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Michael_Nardoni
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Posted: Tue Apr 13, 2004 7:58 am |
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Joined: Fri Apr 09, 2004 3:11 pm Posts: 21 Location: CHICAGO SUBURBS Been Liked: 0 time
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this is a multiple question , First off do you recommend the use of a contract in all karaoke & dj work ? such as a bar or a private party etc, 2nd , do you use a equipment damage clause in your contract ? incase someone is drunk and a fight breaks out and your equipment gets smashed hey its possible . p.s for those who do can you please give me an idea of how you word it , because i know if it is not worded just right you can loose in court. thanks
_________________ Michael Nardoni
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Lonman
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Posted: Tue Apr 13, 2004 8:16 am |
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Joined: Mon Dec 10, 2001 3:57 pm Posts: 22978 Songs: 35 Images: 3 Location: Tacoma, WA Been Liked: 2126 times
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I use contracts for private shows mainly. You can use them in the bars, but you'll find that most owners/managers don't want to get into any contracts. If they do & they decide to get rid of you before the time is up, all the have to do is say they were losing money & had to release you. It would end up costing more to go to court to try & fight it.
Karaoke in a bar setting is a risk in itself. You try to set-up in such places that things won't get bumped or smashed. There is insurance you can get for your main stuff, but anything under a couple hundred bucks you would pretty much eat as you don't want to keep making claims. You can also try & take the patron that damaged the equipment to court, but again, probably would end up costing you more than it would be worth & then IF you won, they probably wouldn't pay anyway & then you pay to have collections agencies, etc......Contracts in bars are not worth it.
_________________ LIKE Lonman on Facebook - Lonman Productions Karaoke & my main site via my profile!
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BeachHeadBum
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Posted: Tue Apr 13, 2004 9:03 pm |
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Joined: Sat Jan 31, 2004 1:37 pm Posts: 881 Location: Taos, NM Been Liked: 0 time
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Michael
It's worth the $300.00 - $500.00 an hour to get an entertainment attny to draw you up a contract, if you so desire. I have had to only take 1 club to court so far and it was recoverable. the initial expense has paid for itself already. BTW keep that same attny on a good retainer also. You'll never know when that person will come in handy.
_________________ Brian D.
(BHB)
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Big Mike
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Posted: Tue Apr 13, 2004 9:25 pm |
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Joined: Thu May 15, 2003 8:34 am Posts: 475 Location: Wisconsin Been Liked: 0 time
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My contract reads like this with regard to damaged equipment:
"The Client will take reasonable steps to protect KJ’s equipment, materials and personnel during performance, setup and takedown. Any damages incurred due to lack of reasonable protection on the Client's part (except in the case of gross negligence or willful malfeasance by KJ) will be payable by the Client to the extent of repair or replacement of damaged equipment, materials, and all costs of medical treatment."
I use contracts with all of my shows, but they are never long term deals. I usually only book for a three month period with bars. For example, I am right now starting to book shows for June July and August. I'll take private party bookings beyond those months, but not bar gigs. The reason I use contracts now is because I have been burned several times in the past. It's really just to cover my @ss.
_________________ Spreading the karaoke gospel
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marty3
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Posted: Wed Apr 14, 2004 4:00 am |
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Joined: Thu Oct 18, 2001 5:32 am Posts: 387 Location: Chicago 'burbs USA Been Liked: 1 time
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I also only use contracts for private parties, not karaoke bar work. My contract clause reads:
"The Client shall be responsible for any damage caused to the equipment of Sounds Great Entertainment by any guests."
_________________ Sounds Great! Entertainment
Bartlett, Illinois
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BeachHeadBum
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Posted: Wed Apr 14, 2004 3:40 pm |
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Joined: Sat Jan 31, 2004 1:37 pm Posts: 881 Location: Taos, NM Been Liked: 0 time
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Marty,
also Dj's don't tote around more than what one mastercard can pay for in a year's sitting for 1 person in A/V gear either.
POINT MADE.
_________________ Brian D.
(BHB)
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bopper
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Posted: Thu Apr 29, 2004 2:12 am |
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Joined: Thu Apr 29, 2004 12:55 am Posts: 10 Location: North Carolina Been Liked: 0 time
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What do you guys think about asking for the money up front? I've been burned a couple of times when the Bar owner tells me he didn't do so hot that night and that I'll have to give them a break. My comment is usually "I don't see the proceedings if you have a good night. Pay me what was agreed." Unfortunately these are now lost clients. Maybe they never should have been clients to begin with. What do you guys think? This would also help simplify things. I have found that contracts tend to scare some owners, thus making them unlikely to go through me.
Another question I have regards insurance. What different places can I go I would like to insure my main equipment? Do you guys insure yours? Do you have any stories that would help me make my decision? Thanks for all the help in advance. I'm starting this out and trying to find a way to run it in the proper fassion.
bopper.
