MOB needs to come up with retainer! How would you word it?

Jas said:

Yes, that's the problem Cap, the contract was signed by both parties and we both have a copy. She said she would send the check within 3 days and I trusted her to do that. Since I've never had this happen my contract does not state that the deal will be void unless the down payment is made.

I will have to either find a way to get out of this or find a way to get her to come up with the down payment. I'd rather do the latter.

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Does your contract not state that the deposit is required in order to secure the date? It doesn't have to specifically state "null and voice if not paid" as long as it DOES state the payment is part of the lock-in procedure. By the way, I keep seeing this thing about DJs who think they are iron-clad, locked into a contract when its signed. If you don't have a stated exit clause, which provides for either party to cancel the contract, then that's something else you need to put in place. There are times when contracts need to be broken. It's best if it's clearly spelled out on how that process is to be achieved by either party.

Jas said:

Line 5 in my contract:

payments as follows: $200 down payment - check payable to DJ Jas. Balance of $565 due 8/1/15

Now I realize that should be more specific. <face palm> I'll just have to tell her that she needs to make the payment for now.

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Okay, inserting what I would do here, I would just show up and do the job with the requirement that I receive $765 PRIOR to the event. As of today, I would immediately change my contract to better specify that the contract is not executed (and the date is not reserved) until the deposit is received. Next up, I would change that deposit amount to 50%. Since going to half-down, I've lost exactly ONE gig due to a high deposit requirement. I've had probably a couple dozen events where they cancel and I got to keep the 50%. It makes it a lot less painful when their cancellation blows a hole in your schedule (and your revenue stream). You'll also find that you won't have them continuing to shop and cancelling on you when they find a cheaper price.

rickryan.com said:

I would just show up and do the job with the requirement that I receive $765 PRIOR to the event. As of today,
I would immediately change my contract to better specify that the contract is not executed (and the date is not reserved) until the deposit is received.
I would change that deposit amount to 50%. Since going to half-down, I've had probably a couple dozen events where they cancel and I got to keep the 50%. It makes it a lot less painful when their cancellation blows a hole in your schedule (and your revenue stream)..

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+1 on all accounts.
- you lost your leverage on this one, so jusy make sure you get paid before you start.
- change your contract so it doesn't happen again.
- get 50% down to book the date. it makes the client less likely to cancel,
and REALLY softens the blow if they DO cancel.

The Talent Agency I work with has always required 50% as a deposit, and the remaining balance is due to the performer at time of performance. They have bent their policy when asked by the client if they can do a smaller deposit. The Talent Agency will go as low as 20%, but it's pretty rare. I had one wedding client in last 3 years through them they let pay just $200 on a $1,000 booking as a deposit.

You can always quote them with a 50% deposit, and if they feel it's too much at that point in time, or they are tight with money, IF THEY ASK, you can always offer a lower deposit (It's seen as being flexible for them). Or you can offer a payment plan - "Typically, it's a 50% non refundable deposit, but I can accept 25% today to hold the date, and then you can pay the other 25% 90 days before the wedding date to complete the booking" ...or whatever deposit amount you want to take at first.

Personally, for booking direct we ask for about a 33% deposit. That amount works well for me as I prefer to get the bulk of the $$$ closer to the event date. For weddings coming up within 60 days and they are booking late, I do ask for a 50% deposit though, and they are always fine with that!

To me, being wishy-washy on the deposit and allowing it to be negotiable is one of the worst things you can do. It weakens your position and it undermines any respect you have from the client. For Anything $1500 or less, it's 50%, period. I have found, however, that since adding photography our packages are often $3k-$4k and in several cases I've allowed payments on the deposit. The deposit is still 50%, but coming up with $2k for a 20-something is often very tough. Heck, it would be tough for me, a 50-something.

I would say though to stand firm on setting the tone for your relationship with a client. It will come back to bite you if you let it go soft early on.

That sounds like a good way to light the appropriate fire...

GJ

DJ Ricky B said:

I keep it simple. The agreement I send out specifies the date that the Non Refundable Deposit is due. They get 10 days to pay the deposit which is plenty of time. There is also a Contract Expiration date set for 2 days after the deposit due date. If the deposit is not paid by the expiration date, the agreement is null and void.

After wasting time, and waiting and waiting for too many deposits, agreements to come back to me back in 2010 and 2011 from wishy washy and/or budget clients, I decided to put an expiration date on my agreements.

I send out an email the date that a deposit is due if I have not received it yet letting them know the agreement is void if I don't receive it by the expiration date. If they say they need more time, I make a new agreement, but the second agreement only gives them 6 more days to get the deposit to me (That is if I really don't have any other strong candidates who want to book me for the date).

If a client can't pay a deposit in 10 days, I really don't want to work with them unless they were up front from the start explaining they can't book me just yet due to finances...then I just let them know to contact me when they are ready, and I keep my eyes open for other prospects who might want me on that date.

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I like your ideal. I just would send them an email or a text message asking if something is wrong and what about getting to me the retainer for their event. You never know if something tragic has happened and that's why they haven't responded. I mentioned texting because some people like to text instead of dealing with emails. It's a matter of finding out the best way they like to be contacted.

Some people are addicted to Facebook like my girlfriend. I tell her the same thing I tell my best friends wife. If they took away Facebook you would commit suicide! LOL.

Good that you finally got her on the phone. My $0.02

Don't get your panties in a bunch over contract non-sense. There's nothing wrong with your contract - it indicates two payments, the first of which (called a "deposit") has not been made. That lack of consideration already voided her position whether your contract states it or not. This is not a contract problem - it is an incomplete sale.

You should always make phone calls in circumstances like this - not just an email, and verify what her intentions are. Verify that there has been no error on your part in receiving or posting the deposit. If after doing that you wish to cancel, then write and mail a letter (again - not just an email) cancelling for non-payment. Otherwise, advance the sale by collecting payment.

So.....

First: Contact her to find out if she is even still interested in your services (you could have lost this gig and not know it.)

Second: If she is still interested - then ask: "why she hasn't sent you the deposit?" Then stop talking and just listen.

Third: Do you have any other potential work for this date? If not, and you still want this gig - then suggest a payment plan and write a new agreement with her that gets you your deposit immediately and the balance due prior to the event.

As a sales matter - the signature on the contract is worthless if the customer doesn't volunteer the required deposit simultaneously. Without the consideration you have failed to actually close the sale - the customer has presented you with two conflicting answers: a simultaneous yes and no. As a contract matter it's an unconsummated deal, neither one of you has any real action against the other, unless and until you fail to communicate at all about the issue and simply fail to show up without warning. Even then, without the exchange of consideration - it's questionable if a contract really exists.

Ausumm said:

+1 on all accounts.
- you lost your leverage on this one, so jusy make sure you get paid before you start.
- change your contract so it doesn't happen again.
- get 50% down to book the date. it makes the client less likely to cancel,
and REALLY softens the blow if they DO cancel.

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Our contract says a 50% retainer fee is needed to secure the date. I totally agree with the 50%. It get tire kickers out of the way and it's less likely a client will cancel. It leads you to serious clients looking to book a DJ and not just the cheapest DJ they can find.