The "How to write a Contract" thread

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-- The "How to write a Contract" thread

Posted by Dojomaster26 on Apr-30-2007 17:44:

The "How to write a Contract" thread

A contract is one of the DJ's most important tools, yet it is not used as often as it should be. Too many of our local DJs are getting screwed out of compensation for their work by unscrupulous club owners. Having an agreement for compentsation, etc. in writing will help to keep these people in check. Worse comes to worst, you have a legal document to bring to court in the case that the owner tries to screw you over somehow...

A contract can be a very simple document stating that you are to be paid X dollars for Y hours of work, or it can be a much more detailed document laying-out the particulars of a multi-act event. I'm going to go through all of the major parts of a contract, which you can then use as needed for your events:

1. Title

quote:
(promotion company/crew name) Entertainment Contract

-Label the document as a contract. Remember that a court of law will be VERY picky about seemingly insignificant things such as this. If you are not part of a crew or represented by a promoter, then use your alias in the title. If there are multiple DJs that are performing and not part of a group, make sure each has a separate contract with their aliases clearly marked on each document.

2. Opening remarks

quote:
AGREEMENT made this ____ day of __________, 20__, by and between _______________________________________, hereinafter referred to as the Purchaser, and (promoter/crew), hereinafter referred to as the DJ.

-This is going to be the same for all of your contracts. Fill in the blanks with the full names of the venue and promotion group or crew.

3. Basic agreement

quote:
WITNESSETH
NOW THEREFORE, in consideration of the promises and the agreements herein contained and intending to be legally bound hereby, the Parties do agree as follows:
1. The Purchaser hereby engages the DJ to provide a DJ Service. The service to be performed at Event Location:

(Venue): ___________________________________________________________

(Address): _____________________________________________________

_____________________________________________________

(Phone #): _____________________________________________________
2. (promoter/crew) hereby agrees to provide a DJ Service for the Purchaser at the above-mentioned location.
3. The said DJ Service shall consist primarily of providing musical entertainment by means of a recorded music format.
4. (promoter/crew) hereby agrees to render its professional services and is at all times to have complete control of its program.
5. The Parties hereby agree that the DJ Service shall be provided and accepted on the following date(s) and time(s) of the engagement:
Date(s): ___________________________________.
Start Time(s): ______AM/PM
Finish Time(s): ______AM/PM
(X hours minimum)

-Number one lays out exactly where the event is to be held (this is important for large parties with multiple locations). #3 is optional, and should probably be re-worded to include the fact that EDM will be played. #4 seems like a no-brainer, until you've run into an owner who "forces" you to play Hip=Hop in the middle of your set. #5 is really important, although you should allow the finish time to vary based on crowd attendance (ie the owner doesn't want to stay open if no one is at the event)

3. Payment

quote:
6. The Purchaser in consideration of the DJ Service to be rendered by the DJ, and the mutual promises contained herein, hereby agrees to pay to the DJ the following consideration:
A non-refundable reservation fee of $__________, is required to secure the services of (promoter/crew) for the engagement. This amount shall be applied toward the Performance Fee.
The Performance Fee is $__________ for the X-hour time frame outlined above.
Services requested that exceed the X-hour time frame will be charged at the rate of $_________ per hour, payable the day of the engagement. It may not always be possible to provide additional performance time. However, when feasible, requests for extended playing time will be accommodated.
Purchaser Initials _________ (promoter/crew) ______

-The most important part of the contract for most, this lays out how much you are going to be paid. This section can be completely be re-written to accomodate multiple DJs, a bar tab, or the common agreement of "you get the door, I get the bar". The example comes from a Top40 DJ's contract , so a little re-wording may be necessary.

4. Additional terms and conditions

- A lot of the terms in the example contract only applied to a Mobile DJ setting, and weren't included:

quote:
The purchaser and DJ agree that this contract is not subject to cancellation unless both parties have agreed to such cancellation in writing. In the event the Purchaser breaches the contract, he or she shall pay the DJ the amount set forth above as "Wage agreed upon" as liquidated damages, X% interest thereon, plus a reasonable attorney's fee.

It is hereby further agreed; that the Purchaser shall be held liable for any injury or damages to the DJ, or property of the DJ, while on the premises of said engagement, if damage is caused by Purchaser or guest, members of his organization, engagement invitees, employees, or any other party in attendance, whether invited or not.

