What is the name of your state (only U.S. law)? Georgia
Hello, this is my first post and was looking for some advice. I am a DJ and if I find that I have to do this upcoming event, I will do it. I'm just looking for advice in order for me to understand my options at this point, as this hasn't happened to me before.
Okay, in September, I booked two events: 1 for Nov 6 and another for Dec 4. Just did the Nov 6th booking and those were the worst people that I have ever done an event for in my career. There are a lot of details that I won't go into here, unless asked, but I can just say in a nutshell, the people in charge of the event as well as the audience members were very, very rude, drunk, threatening and unruly.
Anyway, after that experience, I have no desire to see these same people and perform for them for the Dec 4th event. I think things are in my favor, but I wanted to see what you guys think:
First, I'll state what's in my favor, then what I'm questioning:
In my favor:
* I have still not received a signed contract from them. Sent them contract Sept 28.
* I have not received a deposit from them as of yet for Dec 4.
* Below are snippets from my contract:
- The obligation of contractor may be void where act of God, order of public authority, vandalism, or other condition beyond normal control, accident, illness, renders such an event unsafe, unlawful or impossible. Liability for failure to perform any portion of this agreement is limited to the face value of this agreement. This contract contains the entire agreement between the parties and there are no other promises or conditions in any other agreement whether written or oral.
- CANCELLATION POLICY: ONCE THE DEPOSIT IS GIVEN, THE EVENT DATE IS OFFICIALLY BOOKED.....
Here's what I question:
* My contract just says that I need to receive the deposit "as soon as possible" to lock the date. It doesn't state an actual "got to have it by" date.
* In an email (prior to the Nov 6 fiasco) sent from the client, she asked if I have received the deposit and signed contract yet. (Her co-worker was supposed to have sent it) I told her no. She then said even though I don't have the money and contract, "I have her down for the date, right?" I then replied "yes".
Well, I always have people written down in pencil when they originally request a date, but nothing is solid until I get a deposit. Now back to my question, does the fact that I sent her the email stating that I have her down obligate me for the event, even though I haven't actually received a deposit and the contract back?
I swear that I don't want to be an unprofessional jerk, but I had no ideal this crowd would be this horrible and I have no desire to be put in that situation again. If it's felt that I'm just going to have to "suck it up" and do it one more time, then I'll do it, because I definitely don't want to be sued, even though I think my snippet above (limited to the face value of this agreement) means that at most I would be obligated for is the low amount that I charged her and I can live with that, actually. Thanks for your help and apologies in advance if this is a dumb question. Just not sure. THANKS!What is the name of your state (only U.S. law)?
Hello, this is my first post and was looking for some advice. I am a DJ and if I find that I have to do this upcoming event, I will do it. I'm just looking for advice in order for me to understand my options at this point, as this hasn't happened to me before.
Okay, in September, I booked two events: 1 for Nov 6 and another for Dec 4. Just did the Nov 6th booking and those were the worst people that I have ever done an event for in my career. There are a lot of details that I won't go into here, unless asked, but I can just say in a nutshell, the people in charge of the event as well as the audience members were very, very rude, drunk, threatening and unruly.
Anyway, after that experience, I have no desire to see these same people and perform for them for the Dec 4th event. I think things are in my favor, but I wanted to see what you guys think:
First, I'll state what's in my favor, then what I'm questioning:
In my favor:
* I have still not received a signed contract from them. Sent them contract Sept 28.
* I have not received a deposit from them as of yet for Dec 4.
* Below are snippets from my contract:
- The obligation of contractor may be void where act of God, order of public authority, vandalism, or other condition beyond normal control, accident, illness, renders such an event unsafe, unlawful or impossible. Liability for failure to perform any portion of this agreement is limited to the face value of this agreement. This contract contains the entire agreement between the parties and there are no other promises or conditions in any other agreement whether written or oral.
- CANCELLATION POLICY: ONCE THE DEPOSIT IS GIVEN, THE EVENT DATE IS OFFICIALLY BOOKED.....
Here's what I question:
* My contract just says that I need to receive the deposit "as soon as possible" to lock the date. It doesn't state an actual "got to have it by" date.
* In an email (prior to the Nov 6 fiasco) sent from the client, she asked if I have received the deposit and signed contract yet. (Her co-worker was supposed to have sent it) I told her no. She then said even though I don't have the money and contract, "I have her down for the date, right?" I then replied "yes".
Well, I always have people written down in pencil when they originally request a date, but nothing is solid until I get a deposit. Now back to my question, does the fact that I sent her the email stating that I have her down obligate me for the event, even though I haven't actually received a deposit and the contract back?
I swear that I don't want to be an unprofessional jerk, but I had no ideal this crowd would be this horrible and I have no desire to be put in that situation again. If it's felt that I'm just going to have to "suck it up" and do it one more time, then I'll do it, because I definitely don't want to be sued, even though I think my snippet above (limited to the face value of this agreement) means that at most I would be obligated for is the low amount that I charged her and I can live with that, actually. Thanks for your help and apologies in advance if this is a dumb question. Just not sure. THANKS!What is the name of your state (only U.S. law)?