What about a contract with my customers?
Do I need one and what should be included?

by Lauren Pettit, Jennifer Bell, Donna Sternickle and Gary Cole


This is a lengthy FAQ so pull up your most comfortable chair. There are lots of ways to approach this from simple and nice to a list full of "lawyer talk". Even with the best of contracts, a contract with your customer does not guarantee you will not have problems. It is expected that you will have to deal with a whole array of customer related issues. More than anything else, a contract of some sort sets the ground rules and gives you the service provider some protection. When you have it in writing it means you can generally forgo the debate of he said versus she said. Each state and country has its own laws concerning contracts and the ability to enforce them.  These various thoughts and suggested contract are only a start for you to form your own customer contract. Obviously you will need to adapt your particular contract to your needs, regional laws and your business. Again, this is only a guide. Substitute your company name where you find the example's name, address and phone numbers.

The different thoughts and contracts basically provide you with a variety of angles from strict, to simple. 


part one: contributed by Lauren Pettit
part two: contributed by
Jennifer Bell
part three: contributed by Donna Sternickle 


part one: contributed by Lauren Pettit

These are my templates. I copy the document to another file when I need to write up an agreement for a client. I email it to the client as an attachment. I have several options listed for some items, and there are some items I delete if they donít apply to that particular situation. The first document is for Parties, the second for Events.

 These agreements have been working great for me, and my clients really appreciate that I put everything in writing. It makes them feel more protected and assures them there wonít be any surprises. It also tells them they are dealing with a professional who has their act together. They are more at ease, and they donít worry that Iím not going to show up!

 None of this is to be construed as legal advice and I have not had a lawyer review these documents.

 Face Painting by Lauren
Lauren Pettit
3419 Via Lido, #207, Newport Beach, CA 92663
714-540-3338   Cell XXX-XXX-XXX   Fax 714-557-3704
lauren@thefacepainter.com
www.TheFacePainter.com

INVOICE AND AGREEMENT

FOR

FACE PAINTING SERVICES

Please print out and sign Agreement, and mail it back immediately with your Deposit Check. You may also pay with a credit card through Pay Pal. Your day will only be held for one week without a deposit (due by /  /03).

 

Date: __________________Email: _______________________
Clientís Name: _______________________________________
Address:________________________________________________________________________________________________
Home# ____________________Work# ____________________

Cell# ______________________Fax# _____________________
Event: Birthday Party For___ -Year Old______________! (Boy  Girl)

          (Siblings:  )

Theme:__________________ Costume:___________________
Location of Party: ____________________________________
Party Address: ______________________________________

____________________________________________________

Directions:_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________(Thomas Guide Page              ).

 

Date of Party: _____________Day of the Week: ____________
Time Artist will begin: ________Time Artist will stop: _______
Artist will arrive at________ to set up

Total Face Painting Hours______  x  $85 = $_________ 

If Client uses Artist for less time than booked for, the price will be adjusted accordingly. However, Client must pay for a minimum of 1.5 Hours even if Client uses Artist for less than 1.5 Hours.

 Client agrees to pay the full amount even if Client actually uses Artist for less time than booked for.

 Deposit is $75    $100 and is not refundable should Client for any reason cancel or postpone. The deposit may be paid with a check (payable to: Lauren B. Pettit). The day will not be reserved for the Client until the deposit is paid. The balance of $________   is due upon Artistís arrival, in CASH.

 Page 1 of 2

 Should Artist get sick, the deposit will be refunded, and every effort will be made to find a replacement.

 Overtime: Any time beyond the time booked will cost $85.00 per hour, to the nearest minute. Artist can be hired for a maximum of 4 hours.

 Client requests that Artist paint children only.

 Client requests that Artist paint both children and adults, anyone who requests it. Artist will paint all the children first.

 Breaks: Artist will have paid breaks of 5-10 minutes every two hours.

 Returned Checks: There will be a $30 fee for returned checks, plus the amount of the check.

 Parking: Please either leave a space open in front of the house on the street, or in the driveway, so Artist can unload her equipment. The Client will reimburse Artist for any parking fees.

 Watering (Outdoor Parties) Please donít water your lawn on the day of your party, or soak it heavily the day before. Adjust any timers if necessary.

