Bullied into a clause???

[Jim Casey]

I hate lawyers. Really I do.

I have a client who is about to sign, but her lawyer father wants to re-work my contract.

These are the two clauses he wants me to add to his daughter's contract.

20. DJ agrees to play all the songs listed on the attached Schedule A and not to substitute any songs without the express written consent of the Client. If DJ fails to play all the songs listed on the attached Schedule A or plays any other songs not listed, Client shall be entitled to a refund of 50%. No requests are to be honored without the Client’s permission.
21. DJ agrees to perform all the services listed on attached Reception Planner. If DJ fails to perform all the services listed on the attached Reception Planner, Client shall be entitled to a refund of 100%.


He just returned from a wedding in New York City where the DJ got drunk and ruined his niece's wedding by playing a lot more contemporary music than they wanted.

I am interested in your replies.

[Art Dearing]

:stop I wouldn't sign the Contract with those additions. Unrealistic demands.
I tell them to "take this job and shove it"...return their Retainer and tell them good luck on finding a DJ willing to commit to potential financial suicide.

I couldn't promise to play all the songs on their list in the alloted time. As for the planner list, you'd have to be the judge because I don't know what's on your planner list.

You could always consult with YOUR lawyer to get a liability reading. To me, it seems loaded in favor of the Client and by your inadvertent omission of song or line item in planner, you'd be stuck.

I'd distance myself from this bride and father...return their Retainer and fill the date with a more understanding and less demanding bride.

:clap

Art

[DJMC]

<span style="font-size:12pt;line-height:100%">WALK AWAY FROM THIS ONE</span>

Could I be any more clear on this issue?

[DJ Iron Mike]

That's just BS. I second what the other guys said. Run Forest Run, I mean, Jim Run, Run! And with this big flash of the strobe light, all of a sudden you are conveniently not available.

[Johnny Dee]

Drop it like a hot potato.

We had a B&G ready to book and we sent her a contract. She returned it with all kinds of changes in our conditions. I sensed that this would be a problem job so we backed out of the contract.

[HeadlineDJ]

Actually, I'm gonna go against the grain here and offer an alternative.

Since he is a Lawer he will be well prepared for you to go back to him and barter the clauses..

Have him add the following to BOTH clauses...

20. DJ agrees to play all the songs listed on the attached Schedule A and not to substitute any songs without the express written consent of the Client. If DJ fails to play all the songs listed on the attached Schedule A or plays any other songs not listed, Client shall be entitled to a refund of 50%. No requests are to be honored without the Client’s permission with the exception that the client permenantly leaves the function and is in non-attendance for the duration or the function does not run to schedule and renders the DJ unable to play all requests through no fault of his/her own.

21. DJ agrees to perform all the services listed on attached Reception Planner. If DJ fails to perform all the services listed on the attached Reception Planner, Client shall be entitled to a refund of 100%. Exceptions to this clause include the client permenantly leaves the function and is in non-attendance for the duration or the function does not run to schedule and renders the DJ unable to perform all services through no fault of his/her own.


Basically, if it goes smoothly it goes smoothly,, if for whatever reason (not your fault) the function runs late or people required to interact are unavailable then the clause is void. Like wise for the music clause. If the bride and Groom leaves the reception for the night or the reception runs late and you are not able to fit all the requests into the programing, then again the clause should be void.

Contracts are simply an agreement between two parties... so long as you both agree and put it in writing, there is no issue.

His clauses are to protect HIM, you need to amentd them to Protect BOTH of you.

[Jim Casey]

I had a phone conversation with the father of bride (the lawyer) earlier today. While I made some progress in making him understand my position, he still insisted on re-writing the clauses.

After a couple of hours to mull it over, your advice, and a quick talk with my lawyer - Here is what I wrote back:

Hello Laurel,
After consultations with my lawyer and a few highly regarded DJ industry leaders, I have decided to pass on being the Entertainment for your wedding on September 24th, 2005.

It is nothing personal, but I have to look out for what I feel are my company's best interests. Also, I would rather you feel fully comfortable with the service I could provide for your wedding reception without changes to my contract.

While I sympathize with your position after what happened with Laurel's cousin, demanding changes and additons to what is a very balanced contract is not something I am comfortable with.

I wish you and Thomas nothing but the best with your wedding. If you have any questions for me, please call me at (877) DJ-MAINE or (207) 615-3563.

------------------------


Reactions?

Nice way to word refusing the gig, Jim. It is really hard this day and age with the "Walmart mentality" that is so prevalent in the wedding industry - it seems everyone wants the biggest and best package at no cost to them. Kudos to you, Jim!! While we do in fact try to give the best entertainment for their function, you do have to protect your business.

Tony Croteau
Studio Gorey Entertainment

[John Allo]

I accept those terms on the conditions that:

1) Bride and Groom never leave the room for any reason other than use of the rest room.

2) Bride guarantees that the playing of songs on the attached list will result in at least 75% of guests dancing on the dance floor. Failure to meet this 75% figure shall result in the immediate termination of the song.

3) If DJ plays consecutive songs from the attached list and both fail to meet the 75% minimum dance floor as mentioned above, DJ retains the right to deem the reception over and shall be able to pack up his gear and leave the facility, with no penalty applied against the DJ or his company.

4) DJ expects the other hired vendors to be held to the same terms, and if the DJ notices the photographer taking a picture without getting approval of the bride beforehand, DJ shall deem the event to be over and shall be able to pack up his gear and leave the facility, with no penalty applied against the DJ or his company.

The couple of times I've had a couple want to change my contract I told them that I was no longer available for their wedding. One couple said nothing at the time, but returned the contract and retainer with half of my contract crossed out and their own words written in pen all over the place. I sent it back and told them that their lack of respect for me as a business person made it impossible for me to provide my service. When they got my letter, the bride called crying, saying that she wanted me, but it was her father making all those changes. When her father refused to budge, I held my ground and told her that this is solely due to her father's behavior. The last words I heard were a very tearful, "I understand and I am so sorry." Then I heard her yell, DAAAAAAAAAAAD!!!!! and the phone hung up.

Jim did the right thing.

[DJ Iron Mike]

Jim! Way to go! That was way to cool. This Dadzilla probably eats breathes and lives on The Knot too!

"Fuhgetaboutit!" You'll get a better gig coming down the pike than to dwell and waste any more time on that one. Always stand your ground on these things.
I recently toughened up a little, the local guys don't understand my stance on that but as I see it if you give them an inch they not only take a mile but the whole 9 yards too.


"I can't DJ for you that night, I have to wash my hair!"
(The guy had a Marine haircut) j/k


John,

you should hold that thought. put that on page 2 in your contract and just slip it in there when you think you need it. Have a page 2a and page 2b. Don't label them that way and send them the appropriate one when the shoe fits. j/k