Looking for work contact / template

[Lee Cardan]

Howdy

Getting a few bookings here now, and would like to have a simple one page PDF I can mail to clients/labels (labels especially) for them to sign and return, binding them to a few things such as:

1- obligation to them to repair damages to fitout. normal wear and tear expected - just stupid shit like dragging amps around, bashing against walls etc..

2- obligation to replace damage to gear in the event of misuse, barefoots pump but still can blow! so can mr M88 and 4038

3- and standard stuff I can't think of now like expected deposit, what happens in event of cancellation

you know what I mean

anyone able to point me in the right direction?

cheers

[Linear]

I don't want to sound overly negative, but i don't think a signed piece of paper is going to placate your worries for damage/neglect/broken things.

put it this way - would you be prepared to go to court to enforce a blown 4038 ribbon? if not, then the piece of paper isn't worth anything but hassle and bad vibes.

secondly, if i come to your studio and a barefoot blows, who's to say it wasn't about to blow anyway? how do i know the M69 wasn't already dead? if you tried to charge me for that and i didn't do anything stupid i'd tell you where to stick it.

a better approach i think is plain old risk minimisation, and the mindset that things will blow and break and fail, and it's just a cost of running a studio that you need to build into your pricing structure.

if something is there to fall over/be knocked/broken/tripped on/stepped on/incorrectly plugged/wired backwards/fall off/smash/slip/get caught/blow, then someone who comes into your studio will manage to do it. so just minimise the risk.

also i have a few policies (yes, i'm anal):

- no ribbons where i wouldn't put my own ear (except royers)
- no expensive mics (47's, 67's, m49's etc) in stupid places like where they're likely to be hit or damaged
- sandbags on all mic stands
- cables to loop under the feet of mic stands
- no drinks near console (although i'm allowed to break that rule)
- monitor volume down when plugging in/turning on outboard;
- ask before pulling something out to try/plug in/use
- no alcohol consumption during sessions

the last one is boring and i'm not a teetotaller, but in almost every case it leads to poorer performances/more arguments/more things broken/place smelling like a pub/lots of wasted time. if people don't like it then there are plenty of alcoholic studio owners/producers/engineers out there they can work with.

in other words, common sense before contracts! lastly, get a deposit but not once has anyone ever forfeited it. it's just not cool and bad vibe will spread like wildfire. if someone cancels, then it's usually for a very good reason (drummer broke foot, someone had a baby, someone's flight got cancelled) and most times rebook and enjoy the days off.

chris

[The Tasmanian]

I'm with Chris on this
You may lose more work than you gain with a contract that makes artists and producers scared to use your facility.
Your best insurance is smart things like putting inline fuses on your monitors, sandbags etc etc.
And also having a good assistant that you supply with these sessions that knows your gear concerns.
You may have to adjust your prices a bit to add an assistant - and you may not be able to add this cost in total on the bill. Like split the cost between the business and the client paying.
Don't scare away your clients with contracts that at the end of the day you can remedy a lot of these concerns with smart business decisions.

[ChrisW]

Every studio I've worked at has a minder/security.
Put another way, the owner or trusted assistant engineer.
Once the owner realises we know what we're doing and are respectful, they always disappear off into their office to watch tv, do some paperwork or play with a smaller midi set-up.
No one has ever quoted rules to me, like no ribbon here, or no drinks there, no alcohol. What happens is the owner keeps popping their head round the door, and if you are about to do something stupid they advise you not to.
In the end Chris is right in that renting out your studio is like letting strangers into your own home and hoping they wont trash the kitchen, the hi-fi and tv. Them's are the breaks.
A deposit and cancellation policy (say 24 hours notice) are pretty standard and completely reasonable IMO.

[Lee Cardan]

Hi Chris,

I agree with everything you've said
But lets put it this way, I'm a totally reasonable guy. if I can see something that was just 'shit happens' then there's no way I'd be trying to weasel some cash out of someone. I know my desk needs help- I'm not going to go in one day and say 'hey you must have done some stuff cos now that channel's funky'

The whole point of this would not be to take someone to court over anything, but just state before anything that I expect a certain level of respect towards my place, gear, and wishes, and simply want to make people aware of that. I'm getting sick of having to verbalise to every client that I expect full payment before anything files leave the place. I feel like a tool saying it but I need it to be said. Similarly for damaged gear, I know mics can go bad, but if some dumbass is jumping around rockstart style in the control room and smashes my stuff up, I'll be damned if I'm going to cop it as 'well it's to be expected'

But in the event it gets ugly, firstly it could be taken to the SBC for advice, and in the past they've written 'demand' notices for me on their letterhead to make someone aware of their obligations. And then there's VCAT who charge a very small fee to deal with stuff from a legal directive

[Lee Cardan]

OK

I see where you're all coming from
And again, agree with you all. I have an assistant who I completely trust to keep it right when I'm not there. We both 'get it' and will both interrupt any silly behaviour or equipment misuse hopefully before anything happens. I'm not looking for a 10 page document full of fine print, as I said above


Let me start again,

Have a look at this, would you sign it?

http://www.easternblocstudios.com/EBS_AGREEMENT.pdf

[wez]

I think many of us consider using those sorts of documents when we start out, and yours is very tame Lee.