It is understood that if this is a "Rain or Shine" event, (promter/crew) compensation is in no way affected by inclement weather. For outdoor performances, Purchaser shall provide overhead shelter for setup area. The DJ reserves the right, in good faith, to stop or cancel the performance should the weather pose a potential danger to him, the equipment, or audience. Every effort will be made to continue the performance. However, safety is paramount in all decisions. The DJ's compensation will not be affected by such cancellation.

In the event of circumstances deemed to present a threat or implied threat of injury or harm to (promoter/crew) staff or any equipment in (promoter/crew) possession, (promoter/crew) reserves the right to cease performance. If the Purchaser is able to resolve the threatening situation in a reasonable amount of time (maximum of 15 minutes), (promoter) shall resume performance in accordance with the original terms of this agreement. Purchaser shall be responsible for payment in full, regardless of whether the situation is resolved or whether (promoter) resumes performance. In order to prevent equipment damage or liability arising from accidental injury to any individual attending this performance, (promoter) reserves the right to deny any guest access to the sound system, music recordings, or other equipment.

In the event of non-payment, (promoter) retains the right to attempt collection through the courts. Purchaser will be held responsible for all court fees, legal fees, and collection costs incurred by By (promoter).

This agreement guarantees that (promoter) will be ready to perform at the start time of the engagement. No guarantee is made as to (promoter) time of arrival; however, (promoter) requests that they be permitted ________ minutes before the engagement and ________ minutes after the engagement for setup and takedown.

Special provisions & Additional Services Requested
___________________________________________________

- The first paragraph includes an "Interest" clause for non-payment. Personally I don't like this to be included, but the attorney's fees should definitely be included in your contract to cover those costs if you ever need to settle an issue in court.

The second paragraph states that if you get hurt (by say a PA speaker falling on you... [don't laugh; This actually happened to DJ Icey last month]), that the venue owner will make sure your hospital bills are covered. Include this if you see a potential injury risk at the venue.

The third paragraph may be needed for an outdoor event. Otherwise, I'd leave it out.

The fourth paragraph is important. Normally there will be security at the venue to take care of any problems, but if something happens (like at the Icey event last year with a gunfight [this guy is not very lucky]), this gives you the right to get out of there.

The fifth paragraph is pretty self-explanetory.

The sixth paragraph may be included if the owner is really anal about the closing time for the venue. Most owners shouldn't be like that, and will give you the time you need to get everything packed up.

Any extra agreements, etc. should be written in the "Special provisions and additional services requested" section.

5. Closing

quote:
THE PARTIES hereto promise to abide by the terms of this agreement and intend to be legally bound thereby.
Purchaser:
__________________________________
Signature
__________________________________
(Purchaser Name)
Street Address: __________________________________
_______________________________
Daytime Phone: __________________________________
Evening Phone: __________________________________
(promoter):

_______________________________
(names of DJs/main promoter)

-MAKE SURE THEY SIGN IT. The contract is useless if it isn't signed...

That's the gist of it. Please let me know if I am missing something (I am not a legal expert). BTW here is where I got the basis of this example contract from.

Posted by Boomer187 on Apr-30-2007 18:29:

wow, thats freakin interesting. Thanks for posting this up, I never really thoguht about this.

Posted by BOOsTER on Apr-30-2007 18:29:

good job on the post...

although I wonder whether it's of any use...I mean the smaller gigs I've done in the past where just spoken contracts...

like come to my club...you'll get 50 bucks and drinks...

the bigger events are a different thing...that's where this post would come to play...anyway...I didn't actually read it carefully...only sorta "scanned it"...what I have in mind is...aren't laws different in UK and US? (Where english contract would be probably apropriate)

Erm...well there shall not be much things different in contracts...

just thought I'd point that out...

well sorry for long post..

Posted by Briden on Apr-30-2007 20:51:

here is some nice info a friend of mine has compiled

http://www.flydjs.biz/downloads/res..._the_Artist.pdf

http://www.flydjs.biz/downloads/res...he_Promoter.pdf

http://www.flydjs.biz/downloads/res...oking_offer.pdf

Posted by Dojomaster26 on Apr-30-2007 22:34:

quote:
aren't laws different in UK and US? (Where english contract would be probably apropriate)

The laws are probably different, so if anyone from the UK can help us with the changes that would need to be made, it would be greatly appreciated.

BOOsTER: A contract wouldn't be of much use at a smaller gig, but at a larger event or if dealing with a shady club owner (which seems to be happening a lot to our TA DJs)