Weddings I think I will keep the deposit

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Colleagues: Sounds To Go and several others have added spice to the mix in their views that the law is indeed subject to interpretation and that the bench is given the power and authority to make those interpretations...though supposedly to be limited to the principles of law.

However all have witnessed, perhaps not in a court of law, how the power to adjudicate often defies common sense, common good, human rights, common law, etc. In other words, the powers-to-be have come to a conclusion before the proceedings begin, and then back in to that decision, finding the laws that support their predisposition and sometimes offering an interpretation that blatantly flies in the face of all that is reasonable. Happens all the time and there is NO preventing it. Absolute power absolutely corrupts.

If a parent, how many times has the phrase, "Because I said so." been the final decision?

If the court sees the DJ as a child, a stupid oaf, wishy washy, and having no covenant whatsoever, one can almost be assured of an unfavorable outcome. While we have seen several Judge Judy incidents involving DJs, ever notice how unprepared they were? How the DJ lacked decorum? How the DJ couldn't produce a shred of supporting legal documents? And the DJ community collectively scoffed, saying this would never happen to me, and yet seemingly, in reading some of the above, nothing was learned from it.

When giving a presentation on the unqiue requirements of a solid Mobile DJ contract, the opening line is always similar to this advisory...

"The purpose of a well written contract is not to guarantee a win in a court of law, it is to prevent the need to go there in the first place."
 
JTNichol I trust in God, His mercy, His allowing of free will...all others sign here.
Amen and Absofrigginlutely!

Cap Capello;271976[B said:
"The purpose of a well written contract is not to guarantee a win in a court of law, it is to prevent the need to go there in the first place."[/B]
Hallelujah!

You could not be any more correct.
 
Cap:

I know a bit about a thing or too. (except the right use of the word "too")

I may come off sounding pretty smart, but if you notice from my posts, I'm not one to try and do a battle of wits about the constitution or anything. I kinda speak from the gut and what feels good to me and chime in when I've got something to say or a very useless post. I really don't consider myself a heavy hitter on very many topics I guess because I'm humble in that way. So I preface the following to say that I know nothing about contracts or contract law. But I do know how to get little kids to sing.

My gut (aside from major surgeries) has done pretty good at guaging people and situations for 10 years. I'm all ears and willing to listen because I have no real argument against contracts. I'd be a fool for making a case against them. I'm just relaying what I do and what works for me. Naive as it may be (and it is I'm sure).

Yes I'm incorporated with the state of KS and I have Liability insurance to the tune of a Mill. I believe I also have extra coverage on some of my gear as well. I do pay taxes too.

On rare occasion when I do form a contract it's because the client requests one or I have a gut feeling about a client. The ONE time I had a gut feeling, I formed the contract and won in court if you can believe it. I since have not collected from the guilty party using the garnishment of wages etc. $300 gone and not worth fighting for because of my time, but winning did feel good. Unfortunately, going to court or the idea of going really isn't worth it to me especially if I'm not the one holding payment.

The other times (maybe 2 times) I've formed a contract with a party, I just used knardini's as a template. His father (or mailman dad) is a lawyer and the contract sounded good to me so I used it. No problems with either of those events....

You may be dissappointed that I don't use a contract, maybe I am too a little. But I also feel I don't need one. I do use invoices if that helps at all. Just a basic line item cost of everything so there is something on paper at least, but 90% of my written stuff is over email. Most of my schools require my FEIN number and an invoice etc., but no real written agreement and terms. I just tell em "payment due night of show". It usually works unless their pay cycle is screwy. As far as brides or other parties go, no major losses on that side. Hundreds of events....

I dunno, maybe its just me, but I'm naive and still believe that small print scares people. Plus, in regards to deposits and what not; when a wedding cancels it seems because the relationship is falling apart. I'd feel like crap keeping a measly hundred bucks over lost love. Just makes me feel wierd doin' it.

Because its a "business contract" that very agreement takes "me" out of it. In essence I've created a document that controls ME and the Client. Hooray.....I'd rather have flexibility and I'm just too busy to meet clients to then have them sign multiple papers to cancel or go to court. Principals are fine until they start infringin' on my time.

I have a full time job and 4 kids. I don't have a real home office for clients to meet me, so when they do, its usually an Arby's or something and a meeting to get to know me. Usually then I'll see them again at their wedding day. If they are on my online calendar, I'm at their show. That easy. A great majority of my business is WOM from people who trust me and know me. About 1/3 of my BG's I never even meet face to face.

I guess I could just have all the same criteria I have now, but just put it in writing? I really don't care about deposits so I guess I could have something that is easy to read and interpret that basically tells the client what I'm to do? This is doable I suppose. You think too?