But hang around for a few more years and you'll wish you had've just relaxed a bit more. I know I certainly do.

One of the most important skills a studio owner can ever have is graciousness. Trust your clients. It will make a huge difference in not just your business but in your life.

[AnthonyMF]

I'd take out the caps, it gives a sense of aggression to the wording. Just an underline will do fine to draw people's attention to it.

And yeah, I'd take out the damages part. The only time I've ever had something break in a session (I was producing), the drummer managed to break the cradle for a C414 while I wasn't looking. The band freaked out big time, left a note and offered to pay for the damage. The studio owner is the nicest guy, he just has that vibe of loving his studio and wanting to be as helpful as possible.

I think, given the size of your facilities and the cost that must be involved, the types of clients you attract should be more appreciative and respectful than some of the clients in the cheaper end of the industry. Although there's always exceptions. People respond pretty well to being respected and treated like adults.

There's a rehearsal studio here in Perth, and it's the nicest, cleanest rehearsal studio, and booked out like crazy. Why? Because the owner has developed a sense of respect with the bands that come in, that everyone respects the place and the equipment for the sake of everyone else. He'll leave it up to bands to clean up the place, and the last band out has to lock up. He has a board where everyone can put their upcoming gigs etc, and has developed a sense of community.

Anyway that's just my take on things.

[Lee Cardan]

fwiw, I am pretty darn relaxed by nature (i dunno.. like a monkey?)

I guess I thought the idea of this might lead to be relaxing a little more and not stressing about 'un-defined' particulars

In any case, I'm going to trust you on this Wez and forgot it for the time being
we'll see what the future holds

[Sammas]

fwiw, I am pretty darn relaxed by nature (i dunno.. like a monkey?)

I guess I thought the idea of this might lead to be relaxing a little more and not stressing about 'un-defined' particulars

In any case, I'm going to trust you on this Wez and forgot it for the time being
we'll see what the future holds

I reckon you'd be better off putting up a quirky little sign in the studio somewhere that says "you break it, you replace it... Or we all risk death by be!@#$%^&." Or something light-hearted, yet equally serious...

[rob]

some people have respect and some don't. Signs and contracts don't seem to alter that fact.

Here's a true story:
As a sideline I do work at the melb Grand Prix. I set up and provide tech support for the race communcations room. This is like mission control for the entire race operations where the race is started and communication to support people is centred; trackside marshalls, fire trucks, medical personel, police, engineering, emergency crowd PA, aircraft flyovers, the whole shebang. In the testing and setup days we noted that some of handheld two way radios would cause the new laptops to lockup. These laptops are used for all commincations and control and are vital to the systems operation. The two way radio channels can be accessed using the laptops and donning a headset/mic. But of course you can't the prance around the room while you make your call. Since a laptop locking up during an emergency could be potentially life threatening we posted a sign on the door of the race control room saying that two way radios were not to be used in the room. We even had the head of the operation announce this to all operators at the start of the event. Guess what. A couple of guys who figured that they were far more important than anyone else continued to use two way radios all weekend. These guys were like the rockstars of the show whose behaviour was not be questioned, 'cause they were so very important and special.
Now this isn't a gig where a mic stand might fall over, this is a gig where someone might drive into a concrete wall at 200 plus kilometers per hour and where a highly coordinated team could be required to save their life and prevent anyone else from coming around the corner at the same speed into the rescue team taking out more lives.

The sign on the door only worked with the people for whom a polite mention would have been sufficient anyway.

[Lee Cardan]

interesting story Rob, what total knobs

I think my place presents itself in such a way that people who inherently respect will immediately see the benefit of that (ie, the result of respect). What I mean is, it demands respect in it's own right. And if someone doesn't respect it, they weren't going to regardless of what measures I take

I just don't want my pretty place to be trashed by some

And anyone who be touching any gear better know damn well what they're doing in the first place

I guess whoever signs whatever bit of paper I write unfortunately doesn't mean anything towards the above.. it's purely up to the individual and if someone screws up then all I can do is hope they do the right thing about it. so, forget it

[The Tasmanian]

Lee -
95% of your clients should be totally fine IE: respectful of the gear and mindful of the effort you have put into your facility and equipment.
Of the 5% that you may have concerns for (like big boozing clients) make sure your trusty assistant is on the job.
Dont EVER let them within a meter of the console/main equipment with a drink in hand.
Install a pair of inline fuses for the monitors on loud sessions.
Have your assistant put double sandbags on mic stands that hold valuable mics.
Even get the assistant to choose less expensive mic's for tasks (hide your Neumann's)
Its all smart risk management.

