Additions to an Already Signed Agreement

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jokerswild

jokerswild

Chief Bottle Washer
Feb 11, 2007
18,776
1,288
Elkhart, IN
www.totalimpactdjs.com
I have a client with a signed Agreement for up to 6 hours of service that wants to add one more hour to the Agreement for a total of 7 hours. I informed her that the added hour is considered overtime and told her what the rate would be for the additional time. She told me to go ahead and add it on and wanted to know if she needed to sign a new contract.

I told her that I would create an Addendum (sp?) for her to sign.

The question that I'm struggleing with even though she is willing to pay the additional amount up front when the balance is due 30 days prior to the event, I'm still not sure that's the way to go.

My thoughts are add the possiblity of the overtime to the Aggreement but, not pay it until we actually do go into overtime at the event. But, then she is willing to pay upfront...

I don't want to sound to her like I'm turning down the overtime, yet I know that some events end early... usually due to A. Bride is tired or B. Most of the guests have left already. Mostly due to A.

So first question, what do I put in the Addendum and second do I accept advance payment for overtime that I believe may or may not acctually occur?
 
issue a new contract at 7 hours and the associated rate. She can pay whatever in advance; if the event doesn't run the full 7, you are still available the agreed upon amount of time (or if you're feeling super generous, you can give them the overtime rate back as a gift). The contract means you are prepared and available. If she feels it's important enough to take care of now, why don't you?
 
My contracts are worded so that the start and finish times are set in stone, and then I state what my overtime rates...if they ask for another hour or another 4 hours, I have it in writing already, no need for an addendum. I also have a clause that says that OT is based on my availability, leaving me an out to say no, or to be sure I am done on time if I have another gig later.

Let you contract work FOR YOU.

Contractually, if she pays you up front, and it does not go into OT, you would then owe her a refund.
 
Harryoke said:
My contracts are worded so that the start and finish times are set in stone, and then I state what my overtime rates...if they ask for another hour or another 4 hours, I have it in writing already, no need for an addendum. I also have a clause that says that OT is based on my availability, leaving me an out to say no, or to be sure I am done on time if I have another gig later.

Let you contract work FOR YOU.

Contractually, if she pays you up front, and it does not go into OT, you would then owe her a refund.
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True enough but, she wants something that says we will go the 7 hours... my thought is to give her what she asked for, a new Agreement with the addition in writing to supercede (sp?) the original agreement.
 
I would say, bring a business check along with you (don't fill it out or anything), but that way if you don't go into OT, just write her back the refund right there.
 
She would be better off and better protected letting go into OT. Reason, it is easy enough for you to simply reprint the contract changing the end time and amount due, and that solves your problem, BUT, what is your policy about refunds for early finish? I would bet that is not in the contract, and I would bet you do not offer a refund. Put language in that addresses that issue as well.
 
DJ J Mac said:
I would say, bring a business check along with you (don't fill it out or anything), but that way if you don't go into OT, just write her back the refund right there.
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This is what I'm thinking too... but, only if she asks for it. Even if we only go 6 hours... if the event is ended by her before the total contracted time of 7 hours is up if she ends it early that's not my fault. So, would you think, unless she asks, a refund of overtime should be automatic?

Thoughts?
 
Harryoke said:
She would be better off and better protected letting go into OT. Reason, it is easy enough for you to simply reprint the contract changing the end time and amount due, and that solves your problem, BUT, what is your policy about refunds for early finish? I would bet that is not in the contract, and I would bet you do not offer a refund. Put language in that addresses that issue as well.
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That language is already there.... but, your right.

Ethically I think that if in fact we did not go into overtime I would refund the overtime charge. But, not on the spot. I would send a check back to her upon request. If not requested then I would assume she means it as a tip. I'm not about to seek out persons and force a refund on them if they don't ask for it. But, ethically speaking I would do so if asked.
 
Some thoughts...

It's possible the bride wants you to be available for OT if it comes to that. With a set 6 hours of service in your agreement, OT isn't guaranteed.

I concur with the others... make up a new agreement with the additional hour included. This will buy your client peace of mind. If the OT isn't needed, cut a company check to refund the overpayment.

Dunno if this will help, our agreement has the following header: This Agreement must be returned to Night Wolf Entertainment 10 (ten) business days from the date sent to guarantee your date. If this is a problem, please notify us. This Agreement supersedes any prior agreements, oral or written.

Thoughts?
 
Valerie Ruste said:
issue a new contract at 7 hours and the associated rate. She can pay whatever in advance; if the event doesn't run the full 7, you are still available the agreed upon amount of time (or if you're feeling super generous, you can give them the overtime rate back as a gift). The contract means you are prepared and available. If she feels it's important enough to take care of now, why don't you?
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Val you are my hero for this post! This sounds like something that would be the best solution.
 