I follow all this up to say that yes, when properly educated on a subject, I'm damn good. I'm much more an entertainer than business person. This is all starting to change a bit as I look down the road to getting older. My thoughts that when the time is right, I'll have full fledge contracts designed for my business when I'm no longer the sole op. If I was a multi-op, I'd get all that stuff taken care of. I'd also be full time.

I'd come to you for help brother! (and prolly pay ya too)

Just puttin' it out there to you all. Thanks for listening. This reflection business is really gettin' me thinkin!
 
jt:

With all due respect, I differ with most of your post, but I won't try and change your mind. If your business works for you, who am I to tell you "it's wrong"? (unless you post asking for opinions about how you operate).

I would, however, like to point out one thing:

I have Liability insurance to the tune of a Mill.

I don't know the requirements of your carrier, but I do recall from Kemp Harshman, the ADJA's attorney, that the ADJA's liability policy is only in effect if you have a contracted event. For your own peace of mind, and that of your clients, please verify with your insurance carrier that you're meeting the criteria for liability coverage.
 
jt:

With all due respect, I differ with most of your post, but I won't try and change your mind. If your business works for you, who am I to tell you "it's wrong"? (unless you post asking for opinions about how you operate).

I would, however, like to point out one thing:



I don't know the requirements of your carrier, but I do recall from Kemp Harshman, the ADJA's attorney, that the ADJA's liability policy is only in effect if you have a contracted event. For your own peace of mind, and that of your clients, please verify with your insurance carrier that you're meeting the criteria for liability coverage.

Steve, I do believe the way I'm running the business is not the norm. Not really asking for help at this point because I already know what the opinions are. I just need more time to shuffle all that extra paper around! lol....

You make a good point about the insurance as it stands with ADJA.
I'm with State Farm insurance. She hasn't indicated anything about needing a contract to enable coverage. I will give her a call and find out. She's small town like me. In fact, I had an LCD projector get broken 4 years ago and I told her about it. She asked how much it was worth and sent me a check. No proof or nothin'.

Guess its that small town stuff that's pretty ingrained in me. Now that I'm in the big town, I better wise up a bit.
 
jt:



I don't know the requirements of your carrier, but I do recall from Kemp Harshman, the ADJA's attorney, that the ADJA's liability policy is only in effect if you have a contracted event. For your own peace of mind, and that of your clients, please verify with your insurance carrier that you're meeting the criteria for liability coverage.

Update:

Just got off the phone and she mentioned there would be no change in coverage with or without a contract. If one of my speakers falls and hurts someone, and I'm liable, the contract with the event coordinator has nothing to do with the claim.
 
JTNichol : Echoing Steve Sharp's sentiments, no effort will be made to change or alter your mind on how you run your office (though perhaps a small business rehab meeting might help...LOL). In my own defense of a previous posting, it was in response to this:
This is why I don't do contracts.
however in a subsequent post you said:
On rare occasion when I do form a contract it's because the client requests one
so it's gone from reading as "never" to "perhaps". Kewl. And if the brethern posting here have got you seriously looking at gong from "never" to "perhaps" to "mostly", the collective has succeeded in its educational purposes.

Love ya, man. Mean it!
 
Steve, I do believe the way I'm running the business is not the norm. Not really asking for help at this point because I already know what the opinions are. I just need more time to shuffle all that extra paper around! lol....

You make a good point about the insurance as it stands with ADJA.
I'm with State Farm insurance. She hasn't indicated anything about needing a contract to enable coverage. I will give her a call and find out. She's small town like me. In fact, I had an LCD projector get broken 4 years ago and I told her about it. She asked how much it was worth and sent me a check. No proof or nothin'.

Guess its that small town stuff that's pretty ingrained in me. Now that I'm in the big town, I better wise up a bit.
jt,

You likely do not have a State Farm (SF) Liability Policy and coverage for your DJ business because SF WILL NOT and DOES NOT issue such policies. My homeowners, auto, personal umbrella, and other personal policies are with SF and my agent is a lifelong personal friend.

He initially believed he would be able to obtain business liability coverage for my business but was surprised to learn that SF will not issue such a policy for a disc jockey business. He found other carriers for me but none, after a review and comparison, were as affordable and beneficial as the policy I eventually obtained through one of the DJ associations.

You may have a SF personal umbrella policy but you should carefully review the coverage and ask your agent to review said policy to confirm that you are covered while in the course and scope of your business. You may be surprised to learn of certain exclusions that render you uncovered and unprotected.

Good Luck.
 