In 17years at BJB there were only a few accidents over the years in the tracking room, most of which came from assistants that were too experienced before they had enough experience. (so fast and confident that they made errors - like dropping a RCA 44).
Or outside engineers that only had "computer" experience - no idea of running cables (and a lot of other things)

Its easy to tell a session could be a worry when an outside engineer runs the mic cables - it takes 2 seconds to drop in on a session to determine this as they are setting up.
# the fools who use mic leads that are exactly the right length (meaning one small trip and the mic falls over)
# the tools that dont leave a spool of cable at the bottom of the mic stand to prevent cable trips and make them easy to move without tangle.
# the fools that put a heavy mic on a stand before they put the sandbags on (I've seen them do this and as they walk off to get the sandbag the mic stand falls over)
# the idiots that drop the sandbags onto the stand while the mic is on - instead of gently placing it.
# Messy cable runs = messy session, forgetful minds, accidents, confusion, major session inexperience.

It's all your smart risk management on a very small percentage of clients that will be your insurance.

If I was to come to your studio for the first time and you wanted me to sign a document taking responsibility for all of your equipment then I would rather not.
Apart from starting some sort of future working relationship with your facility you have stated at the beginning that you don't trust me and its written on paper.
Why should I take the financial risk on your equipment?
You as a business should have insurance,
Why should I be your insurance policy?
So not a great way to start a future working relationship with me - or any client for that matter.
I and they would get a better more trusting relationship working elsewhere.

Trust your clients 100% unless they give you reason to be concerned - then move to risk management.

[wez]

aah Lee, are you feeling the love? i'm feeling the love.

I probably wouldn't care so much, except that I learnt a lot about how to deal with this stuff in that very room you work in Lee. So in this weird way I see you as the custodian of the Elgin Place vibe. Look after it

[rick]

the only thing i ever had my clients sign is the check

[waitup]

Best have them sign the merchant copy credit card reciept, too Rick And didn't you have Kylie sign that picture too?

Does anyone still use cheques any more, by the way? I remember my mum paying for the groceries with them when I was a kid... can you still get away with that?

[Linear]

Lee -

Or outside engineers that only had "computer" experience - no idea of running cables (and a lot of other things)

sounds like you're talking about audio school graduates ;-)

seriously, the shotbag thing is THE most important utensil for preventing preventable accidents. and coiling mic cable under the mic stand and making sure the cable loops UNDER one of the micstand feet. That way, if someone trips on it, the pull the stand sideways rather than over.

you're always going to have accidents no matter what - recently I had a music stand of all things fall and smash the top of a condenser mic (luckily it was only a rode) - but unless you bolt/sandbag everything, something will fall over. it was an accident and the person was very apologetic.

as you or your assistant get more experience, you learn to deal with most situations. there's nothing worse than telling people a bunch of rules, or telling people off for doing things. so just don't give them the opportunity to do stupid things in the first place!

Chris

[AnthonyMF]

Does anyone still use cheques any more, by the way? I remember my mum paying for the groceries with them when I was a kid... can you still get away with that?

22 years old and I've never seen a cheque. It's all online bank deposits or cash. I'd be out of my comfort zone if someone wrote me a cheque, I'd have no idea what's legit and what's not.

[Drumstruck]

A simple piece of insurance is to use guest accounts on your DAW and remove access to the CD burner from that account - that way the data doesn't leave the site until you let it (i.e. after payment is received). This also safeguards your DAW config from people who "know how to make it go faster".

[rick]

Best have them sign the merchant copy credit card reciept, too Rick And didn't you have Kylie sign that picture too?

Does anyone still use cheques any more, by the way? I remember my mum paying for the groceries with them when I was a kid... can you still get away with that?

ok ok .... every part of that is correct

i have had production contracts signed as well !
i guess my point was lost in its brevity
i still get cheques once or twice a week , i havent written one in a couple of years

maybe you guys havent seen a cheque because they didnt give checkbooks to kids ... just credit cards !
bouncing a check is against the law
bouncing a credit card payment is the way of the world it seems

i cant have credit cards - they are no good for me

[waitup]

I can't have a credit card either... Very bad idea!

Anyway... Back to the topic. I don't make bands sign anything and the only artists I've been burned by have been the ones that would do it regardless of contract. I reckon just command the bands respect by being professional as hell and they'll look after your gear and look after the bill.

[Milo]

Pete Rowan (bluegrass legend) tells a story of when he was working with Bill Munroe, at a radio interview:
"Mr Munroe, are you upset that the performer Elvis Presley has done a rock 'n roll version of your classic bluegrass song "Blue Moon of Kentucky?"

Bill (Slow drawl): "Why, no, suh. Them's mighty powerful cheques"