 Limitations On Artwork: Artist will not paint on any part of the body that is not legal to expose, or anyplace she does not feel comfortable painting. Artist will not paint any design or wording that is obscene, offensive or defies good taste. Artist will not paint copyrighted characters, Halloween designs, or any designs Artist is not comfortable painting.

Extreme Adverse Working Conditions: Artist has the right to cease painting and leave without refunding any monies if there are extreme adverse working conditions and the Client fails to remedy the situation after it has been brought to the Clientís attention. Adverse conditions included but not limited to: destructive, violent, or extreme inappropriate behavior of a child or adult; illegal activities; dangerous conditions.

 Liability Statement
Artist is not liable for allergic reactions to paints. Children with skin allergies or sensitive skin should either not participate, or have Artist perform a patch test at the beginning of the party. For safety reasons, Artist will not paint children under 2 years old. For sanitary reasons, Artist will not paint anyone who is or appears to be sick or suffering from: cold sores; conjunctivitis; any infectious skin condition; eczema or open wounds.
Artist will use reasonable care, but is not responsible for damage to clothing or property. The Client agrees to pay for any accidents or injuries caused by pets or guests, and/or any damage to Artistís equipment or supplies caused by pets or guests.

 Artist will not supervise children. Their behavior and safety is the Clientís and/or Parentsí responsibility.  Artist cannot see other children and what they are doing while she is painting. Small children should not be allowed to hold balloons. Putting balloons in the mouth can result in death. Please supervise children of all ages very carefully with balloons.

 I have read, understand and accept the above Liability Statement, and the conditions of this agreement. I accept the details of this agreement as accurate.

 Client Signature________________________________Date__________

 Page 2 of 2 

Face Painting by Lauren
Lauren Pettit
3419 Via Lido, #207, Newport Beach, CA 92663
714-540-3338   Cell XXX-XXX-XXX   Fax 714-557-3704
lauren@thefacepainter.com
www.TheFacePainter.com

INVOICE AND AGREEMENT
FOR
FACE PAINTING SERVICES

 

Please print out and sign agreement, and mail or fax it back to Artist                              immediately. Your day will only be held for one week without the signed agreement (due by / /03).

 Please print out and sign agreement, and mail or fax it back to Artist                              immediately. Your day will only be held until  / /03 without the signed agreement.

 Please print out and sign Agreement, and mail it back with your Deposit Check immediately. You may also pay with a credit card through Pay Pal. Your day will only be held for 2 weeks without a deposit (due by  /  /03).

 Date: __________________Email: _______________________
Clientís Name: _______________________________________
Contact Person:______________________________________
Address:
________________________________________________________________________________________________
Work# ____________________ Home#____________________
Fax# _____________________Cell# ______________________
Event: ______________________________________________

Theme:__________________Costume?___________________

Location of Event: ____________________________________
Event Address: ______________________________________
____________________________________________________

Directions:______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________(Thomas Guide Page          ).

Date of Event: _____________Day of the Week: ____________

Time Artist will begin: ________Time Artist will stop: _______
Artist will arrive at________ to set up
 

Total Face Painting Hours______  x $95 = $_________

 If Client uses Artist for less time than booked for, the price will be adjusted accordingly. However, Client must pay for a minimum of 2 Hours even if Client uses Artist for less than 2 Hours.

 Client agrees to pay the full amount even if Client actually uses Artist for less time than booked for.

Page 1 of 2

Deposit is $100 and is not refundable should Client for any reason cancel or postpone. The deposit may be paid with a check (payable to: Lauren B. Pettit). The day will not be reserved for the Client until the deposit is paid. Balance is $___________ and can be paid with a check on the day of the Event.

Cancellation Fee: Should Client for any reason cancel or postpone, there will be a cancellation fee of $100 (for each date canceled or postponed).

Should Artist get sick, any deposits will be refunded, and every effort will be made to find a replacement.

Overtime: Any time beyond above will cost $95.00 per hour to the nearest minute for Face Painting, and $30 per hour to the nearest minute for Tattoos. Artist can be hired for a maximum of 4 hours.

Client requests that Artist paint children only, ages ______and under.

Client requests that Artist paint both children and adults, anyone who requests it.

Returned Checks: There will be a $30 fee for returned checks, plus the amount of the check.

