Electricity - and the unexpected absence of

[paulears]

We were away yesterday working in a rather nice venue in Clacton - the West Cliff Theatre. Decent bunch of really helpful people, and we spent some time setting up for a video shoot - 3 main cameras and a wobbly-cam for a dance show. We got set up, ready for the 7.30 show and at about 6.45 in the middle of a rather heavy haze, pop - power goes off, emergency lights come on, and some warning buzzers front of house. Oops, we thought. Not a lot to do in the dark, so wandered outside to find the street lights also out and no lights in the houses.

 

Two questions really.

 

1. Does anyone have anything in their contracts about how money is managed for cancellations outside of anyone's fault? In this case, we're talking 3 people a 200 mile round trip (at £1.99.9 a litre - I note at the pump (when's the election?). The organiser obviously pays us from the funds they take from flogging the DVD - so I doubt they would be able to pay if it was cancelled.

 

2. How long must maintained lighting keep going - in this case, the usual two spots on a box type fittings. The audience were in and just sat chatting in the dimness. They were told that they'd wait until 7.45, and if no power by then, they'd cancel.

 

Power came back on about 7.40. I've never actually had a power cut all the years I've been working, so a new one for me.

[Unfathomable]

I think when this has happened to us, the organiser pays up, then claims on their insurance, but this has only happened to me at an outdoor event when the organisers weather insurance cover this sort of thing.

[boswell]

2. How long must maintained lighting keep going - in this case, the usual two spots on a box type fittings.

 

3hrs I think without looking it up

HTH

[IRW]

In terms of contracts, the only bit I can find in ours that could relate to your situation is as follows:

 

This Contract shall be null and void in the event of the theatre being closed due to any public disaster, riots, civil disorder, Royal demise, epidemic, fire, Act of God or any other accident or in the event of the theatre not being available for theatrical performances due to the withdrawal or suspension of any licences or by reason of any alteration or other work required to be done by the Licensing or other Authority or by reason of any strike or lock-out of any workmen, musicians, artists or staff which interferes with the working of the theatre or on account of any cause outside the control of the Resident Manager, and no remuneration or other sum shall be payable to the Visiting Manager in respect of any period during which the Theatre shall be closed.

[paulears]

Thanks for that, Ian - although that must be the longest sentence I've ever seen!

 

So if I read that correctly, if one of your shows was lost because of power cut, burst plumbing - that kind of thing, then in essence, their cost is their problem, and your cost in terms of wasted advertising, stocking and staff is yours? If no insurance exists, this could be an expensive event for all parties.

[the source]

Paul, I hope I presume correctly, power came back, and job went well

 

Like the quote above, I too have bits in my TC about not being liable to fulfill my job due to hurricanes or war or whatever, but that's more to do with me not paying money in compensation for their loss, rather than your query which I believe is about you possibly collecting money for compensation of your loss of earnings.

 

My customers don't pay upfront and recoup costs themselves. Wish they did. Instead, I pay in full all outgoings and then recoup myself - on a minimum sales agreement. But, if the show cancels I've also nothing really in writing.

 

All I have is a measly £75 cancellation charge, which a power-cut would sadly force them in to. But of course, that's small change if I've booked 3 Operators at about £200 plus travel and expenses each. Add to that nearly the same for hiring in cameras for them.

 

Time to re-visit my TC I think! Although, I don't think I'd ever chase for loss of earnings - I simply couldn't add more misfortune on an already devastated customer!

 

But, if your in the privileged position of someone paying upfront, then good on you!!! A deposit equal to the amount of booking crew, kit, travel, etc. seems fair if your client agrees upon booking. If so, this might be of use:

 

4. Payment of fees

 

a) The Client shall be solely responsible for the payment of the Video as set out in the Booking Form.

b) Once a booking has been accepted the Client must immediately pay the agreed deposit. Until Butterflies

Media has received the agreed deposit (and if by cheque, that cheque has cleared) Butterflies Media is

under no obligation to carry out any of its obligations.

c) The Client must pay Butterflies Media the balance of the agreed fee (shown on the Booking Form) in

full (and if by cheque, that cheque has cleared) at least 14 days before the date when the Event is to

take place. If the Client does not do so Butterflies Media will not have any liability to the Client, and

shall be entitled at it’s absolute discretion to forfeit the whole or part of the booking fee.

