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Questions about contracts???

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Questions about contracts???

Post by FUNFACTORY on Mon Apr 25, 2011 5:31 pm

I booked a company party today , and was asked about a contract. I don't have one! do any of you have one I could read to get an idea of what I need to send out? even just some input and pointers would be very helpful .
THANK YOU, THANK YOU!
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FUNFACTORY

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Re: Questions about contracts???

Post by Fabtastic on Mon Apr 25, 2011 6:34 pm

There are some links to contracts in this thread:
http://www.facepaintforum.com/t4001-contract-agreement#53185

I put one together using bits and pieces from different ones I had seen. If you want, I could message it to you to look at.
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Fabtastic

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Re: Questions about contracts???

Post by FUNFACTORY on Mon Apr 25, 2011 7:24 pm

Isabelle, if you would send me your to look at that would be great Laughing
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FUNFACTORY

Number of posts : 382
Age : 45
Location : CEDAR RAPIDS ,IOWA
Registration date : 2011-02-22

http://WWW.FUNFACTORYFACEPAINTING.COM

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Re: Questions about contracts???

Post by Fabtastic on Mon Apr 25, 2011 7:45 pm

Well, I have it saved as PDF but I couldn't attach a PDF to a PM, so I cut & pasted the text of my agreement/contract here. The section with all the $ doesn't line up here because I have it set up as a table in my document, but you get the idea. And I have my logo on top like a letterhead.

What I do is, I have a version of this which I call an intake form and I keep it by my phone. The intake form doesn't have all the disclaimers on it, just the event info - but it does have all my rates on it, so I don't quote the wrong amounts. When I get a call, I fill the blanks in with a pen. Then I complete the Service Agreement so it looks tidy, and I email or fax it to them. Feel free to use any parts of it that you find helpful!

* * * * * *

SERVICE AGREEMENT

Please review this agreement to ensure that all the information is correct. Then sign and date it and mail it back to us with your retainer fee ($50) immediately. Your time will be held for you for 7 days without the signed agreement. After 7 days, we may book that time with someone else so please do not delay! Thank you!

Our mailing address: XXX
If sending a cheque, please make it payable to: XXXX

Alternatively, Paypal payments may be made to: XXX@email address
Please let us know if you would like us to send you a Paypal invoice. Otherwise, just use the “Send Money” option and let us know that you have done so.

Client Details:

Client Name:

Client Address:

Home Phone:

Email:



Event Details:

Date of Event:

Event Description:

Address of Event:

Indoors/Outdoors:



Fee Details:

Start Time:

End Time:

(Face painter will arrive approximately 15 minutes early for setup, 30 minutes if sun shelter is being provided. Hourly fee does not include set up or take down time)
Total Face Painting time: ________ Hours Quoted at $________ per hour: $
10' x 10' shade canopy tent: ($25) $
Travel Fee (if applicable): $
*Less Retainer to secure date (non-refundable): -$50.00
Balance to be paid on the date of event to the face painter: $



Liability Statements:
Although we use water-based professional facepainting products which are safe for skin and are FDA compliant for use as a cosmetic good, we are not liable for allergic reactions to makeup products. It is the parent's responsibility to notify us if their child has sensitive skin.
For safety reasons, we will not paint children under 2 years old, sleeping children or children who do not want to be painted.
For sanitary reasons, we will not paint anyone who is or appears sick, or is suffering from cold sores, conjunctivitis, any infectious skin condition or open sores.
We cannot supervise children. Their behaviour and safety is the responsibility of the parent or host.

Cancellation and Rescheduling:
We will make every attempt to accommodate you in the event that you must postpone or reschedule this event, however there will be a fee of $25 for each date postponed or rescheduled unless 14 days' notice is given. Your Retainer Fee will be transferred to the new event date.
In the event that you have to cancel for any reason, please be advised that the Retainer Fee is non-refundable.
In the event that we have to cancel for any reason, the Retainer Fee will be refunded to you and we will make every attempt to find a replacement face painter.