Client agrees to provide (Outdoor Events) an empty 10í x 10í space for Artist to set up her booth with no canopy.  Artist provides all her own equipment and MUST use her own canopy/shelter unless the Client is willing to provide shade and either stanchions or a rope/chain barrier around the entire perimeter.

Client agrees to provide:  2 Umbrellas, Stanchions, 6ft Rectangular Table, Tablecloth, 2 Chairs.

Parking must be provided for Artist near the event location and entertainment area so Artist can unload her equipment. Artistís equipment cannot fit on a shuttle, alternative arrangements must be made. The Client will reimburse Artist for any parking fees.

Breaks: Artist will have paid breaks of 5-10 minutes every two hours.

Limitations On Artwork: Artist will not paint copyrighted characters, Halloween designs, or any designs Artist is not comfortable painting.

Liability Statement
Artist is not liable for allergic reactions to paints. It is the parentís responsibility to notify Artist if their child has sensitive skin. For safety reasons, Artist will not paint children under 2 years old. For sanitary reasons, Artist will not paint anyone who is or appears to be sick or suffering from: cold sores; conjunctivitis; any infectious skin condition; eczema or open wounds.
Artist will use reasonable care, but is not responsible for damage to clothing or property. Only Artist and her own assistants will be allowed to work inside her booth.

Artist will not supervise children. Their behavior and safety is the Parentsí responsibility.  Artist cannot see other children and what they are doing while she is painting.

I have read, understand and accept the above Liability Statement, and the conditions of this agreement. I accept the details of this agreement as accurate.

Client Signature________________________________Date__________

Page 2 of 2


part two: contributed by Jennifer AKA SPARKS the Clown 

 Here is my lawyerís advice.

  1. Keep the first page in a 'marketing' tone.  Friendly and personal.  You can make it into a flyer style letter if you want.  I chose to make a second, flyer page.  This way, hopefully, they will post it or distribute it with your info on it.  Mine will include a coloring picture of me.
  2. Make the agreement page more serious and do not refer to yourself in a personal manor.  Make it all business and don't be afraid to call it a contract.  Include everything you can.  Stuff you include and definitely things you exclude. BUT, remember, sell short and deliver high!  Which means, always give them something they don't expect but never forget something they do expect.  Have them sign and return a copy to you.  Encourage them to question everything.  Quote your total but refer to the invoice for details.
  3. Include an invoice with all your payment expectations.  Include details of the service you are providing.  Have them sign and return a copy to you.  Encourage them to check for errors.  The invoice can be any format, as long as you are comfortable with it.
  4. Always number the contract and invoice.  Numbering them the same makes it easier to identify them and find them later if there is a problem.
  5. Keep your number sequential.  The taxman questions missing numbers.

Make Ďem Laugh
1850 Pinegrove Ave
Pickering ON  L1V 1K6

Dear             ,
I am very excited that I will be performing for name of company, name of event on date and time of event.  Please feel free to copy, display and distribute this flyer.  Here is what you can expect from SPARKS.  If you have something special you would like delivered when SPARKS arrives, I can do that too, at no extra charge.  Please remember, you are hiring a clown, not a magician.  All magic that is performed will be small magic.  Do not expect elephants or brass bands to appear.

DATE:
TIME:
LOCATION:
SERVICE:

Attached is a publicity flyer, booking agreement and invoice.  If you have not received all three pages please contact me immediately.

1. Check all totals to ensure correctness.
2. Check directions and event address, if different from mailing address.  It is your responsibility to ensure correctness.
3. Check contact information.
4. Sign and return by correct date.
5.
Contact SPARKS with any and all concerns. 

 Once again, thank you for your interest in SPARKS the clown.  I am looking forward to working with you to make the name of event, the best it can be.  Please do not hesitate to contact me with any questions or concerns.  I will be contacting you approximately 3 business days before your event to confirm all details. 