I myself have had the same talk with my State Farm agent and was told that State Farm does not insure mobile DJs in any way shape or form as they deem it too high risk.

Sounds like we have an image problem on many fronts from what I have been told.
 
I myself have had the same talk with my State Farm agent and was told that State Farm does not insure mobile DJs in any way shape or form as they deem it too high risk.

Sounds like we have an image problem on many fronts from what I have been told.

Yup I was told much the same thing from many other companies as well... because we use portable systems in event environments such as Bars and Clubs because of the alcohol cunsumption we are at a high risk for accedents that involve patrons being smashed by our equipment even if not our fault.

Since there is no way to guarantee an insurance company that you only do sober events where nobody dances or even comes close to your equipment and there is absolutely no risk of injury... they wont touch you with a 10 foot pole held by Britney Spears.
 
JTNichol : Echoing Steve Sharp's sentiments, no effort will be made to change or alter your mind on how you run your office (though perhaps a small business rehab meeting might help...LOL). In my own defense of a previous posting, it was in response to this: however in a subsequent post you said: so it's gone from reading as "never" to "perhaps". Kewl. And if the brethern posting here have got you seriously looking at gong from "never" to "perhaps" to "mostly", the collective has succeeded in its educational purposes.

Love ya, man. Mean it!

Let me digress a bit.

I don't do contracts as a regular part of business. I have used them about 3 times so far in 10 years.

Yes, the collective has succeeded in its educational purposes and I'm prolly due for some business cleansing in the Cap Capello DJ baptism sistern! (down the road of course)
 
Yes I'm incorporated with the state of KS and I have Liability insurance to the tune of a Mill. I believe I also have extra coverage on some of my gear as well. I do pay taxes too.

Great post JT. I am wondering though how mot having a contract would see you fair if you had to actually call on your insurance provider to file a claim, or if you are audited by the IRS even though you do pay your taxes. The burden of proof in that case is on you to prove you are complying, and without contracts for each event to show a paper trail consistent with the income you are claiming, how would that stand in their eyes and would whatever you are doing now be sufficient?

I'm not saying you are ill-advised to not use contracts, but you would be ill-advised if you didn't do your due diligence as to how this decision may affect you later in the big picture and the long run.

I am particularly interested in whether or not you would be able to file a claim with your insurance provider, and if they would accept it or process it without a written legal contract for the event in question. They love their money, and just like any other insurer, no matter how much you pay into them on a regular basis, they will take advantage of any loop-hole no matter how small to keep from paying it out - and you're not having a legally binding contract for an event might just be one of those loop-holes in their eyes.

Again, something I would be interested in hearing a response about from someone in that industry.
 
Great post JT. I am wondering though how mot having a contract would see you fair if you had to actually call on your insurance provider to file a claim, or if you are audited by the IRS even though you do pay your taxes. The burden of proof in that case is on you to prove you are complying, and without contracts for each event to show a paper trail consistent with the income you are claiming, how would that stand in their eyes and would whatever you are doing now be sufficient?

As far as taxes:
My paper trail is tied directly to my bank which is tied directly to my Quickbooks which is tied directly to my Accountant....I report income as income and a plethora of things as expenses...


As far as filing a claim:
I think I need to call my agent back and request to verify that I as a mobile DJ are covered....
 
As far as filing a claim:
I think I need to call my agent back and request to verify that I as a mobile DJ are covered....

Nope. You probably ARE covered.... but the question isn't about whether or not you are covered - it's specifically about what the requirements are for actually filing a claim, and would they require a written contract for an event showing you and or your company as being contracted for that event. If the customer can't prove (ie with a contract in their hands) that YOUR BUSINESS (ie "the insured") handled their event, your insurer might not be required to pay out - which would leave you personally responsible.

Not a question of coverage - a question of what paperwork or documentation they will require from you and/or the client to acknowledge, file, and process a claim. If you contact your rep - ask him that specifically - and I'd love to hear his answer either way. :)
 
IF State Farm IS covering your mobile DJ operation, I'd very much like to know how they are doing that as I have been going round and round with State Farm and others.

I finally said enough, joined NAME got the insurance thru them.
 
This is strange because my agent and I talked and she said I was covered on mobile events but not on installations.

Wierd....I think I need to make another call!
Request a copy of the policy and have the agent highlight the language the establishes the coverage.

Then, contact SF HQ http://www.statefarm.com/insurance/service_center/service_center.asp and confirm that you have a copy of an actual, in force policy.

If you learn that you do have a SF issued policy, please let me know and I will contact my agent and attempt to find out why I can't send SF more of my money.
 
I would simply hate for you to be paying a premium for something that would get nullified if you ever needed (God forbid) to use it.