d) If the Client cancels this booking:

(I) More than 90 days before the date of the Event then the agreed fee will be forfeited, but no further

sum is payable by the Client;

(ii) Within 90 days of the date of the Event a sum amounting to 50 per cent of the agreed fee is payable

by the Client;

(iii) Within 30 days of the date of the event a sum amounting to 75 per cent of the agreed price is

payable by the Client.

e) Any cancellation must be notified to us in writing addressed to us at the address shown in the Booking

Form.

f) In some cases, Butterflies Media will issue an invoice for payment. In order for Butterflies Media to

remain in business, payments must be made promptly. If payment is not received within 30 days of the

invoice date, Butterflies Media will automatically charge interest at a rate of 5% per month, which will

be added to the customer's account.

g) Butterflies Media reserves the right to withhold the final production and/or items produced until final

payment is made. In case collection proves necessary, the Client agrees to pay all fees incurred by that

process.

h) All payments will be made in UK funds.

 

Then at least you have money in the bank to pay your Operator's cancellation charges, or if on the day itself, still pay them 100% for a wasted day. That said, I would hope my Op's give me a nice discount on booking them for the re-schedule.

 

James.

[IRW]

Thanks for that, Ian - although that must be the longest sentence I've ever seen!

 

So if I read that correctly, if one of your shows was lost because of power cut, burst plumbing - that kind of thing, then in essence, their cost is their problem, and your cost in terms of wasted advertising, stocking and staff is yours? If no insurance exists, this could be an expensive event for all parties.

 

Yep, that sounds about right. I'm sure it's quite likely that we do have some sort of insurance policy to cover our own expenses, but to be honest, without asking someone who has more idea of the financial side, I couldn't tell you.

[adam2]

2. How long must maintained lighting keep going - in this case, the usual two spots on a box type fittings.

 

3hrs I think without looking it up

HTH

 

 

Yes, 3 hours is the norm and is a legal requirement in most premises.

In some small or simple premises 1 hour is allowed, but in most cases 3 hours is the requirement and therefore virtualy all types of emergency light are manufactured for a 3 hour duration.

The main exception being the twin spotlights refered to, these are available in 1 hour or 3 hour types.

[paulears]

To theSource - I'm pretty much the same as you, but I certainly don't get anything up front - in fact, a simple invoice on completion for most jobs of this type.

 

This one turned out ok in the end - but the prospect of having to pay my crew, knowing I'm unlikely to get anything back is a little worrying. Something to think about, at least. Paul

[collism]

It seems harsh but surely you could have your crew on similar T & C to the Theatres - i.e. cancellation due to an external factor = no pay.

[Stuart91]

f) In some cases, Butterflies Media will issue an invoice for payment. In order for Butterflies Media to

remain in business, payments must be made promptly.

 

With my marketing hat on, I don't like the way that reads. "Pay us promptly or we might go bust!" is what it seems to say to me.

[the source]

To Stuart. I agree. It's totally silly but thought no harm leaving it in. It's just a plea to understand the next line of paying promptly (30 days), designed with wedding couples in mind who may have no idea of booking before. Actually, it sounds really amateurish, as it sounds like one job will break me. I'm gonna strip it out.

 

To Collism, harsh is right. What kind of professional crew would one find on that basis. "You only get paid if I get paid" doesn't inspire good relationships. Suppose if one churns out casual labour every 6 months it might serve one well, but I prefer to use a select few professionals, on a life-long basis, and they would quite rightly tell me to shove it if I asked them to bare the risk.

 

Paul, yes, same boat as me. I don't get paid up front, usually weeks after. Those TC are for weddings as I can't contemplate weeks of editing on just a signature alone. But as you said you invoice just the one customer, thought there's a good chance of applying a deposit upon booking to at least cover expenses, crew.

[paulears]

It's a thing that's never really worried me until this one. I totally agree about stinging the crew! The people who work for me often do favours, over and above, because they know they can trust me. In many cases, I pay them long before the client pays me - but if I didn't, why would they want to work for me at all?