 Sincerely,

 SPARKS the Clown

Name of Event and/or Company is pleased to bring you

SPARKS THE CLOWN
DATE:
TIME:
LOCATION:

Service and/or Package
There will also be:
For more information contact:

AGREEMENT FOR SERVICE Ė DD/MM/YY01

DATE:
TIME:
LOCATION:

1.    Service or Party Package
      
What is included.
       What is excluded.
2.
Specific Times
    Date  and Start time to Stop time 
   
Product that is included ie face paints, balloons, prizes.
    Product that is excluded ie prizes, loot bags.
3.
You MUST supply the entertainer with a parking space close to the entertainment area.  If this is not feasible,     you MUST supply someone to help set up and tear down.
4.
In case of inclement weather, no refunds or additional dates will be given.  This means SPARKS will not cancel     and neither will you.  The event must go on.
5. 
20% deposit required.
6.
 $$ TOTAL due on or before event date, upon my arrival.  All deposits will be credited.  Please see attached        invoice and ensure correctness. Make all cheques payable to JENNIFER BELL.
7.
The directions to the event are: 

I am enclosing two copies of this agreement.  Please sign and return one copy in the enclosed envelope.  If this agreement is not returned by date this event is not considered booked. 

 I am looking forward to working with you to make the name of event the best it can be.  Please do not hesitate to contact me at 905.509.5998 or 416 258-0327 with any questions or concerns.  I will be contacting you approximately 3 days before your event to answer any questions and confirm all details.

 Sincerely,                                                                                 ________________________
                                                                                                   Name of Company/organizer
                                                                                                   ________________________
Jennifer Bell                                                                              DATE

DATE:
PARTY TIPS

1. Keep the adult noise to a minimum during the show.  If the children canít hear the entertainment, they wonít have fun.
2.
Have the entertainment first.  Excitement and tempers run high on these special days.
3.
Set aside an area for the entertainment to work their magic.  If the party is inside make it a room with lots of open space.  This leaves lots of room for movement without worrying about anything breaking.  If the party is outside, look for a shady area.  Squinting and sunburn do not make for a fun party.
4.
Have the food last.  This way the kids go home on a sugar buzz.
5.
Donít sweat the small stuff! You can always clean up later.  How often do your angels have a birthday?
6.
Please tie up your dog.  For some reason dogs think clowns are huge, animated squeaky toys.
7.
Invite everyone you love.  Watching your angel have fun will be the best gift you can give them.
8.
Enjoy the day!

1850 Pinegrove Ave.
Pickering, On
L1V 1K6

Dear Sunita:

Thank you for your recent telephone call and booking.  I am very excited that I will be performing at Alyssaís party on March 3, 2001, at 5:00pm.  Should you have something special (like a cat, dog, cake, flowers, etc.) that you would like delivered when SPARKS arrives I can do that too, at no extra charge.

What you can expect from my entertainment is happy, joyous audiences laughing for the fun of it.  I will be entertaining with my Tiny Tots Package. 

The cost for this party includes all balloons, supplies, smiles and laughter.   I have enclosed my full birthday party packages pricing for you.  If you would like to change the package we have chosen, feel free; just let me know which party you would like. Should your party exceed the time allotted or your expectations, tipping is appropriate and of course, always your choice.  

I will be contacting you 2 to 3 days prior to your party to confirm all details and to answer any questions or concerns you may have.  In the mean time, please feel free to contact me.  You can call me at xxx-xxx-xxxx or at mailto:  sparkstheclown@netzero.net.

Yours in fun and giggles,

SPARKS aka Jennifer Bell


part three: contributed by Donna Sternickle

This is a contract that I have made up from some of the suggestions that have been sent in along with the past contracts that I have used.  When you use a contract/ agreement like this one it shows your client that you take your business serious along with valuing their business.

Donna Sternickle, Alotta Fun 4U2, Jackson, MO

AGREEMENT FOR SERVICE     

Service or Party Package
Describe Services or oral agreement here.
Specific Information & Times
   Date:
   Time:
   Location:

Fee for Your Services:
   Fee for Services Provided by _______________________are  $______________
   Additional Services Provided $______________________________
  
Total Service Fee  $______________________________

Client must provide someone to: 1) Watch equipment while performer unloads upon arrival, and while performer loads the car to leave. 2) Assist performer in setting up and taking down EZ-Up Shelter. 3) Watch performer equipment during bathroom break every 2 hours. (Artist has the right to paid breaks of 5-10 minutes every two hours.)

Parking must be provided for performer near the event location and entertainment area. This is because we have equipment to unload. If a close space is not feasible, you MUST supply someone to help set up and tear down. The Client will reimburse Artist for any parking fees.

 Weather:  In case of inclement weather, no refunds or additional dates will be automatically given.  Our company will not cancel but we will agree to a rain date if discussed TWO days before day of event.