Rob,

1) Always put your start and stop times in writing in the initial agreement.
2) Always specify the hourly amount for OT "at the event" in writing in the same agreement.

Sounds like you do those already, so moving on:

If she "just absolutely HAS" to get it in writing for the time-frame, you would simply do an addendum (I have some text if you'd like to PM me).

What I would do, and do regularly in this instance is this - spin it that it's in THEIR favor (which in reality it actually IS) to NOT contract you for that extra hour.

"Well, you already have me booked for 6 hours from ___ until ___. What I usually tell people is let's do the contract for the set amount of time, my base package, and then, if we do end up going over by the extra hour, it is considered overtime and due at the event. That way, if you don't end up needing it or using it, you're not paying for something you're not using or getting!"

This works every time, assuages them, addresses their concerns, and makes you a hero because you have THEIR best interests in mind! Combine this with something to the effect of "And if we do end up going over, that rate is already specified in the agreement, so you know exactly how much it will cost, and you won't have any surprises."

Now you've looked out for them AGAIN!

TWO TIMES the hero, and you didint have to draft up any more paperwork!:sqcool:
 
Fred Wright said:
Some thoughts...

It's possible the bride wants you to be available for OT if it comes to that. With a set 6 hours of service in your agreement, OT isn't guaranteed.

I concur with the others... make up a new agreement with the additional hour included. This will buy your client peace of mind. If the OT isn't needed, cut a company check to refund the overpayment.

Dunno if this will help, our agreement has the following header: This Agreement must be returned to Night Wolf Entertainment 10 (ten) business days from the date sent to guarantee your date. If this is a problem, please notify us. This Agreement supersedes any prior agreements, oral or written.

Thoughts?
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Actually her exact words in the email were... "We just found out we can have the venue until 11:30. How much would it cost to add another hour on?"

My answer was "This would be overtime at a rate of $150.00. Would you like me to add that to your online profile?"

Her reply "Yes, do I need to resign a new contract?"

I said I would update it and send a copy to her to sign.

So, I don't think it's a just in case she definately wants me to be available to go until 11:30pm.

I ended up sending out a new contract with the additional time on it for her to sign and get back to me.

Now here's the interesting part.... before this all started she asked about me providing sound for the ceremony... which oddly enough I had quoted the same as my overtime.... Yes, I know I should be charging more but, I take into consideration of the ceremony location in relation to the reception and base my price on my travel and setup times.... really doing the ceremony is no sweat for me. But, she ended up with a harpest instead.
 
I have had a few requests for overtime before the event.
I usually tell them to let the contract go as written...
and we will treat it as overtime and only use it if needed.

Since they ae asking advance, I offer to not charge them the usual OT rate
I only charge them for the additional hour.

Also, the brides that are so sure they will need an extra hour...
are usually the gigs that DON'T need it!
 
I've gotten questions about adding on time after a contract has been signed I tell them that we can do it one of two ways; we can treat it as overtime and they can pay me the overtime rate at the venue (in cash) or we can do a contract mod to add the hour at the regular rate. If we do the contrcat mod I treat it as such; I change the hours and both the client and I initial the changes.

I also tell them that if we treat it as overtime and it really isn't needed then they have some extra bucks for the honeymoon.
 
I decided dispite the fact that she did send a copy signed showing the new performance time and overtime charge that it may be in her best interest that she pay the overtime at the event rather than prior...

So, I made note of this on her contract and in Gigbuilder and contacted her by phone...

I told her in regard to the extra hour of overtime that payment for it was not required in advance, but at the start of actual overtime at the event itself. She was fine with this and simply wanted to know if I would need cash or could take a check... I told her if it were by check it would need to be a MO... that way if it we didn't go into over time she could just cash it back.

I think really that's the best way... as I told her that sometimes events end early and that I didn't think it was fair of me (my company) to accept a payment for overtime if in fact we do not use it.
 
Rob I understand your point and respect your honesty however once she acquired the venue for another hour it is no longer really overtime but filling the hours she has the room for. I would feel it my duty to make certain she got her extra hours worth for the venue by providing great music to the folks who stay to celebrate with her.
 
Jon Tuck said:
Rob I understand your point and respect your honesty however once she acquired the venue for another hour it is no longer really overtime but filling the hours she has the room for. I would feel it my duty to make certain she got her extra hours worth for the venue by providing great music to the folks who stay to celebrate with her.
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It might not be overtime for the Venue but it is for me... I'm booked for up to 6 hours per my contract.... the extra hour IS overtime for me.
 
so reconstruct your contract to include the hours included.You are giving a great discount Elkhart style regardless!!
 
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