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marty3
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Posted: Thu Apr 29, 2004 4:03 am |
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Joined: Thu Oct 18, 2001 5:32 am Posts: 387 Location: Chicago 'burbs USA Been Liked: 1 time
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My feeling is that if you can't count on your steady bar work to pay what they've agreed to at the end of each night, then it's time to replace that gig. The vast majority of bars I've worked pay at the end of the night - no problem to me. I do have one gig where we have a base fee or 20% of the ring from 8pm to close - so I appreciate the not-so-hot night comment.
For much of my mobile work, I do ask for a deposit up-front (usually 25%) to reserve the date. If I know the client or it's repeat business, then I'll often wave the deposit requirement.
I carry liability insurance for performances which is tacked on to my homeowners policy - it was very reasonably priced.
_________________ Sounds Great! Entertainment
Bartlett, Illinois
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Tymzdad
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Posted: Thu Apr 29, 2004 4:15 am |
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Joined: Thu Feb 19, 2004 10:04 am Posts: 109 Location: Rockford, Illinois Been Liked: 0 time
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I, too, am considering insurance for my equipment. We just landed a second (consecutive) night at one of our venues. We could leave our big equipment set up, locking the rack up and taking the song books, cdg's, mics, etc.
Funny thing, though........so many bars and such burn down in the middle of the night! I have a friend that lost a very valuable guitar, amp, etc. in such a fire years ago.
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bopper
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Posted: Thu Apr 29, 2004 7:13 am |
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Joined: Thu Apr 29, 2004 12:55 am Posts: 10 Location: North Carolina Been Liked: 0 time
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marty3 wrote: I carry liability insurance for performances which is tacked on to my homeowners policy - it was very reasonably priced. Is their any way to get insurance on the equipment if you don't own a home?
I like the idea of 25% down to reserve the date. Thanks for the advise.
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BeachHeadBum
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Posted: Thu Apr 29, 2004 11:19 am |
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Joined: Sat Jan 31, 2004 1:37 pm Posts: 881 Location: Taos, NM Been Liked: 0 time
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Bopper,
As far as equipment insurance, contact by e-mail Christian at Priddis Music. He has some resources on places where to find equipment insurance. (including CDG coverage) I believe one of them is Global Mobile.
_________________ Brian D.
(BHB)
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marty3
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Posted: Fri Apr 30, 2004 12:49 am |
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Joined: Thu Oct 18, 2001 5:32 am Posts: 387 Location: Chicago 'burbs USA Been Liked: 1 time
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I got my liability coverage through Farmers Insurance. You can get full coverage (to include equipment) at several places; one often mentioned is via adja.org which http://www.rvnuccio.com/ handles. Personally, the numbers didn't work for me. Hardware losses are nothing compared to a lawsuit for someone knocking a speaker down on themselves...
_________________ Sounds Great! Entertainment
Bartlett, Illinois
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Capt Midnight
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Posted: Sun May 16, 2004 6:48 am |
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Joined: Sun Nov 16, 2003 11:31 am Posts: 131 Been Liked: 0 time
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here are my feelings on this topic.....
- all shows are contracted..... my contract has provisions that must be legally agreed upon..... like the damage clause (client agrees to be responsible for any damage by guests from time of setup until load-out)
- it covers what i require from a venue/client like electrical requirements, setup times, etc..
- My contract spells out how and when i should be paid, and what is expected of me.
On private bookings (weddings, BD's, etc..) I expect a 50% or $200 retainer (NEVER EVER USE "DEPOSIT") With balance due before setup on performance date (sometimes i make it 5 days before the date)
On bar performances, i expect to be paid THAT NIGHT.... only exceptions are hotels and the large sports bars where I know i won't get screwed
- my contract spells out cancellations..... I am not going to book a bar for $175, and turn down weddings, and then have that bar cancel..... so the bars cancellation clause states that from signing all bookings are payable, even if cancelled (they tend to not cancel 3 months out)....... private events cancellations are 90+ days they loose retainer, 59-89 they owe 50% of the balance, 60 and less it is ALL THE CONTRACTED AMOUNT
INSURANCE
- if you are taking money for playing you MUST have liability insurance, $2 million GL is not that much per year
- pretect your gear, get locking road cases
- never leave gear in your vehicle,
- never meet clients at the place you store your gear
- never use the address of the place you store your gear as your mailing address
- don't advertise to the world what is stored in your gear location
- back up your CDG's and keep the originals under lock and key
- never leave gear someplace where you are not the last ones out and the first ones in (used to play a hotel on saturday night and tear down sunday, they kept the place locked till i got there the next morning, as the bar was not open on sunday)
-
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BeachHeadBum
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Posted: Sun May 16, 2004 11:31 am |
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Joined: Sat Jan 31, 2004 1:37 pm Posts: 881 Location: Taos, NM Been Liked: 0 time
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Midnight,
These are excellent examples of how to keep the gear from being messed with. I have had only one example of having my gear tampered with the best part was the person who did it was caught on video and was on the casino staff and was immediately fired. and I was also immidately notified by security thankfully. The best thing it was something i could correct by just turning on the system and going to the "Speaker pre-settings" mode of my crossover. dbx makes awesome things now a-days.
the problem was fixed in seconds instead of hours and saved a world of anger and frustration and money.
_________________ Brian D.
(BHB)
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