 Deposits are 50% of scheduled performance. If total service fee is made in full two weeks before date you can deduct $____________from your service fees. The deposit may be paid with a Money Order (payable to: _____________). The time slot will not be reserved for Client until the deposit is paid. Balance is due upon arrival, in CASH. (Must have prior approval for Checks)  Client understands that once deposit is paid, all other Clients requesting that time slot will be turned away. So should Client cancel or postpone, the deposit will not be refunded. Returned checks will be charged a $35 fee plus court cost will be charged in addition to the full amount of event.   Should Artist get sick, the deposit will be refunded, and every effort will be made to find a replacement performer. 

Media Coverage (Newspaper, TV, Photography and Radio)                                                                                      Client agrees to refer to our services by our business name or as follows:

*Professional Face Painting/Balloon Sculpting performed by ____________________________
*_______________, the clown from ____________________is performing face painting on Children of All Ages.
*Mention that ________________are the only known people in the area that uses 100% FDA approved paints for the skin.
*____________________ from ________________________is here entertaining.

 Limitations On Artwork: Artist will not paint on any part of the body that is not legal to expose, or anyplace she does not feel comfortable painting. Artist will not paint any design or wording that is obscene, offensive or defies good taste. Artist will not paint any pagan symbols/designs or anything that performer feels is anti-Christian including pokemon, tribal art, dragons and Halloween designs.  Due to trademarks and patents _____________________canít paint these items and will not paint them.

Adverse Working Conditions: Performer has the right to cease entertainment and leave without refunding any monies if there are extreme adverse working conditions and the Client fails to remedy the situation after it has been brought to the Clientís attention. Adverse conditions included but not limited to: destructive, violent, or inappropriate behavior of a child or adult; illegal activities; dangerous conditions.

Directions:  Client agrees to provide a map or detailed directions to event location along with this agreement.  The name of person to contact upon arrival at event for assistance and any other details are appreciated.

Additional Comments:  Please review, sign and return a copy of this agreement to the address listed above.  If agreement is not returned THREE days prior to the day of event the client can consider it not booked.

 

I will be contacting you a couple of days before your event to answer any questions and confirm details.  Please do not hesitate to contact me at ___________________or page me at ______________________with any questions or concerns. 

I agree to these terms 

           your signature                                 ________________________________
NAME OF YOUR BUSINESS                     Name of Company or Organizer

                Date:                                           ________________________________


part four: contributed by Gary Cole

Here is my quick and dirty contract. I don't ask them to sign it. It is basically just a statement of fact to my understanding of our agreement. When it comes down to it I'm probably not ever going to take any of my customers to court. If they fail to comply with the agreed upon contract then I'll never do business with them. In our area we provide the best service for a lower than normal rate. Yes, I could loose some money but most of my customer want to do business with us. What this offers me is a formal written statement on what was agreed. I only put down the critical facts.

invoice:                _______________________________________________
to:                         their company name
attn:                      who is my contact and to whom the agreement was made
phone:                  customer's phone number
fax:                       customer's fax
date of event:       ______________________________________________
time:                      10:00 am to 2:00pm (or what ever the hours)
activity:                face painting, ballooning, etc.
rate of pay:          $XX.00 per hour per worker
workers:               enter the total number of painters, ballooners, etc.
location of event: _______________________________________________
                              note: if the event address is not in the Dallas/Fort Worth MAPSCO
                              provide a faxed map
event contact:      person on site at the event in case of problems
phone:                  mobile phone or phone at the event location
extra fees:           any additional fees, like driving distance charge, parking etc.
amount due:         the total amount due ON THE DAY OF THE EVENT IS $ XXX.XX

Note:                    Make all checks out to XXXXXXXXXXXXXXXXX
                              The painter WILL STOP WORKING at the scheduled time. If additional hours are
                                  requested it is expected that payment is made at the same rate on the day of the event.
                              The customer is responsible for parking fees and will provide a close parking space.
                              The worker is responsible for painting/ballooning and not crowd control or childcare.
                               If changes are made to the time, day or location it is the responsibility of the customer to
                                   confirm these changes in writing 48 hours in advance.
                               Any concerns should be made directly to Gary Cole at 999-999-9999
                               Only Gary has the authority to make variations in the contract.


 

Contacts us at gary@rubyredpaint.com  in the United States

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