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Old May 22nd, 2013, 02:23 PM   #31
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Re: Getting contracts signed

Quote:
Originally Posted by Peter Riding View Post
contract is way too long and probably wouldn't hold up in court for that reason alone

That is based on what exactly Al ??? Which clauses would you leave out and prefer to take a chance on? A contract CANNOT be too long, it can only be "guilty" of being obtuse in a deliberate attempt to gain an advantage over one party. Since my contract is always online and it is perfectly clear to the clients that a contract is required they have all the time and opportunity in the world to raise queries before committing themselves. And they get a countersigned copy - which I now supply by PDF attached to an email so they cannot lose it. And a cooling off period.

In the UK minor commercial business to consumer disputes are dealt with by the small claims court. That has a more common sense approach than the confrontational nature of higher court proceedings. In effect an adjudicator listens to both sides, asks questions, and rules. Both parties are obliged to accept the ruling.

The idea expressed by some members that they don't like the idea of a contract because it is a contract is worrisome. Bite the bullet before you get taken to the cleaners - there are some evil people out there. Peter T's recent post about a client trying to get a full refund after she had had delivery and the opportunity to copy the disc (which she had already said she liked) is a surprisingly common scenario as reported on private photo forums.

Pete
Peter,
I guess I shouldn't say that your contract won't hold up in court. I do know that mine was put before a customers lawyer and they folded, so I take that to mean it would pass the scrutiny of the courts. The difference being mine is short and concise and serves the same purpose. It just begs the question "what are you attempting to do" with so much language?

If you look at my contract and my other post regarding the 2 lines that were added, myself and my client are covered in a 1/4 page. The clients complete package, booking and contract is on 1 page. That being the same document where their signature resides. That way it's clear that no changes were made after they signed.

On another note we have always had small claims court in the U. S. as well.

I think we agree, everybody should use a contract. It's a benefit to you and your customer.
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Old May 23rd, 2013, 01:39 AM   #32
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Re: Getting contracts signed

I don't think that anyone who has posted on this thread is not using a contract. We all are whether we call it a contract, a service agreement, booking conditions or whatever. As long as it's agreed by both parties then it's a contract. If you feel happier in your jurisdiction with a signed piece of paper that's fine but I know that here in the UK that an email audit trail is just as valid to prove a binding contract with all the necessary components of a contract i.e. an offer, an acceptance, a consideration & the creation of a mutual obligation.
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Old May 23rd, 2013, 01:53 AM   #33
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Re: Getting contracts signed

Actually Nigel,
The thread had nothing to do with who uses a contract.

The OP only wanted to know how are you getting them signed?

The thread unfortunately turned in this direction. But obviously there are some who are uncomfortable with using a contract as if it would have an effect on booking the job. I just can't see that.

In this particular arena the U.S. is no more litigious than anywhere else.
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Old May 23rd, 2013, 02:07 AM   #34
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Re: Getting contracts signed

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Originally Posted by Peter Rush View Post
Interesting Al - What do you call 'Performance Fee'? A nice, short (and not scary) contract though

Pete
Actually Pete,
It's been so long I forgot the exact reason. But I know the lawyer said "performance fee had a better chance of holding up in court.

I think it has to do with the fact that it's a :
Executory contract
A contract in which all or a portion of the promised contained therein have not yet been performed.

As I said, I'm not certain though. It's been a long time
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