mike's damage clause and possible alternative logic.
No need to spin my wheels trying to convince stones they are sponges. The information is offered for consideration and considerately asked questions are welcomed.
Steve:
In this case then, to be equal, the DJ should not lift a finger or spend one moment of their time until being paid. No forms. No music prep. No travel. No equipment purchases. No conversation. Nothing that involves time, materials, or expenses until compensated.
G
Guest
Guest
If your contract is more than a single page and less than 10 pt. lettering it is already to long.
Although lucrative for me I was doing gigs for UVA uo until last year but the contract and riders (from UVA and I had to sign theirs to work) were 20 pages long. All of last year I turned down gig after gig from them and explained to them that I wasn't signing any contract that was two or more pages in length.
Generally you can depend on a lawyer to screw something so simple up so badly that it doesn't protect you or the client. Plus UVA had their law students combining their collective brains and coming up with the most convoluted contracts I have ever seen.
Suddenly this year I am once again taking UVA gigs! The contracts are now a single page in a type size I can read without a magnifying glass, there is a second page which is their rider.
I feel as a DJ if you can't put enough in a single page contract to protect yourself and equipment then you really need to find yourself another job or start calling yourself a sound company, because if you need that much of a contract a DJ you ain't!
Although lucrative for me I was doing gigs for UVA uo until last year but the contract and riders (from UVA and I had to sign theirs to work) were 20 pages long. All of last year I turned down gig after gig from them and explained to them that I wasn't signing any contract that was two or more pages in length.
Generally you can depend on a lawyer to screw something so simple up so badly that it doesn't protect you or the client. Plus UVA had their law students combining their collective brains and coming up with the most convoluted contracts I have ever seen.
Suddenly this year I am once again taking UVA gigs! The contracts are now a single page in a type size I can read without a magnifying glass, there is a second page which is their rider.
I feel as a DJ if you can't put enough in a single page contract to protect yourself and equipment then you really need to find yourself another job or start calling yourself a sound company, because if you need that much of a contract a DJ you ain't!
G
Guest
Guest
My experience, from what I've seen and read on multiple boards (not a statement of fact.....let's make that clear) is that for the most part dj's design contracts to protect them, not necessarily the client.
What percentage of your contract deals with rights and recourses of the client versus what the DJ's rights and recourses are.
Is there anything wrong with that? Perhaps not....That being said, as a potential client; after reading a contract; am I going to say "I just wanted music for my event".....
If that's not the case: prove me wrong; I welcome it
What percentage of your contract deals with rights and recourses of the client versus what the DJ's rights and recourses are.
Is there anything wrong with that? Perhaps not....That being said, as a potential client; after reading a contract; am I going to say "I just wanted music for my event".....
If that's not the case: prove me wrong; I welcome it
Cap - I guess it depends on what you define as the service you offer....preparation, travel, set up....versus entertaining at the actual event.....
Does pre-planning benefit you or the client? Does it make you a better service provider?
What proportion of value would you place on the actual pre-event time versus entertaining at the event.
Is it your opinion that if your event is cancelled by say a hurricane, are you entitled to a percentage of your rate?
G
Guest
Guest
Steve,
My contract states.
"2. Thunder Music will be held Liable for the dollar amount of the contract only for failure to perform.
My contract states.
"2. Thunder Music will be held Liable for the dollar amount of the contract only for failure to perform.
Steve: Yes, everything leading up to the event all has value. The performance is the culmination of all else.
DjDennis
RIP- My Dad (2011), Sister (2013) and Mum (2017)
well here is what was on my Original contract all them years ago and see how us Aussies do it!!
now you can throw all you need - this was done for djing years ago by a lawyer and has been to court more than once by other Dj's here
tell me if thats wrong , but remember the law here is different to the US of A
now you can throw all you need - this was done for djing years ago by a lawyer and has been to court more than once by other Dj's here
tell me if thats wrong , but remember the law here is different to the US of A
I find this one interesting, in that you have a clause like that at all:
7. CHILDREN: Please note any children being present are the responsibility of the parents, not the Disc Jockey. The Disc Jockey is responsible to help make the Clients function a memorable one. The Disc Jockey is also NOT responsible for entertaining the children during dinner. Any damage to equipment or lighting by children will be full responsibility of the client or parent.
7. CHILDREN: Please note any children being present are the responsibility of the parents, not the Disc Jockey. The Disc Jockey is responsible to help make the Clients function a memorable one. The Disc Jockey is also NOT responsible for entertaining the children during dinner. Any damage to equipment or lighting by children will be full responsibility of the client or parent.