What is you folks current policy on missing a gig due to your own illness?

There was a time not long ago where you were expected to go on sick or not,
but currently that seems ripe with issues.

I've been lucky enough to never miss a gig so far. But it appears in my contract that
if I'm unable to be there, they'll be refunded any deposit. That's the only
policy on the matter I have in writing.

Additionally, how else have you changed your contract over the last few years?

Thanks for the time.

I agree. Things are different now. I have performed many times pre covid while being sick, including with a high fever. I would still do that today, except for the fact that there is a certain percentage of people that are very sensitive to this issue.

I had a situation a few weeks ago. I had visited my mother in the hospital and the day after found out the she had tested positive for covid. I informed all of my customers for the weekend that I had come in contact with a person with covid, but I had no symptoms. Two of my customers where fine with me performing as scheduled. One of them was very hesitant but allowed me to perform. All of this and it turned out to be a false positive covid test, and she tested negative for the next 3 days.

To answer you question, I think the proper thing to do is inform your customers that you are sick and allow them to make the decision, and of course refund their deposit if they are uncomfortable with you performing.

A word to the wise: Since the very beginning of covid I've been taking 2000mg of Vitamin C and 2000 IU of Vitamin D3 everyday, along with daily exercise. I have only been sick one time in 3 1/2 years! This during a pandemic and coming in contact with thousands of children.

Thank you for the info Ken, lucky enough I don't get sick often either.

The fact is showing up sick as tough and cool and rah rah as it sounds is actually quite irresponsible. Even prior to Covid it wasn’t a really smart thing to do. Post Covid? Ugh.

Ken good on you for taking that financial hit. Not easy to do. But definitely the responsible thing.

By the way regardless of what is in your contract if you don’t show up they probably get their deposit back. I’d take it out of there because it is probably covered by the law in your state.

A contract is basically “I’ll do this, so you do that” . If you don’t do your part by showing up you have breached the contact. Thus they get back their money. Not always mind you. But then again why wouldn’t you give back their money if you are the one, for whatever reasons, who breaches the contract?

You don’t have to specify things in contracts that are covered by law.

You're correct Danny, at least here in Arizona I would have to refund regardless, this is probably true most places.

Yea most places openly discourage fraud this is true.

Which is why having it in is kind of pointless.

Also it brings up the point I ALWAYS try to make. Have a lawyer draw up your contracts. Don’t use one from other performers who looked at another ego looked at a a different one who copied it from legal crap .com. Have an attorney in your area of operation write it up.

This will make you look like you know what you are doing, even if it isn’t entirely true.

Every point of contact matters. As you get past birthday parties and start working in more professional markets you need every point of contact to look like you belong on that level.

As someone who has spent a considerable amount of time dealing with contracts and business documents, I have come to realize that the more negative scenarios and potential risks that are included in the agreement, the more likely they are to occur. It may seem odd but the act of outlining worst-case scenarios can actually increase the likelihood of them happening. It is also important to remember that contracts and business documents are not just legal agreements, but also a reflection of the mindset and attitudes of those involved. By focusing on the positive outcomes and possibilities, we can create an optimistic environment for all parties involved.

As for as deposit refunds in a simple agreement, like many magicians use, something like: “if for any reason this agreement is not fulfilled any money paid in advance will be refunded” would cover it all.


Tom

Spelling out alternatives in no way manifest them. That is just not how things work.