Overtime:
If you request that we remain beyond the time contracted, please be advised that we will do so in 15 minute increments, if we are available to do so. Please be aware that we may have another event booked after yours, and may not be able to stay beyond the contracted time. If additional time is requested and is provided, payment will be made at the same hourly rate as noted herein and will be paid on the day of the event.

NSF Cheques:
There will be a $45 fee for returned cheques, plus the amount of the cheque.

Parking:
Reimbursement will be made for any parking fees, or parking validation to be provided.

Outdoor Events:
If the event is scheduled to take place outdoors, we must be provided with adequate protection from the elements. We do have a sun shelter available ($25 fee) which can be provided, however please advise in advance if this is required.

Breaks:
Artist will be allowed a 5-10 minute paid break after every two hours of painting.

I have read, understand and accept the above liability statements, terms, and conditions of the this agreement. I accept the details of this agreement as accurate.


Signature: ________________________________________ Date: _________________
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Fabtastic

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Re: Questions about contracts???

Post by FUNFACTORY on Tue Apr 26, 2011 10:41 am

Thanks Isabelle-that is very helpful bounce
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FUNFACTORY

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Re: Questions about contracts???

Post by Fairy Mellie on Sun Apr 27, 2014 5:11 pm

Sorry this may be a really silly question... But having a contract like the one above with the Liability statements - is it still necessary to have Public Liability insurance? After they have already agreed that you are not liable for those things?
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Fairy Mellie

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Re: Questions about contracts???

Post by Forest-Fairy on Mon Apr 28, 2014 12:09 am

Sadly most contracts like these don't really hold up in court believe it or not. If you want a real contract you usually have to have an official one drawn up by a notary or a lawyer to be more ligit. (you get what you pay for)

Best a homemade could do is if you are lucky and they don't know that it probably wouldn't hold up in court. That way they at least would think twice. If the parent wanted to sue, a hand written contract like this wouldn't stop them. :/

But it does work rather well for stating up front and informing them what is expected of them. For example not being a supervisor for the children, who is providing table and chairs, if you prefer cash or check etc.

A homemade contract is a great way to state your payment and cancellation policies, discourage cancellations, and have a leg to stand on with those clients who would try to take advantage of you. "I'm sorry but it says in my contract that..." which is a contract that they signed. It gives you something to to refer to for how you work and that they were informed of this prior to them hiring you. Which is also why contracts like these don't even have to be signed . The signature helps with having something to point to that they agreed to, that will usually stop a disagreement before it begins.

That's really all homemade contract is good for imo. So it still has it's place for informing the client of certain expectations, but it not a true legal document.

One should ALWAYS have insurance.
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Forest-Fairy

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Re: Questions about contracts???

Post by TheGildedCat on Mon Apr 28, 2014 12:39 pm

I'm not sure how laws differ in Canada, but in the US, a contract does not need to be drafted by a lawyer nor signed in the presence of a notary to be a valid legal document admissible in court. This is the basis for "oral contracts" too, though harder to "prove" than a written document. There are only two components of most legally binding contracts, that both parties are in agreement, and some trade takes place (service, goods, etc). That information is care of my lawyer, but also can be cited here: http://www.nolo.com/legal-encyclopedia/contracts-101-make-legally-valid-30247.html

However, I do view my contract more in the way that Fairy talks about - an outline of expectations for my client in addition to a way I can make sure I protect my business.

Yes, I carry liability insurance on top of having a signed contract. I will not do an hourly event without a signed contract - no way, no how. On an aesthetic level, a contract also makes corporate clients feel better working with you and viewing you as a professional. There is something in place stating you'll show up at this time and paint for this number of hours.

A contract doesn't stop someone from suing you and it doesn't stop you from potentially being found negligent. Maybe that's what Fairy means? It's not all powerful, but if you complete a service and someone doesn't pay you - you now have proof that there was an expectation of payment.

Should I need to take someone to small claims court, having had them sign a well-written contract that doesn't contradict itself will greatly help your case. Emails confirming acceptance of the contract are also admissible as evidence.

Some of the problem may be in enforcing your contract to the point of payment. A court may order a person to pay you for work done, but there is no real way to enforce that in a small claims setting, which is where most of our concerns would probably end up.
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Re: Questions about contracts???

Post by Forest-Fairy on Mon Apr 28, 2014 3:34 pm

TheGildedCat wrote:
A contract doesn't stop someone from suing you and it doesn't stop you from potentially being found negligent. Maybe that's what Fairy means? It's not all powerful, but if you complete a service and someone doesn't pay you - you now have proof that there was an expectation of payment.

Should I need to take someone to small claims court, having had them sign a well-written contract that doesn't contradict itself will greatly help your case. Emails confirming acceptance of the contract are also admissible as evidence.

Some of the problem may be in enforcing your contract to the point of payment. A court may order a person to pay you for work done, but there is no real way to enforce that in a small claims setting, which is where most of our concerns would probably end up.

Yes this is what i mean.

For the most part Canadian contract law and American law are darn near the same. For the most part if a contract is very well written it will stand a better chance. As in Canada a contract has to be very detailed to meet a 'well informed' condition, then it can hold up in court.

The condition of it being legally drafted is if the contract holds serious consequences (like a medical liability).

But what courts LOVE to do is pick appart language in contracts. If anything is ambiguous or fuzzy about what is written down, the law generally will interpret the fuzziness against the person who wrote it that way. Which is why I said that most contracts don't hold up in court is because of THIS reason.

See, when a court of law is presented with a case involving a contract, it must look to a set of guidelines known as the "Rules of Construction" in order to properly interpret the agreement.

Our contracts are what are called 'contracts of adhesion.'
In a contract of adhesion, one party draws up the contract in its entirety and presents it to the other party on a 'take it or leave it' basis; the receiving party does not have the option of negotiating, revising, or deleting any part or provision of the document.
Ex: Insurance contracts are of this type, because the insurer writes the contract and the insured either 'adheres' to it or is denied coverage. In a court of law, when legal determinations must be made because of ambiguity in a contract of adhesion, the court will render its interpretation against the party that wrote the contract. Typically, the court will grant any reasonable expectation on the part of the insured (or his or her beneficiaries) arising from an insurer-prepared contract.

In such cases of unclear or ambiguous contracts of adhesion, they will be interpreted against the contract writer, in other words, the court will generally favor the cause of the other party.

EXAMPLE:
"The client in a private party setting which is by invite only, is responsible to compensate the artist for any action deliberate or accidental by the them or their guests which results in damage to my equipment or belongings."

Why is this a bad thing to have in a contract? Because it doesn't state in every sentence who the client and artist is, instead using 'they', 'them' and 'my'. "by the them or their guests" whose guests? For all we know it could mean the artists guests because 'THEM' was used right before this and it was not well defined who was 'them'. It also swtiches from thrid person to first person at the end. You also have to state some where on the contract who is the client and who is the artist, and what service the contract is for. Slip ups like this would not bode well in court.

Better Example:
"The PURCHASER in a private party setting which is by invite only, is responsible to compensate the PROVIDER for any action deliberate or accidental by the PURCHASER or their guests which results in damage to the PROVIDERS equipment or belongings."

Also have this somewhere on the contract

Provider: -my name or company name-
Purchaser: -my clients name-
Services Provided: Face Painting
Date of event: -date-
Total Owing: -$$$-
-See Attached Invoice for Full Details-
etc.

They key to having a contract hold up in court is LANGUAGE, make your handwritten agreement simple and clear and concise and you stand a better chance.

Also hand written contracts about liability for allergic reactions probably wouldn't hold up as they are not usually properly informed, and they hold what would be considered serious consequences. :/
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