I thought I'd start this week with a particularly helpful post from HBB:
Originally posted on 15.07.2010 - LINK
How to Deal With People Trying to Rip You Off
'Ripping you off' can mean a lot of things. This might be anything from playful and innocent blagging from customers trying to haggle the price of your CD to a manager shoving a contract under your nose that will rob you blind.
Playful Blaggers
There's usually nothing malicious about this, the last thing you want is to turn a bit of fun into a big stress for both of you. The easiest way to deal with this is friendly sarcasm. If they're trying to get you to lower a price on something, you could tell them that, for them, the price has just gone up.
A lot of this comes down to the response they are getting. If they think you're getting uncomfortable or bored with their banter, they might continue to 'breaking point' because you might cave and give them what they want. If they know that the response is following a pattern that doesn't give them what they want, they will move on (and might even buy your CD at full price).
What's fair is up to you. Maybe you will give them a discount because you respect that they've had the balls to ask. Maybe it would be really unfair to let them bully you into giving them a discount where the more polite and friendly people have to pay more.
If you really get stuck, putting them on the spot can work well too. Tell them that they can get a discount if they can impress you with a talent - a short story, a musical interlude/serenade, challenge them to answer some quick fire questions on maths and general knowledge. At the very least, this will stop most other people from trying the same blag.
Playful Blaggers
There's usually nothing malicious about this, the last thing you want is to turn a bit of fun into a big stress for both of you. The easiest way to deal with this is friendly sarcasm. If they're trying to get you to lower a price on something, you could tell them that, for them, the price has just gone up.
A lot of this comes down to the response they are getting. If they think you're getting uncomfortable or bored with their banter, they might continue to 'breaking point' because you might cave and give them what they want. If they know that the response is following a pattern that doesn't give them what they want, they will move on (and might even buy your CD at full price).
What's fair is up to you. Maybe you will give them a discount because you respect that they've had the balls to ask. Maybe it would be really unfair to let them bully you into giving them a discount where the more polite and friendly people have to pay more.
If you really get stuck, putting them on the spot can work well too. Tell them that they can get a discount if they can impress you with a talent - a short story, a musical interlude/serenade, challenge them to answer some quick fire questions on maths and general knowledge. At the very least, this will stop most other people from trying the same blag.
Deal Welchers
If somebody offers you something and then changes the terms last minute, it's pretty obvious that they're in the wrong. Sometimes, bringing them up on this can allow them to make you look brutish or stingy.
If you're booked to perform for a certain amount and they come to you at the end of the night saying: 'We didn't get enough people in, I can only give you X, is that OK?' you have pretty much got three viable options:
Staying firm - Saying no but staying relaxed can be difficult but it can be a very direct 'dead-end' to their blagging. It's probably best not to go into too much detail with this; you don't need a reason because they know that they're in the wrong anyway. Be blunt, if they push the issue, respond with short and simple dead-ends like 'that's not what we agreed' etc. Starting to justify why will only open the floor for debate. If you get stuck in a 'yes, no, yes, no' bringing in somebody else might help, e.g. 'Let's go sort this out with the venue owner.' Just make sure that it's relevant to them if you do this. Sometimes it helps just to have a witness but it is possible that you will be dragging them into something that is not their business.
The problem with this solution is that they might take that firmness as a reason to start a confrontation. It is not always the best option and depends on who you are dealing with.
Showing them how they're affecting you - Sometimes you can just describe the situation and it will expose what they are doing whilst avoiding any confrontation. You could say: 'Actually, it's not OK, I work really hard at what I do and I don't make very much but we agreed on a fee and you didn't say it would be less if not enough people came.' How are they going to respond? If they were gearing up for confrontation, you might have taken the wind out of their sales. If they were to shout at you now, it would look like bullying and wouldn't get them anywhere.
One of the advantages of this solution is that most people aren't pricks but sometimes they are thoughtless. If the promoter is being selfish because he just hasn't taken you into account, all he needs is a nudge. Being too blunt can make you seem unpleasant. Being 'reasonable' can let them think about it from your point of view and realize that they were asking too much.
The problem with this solution is that it's hard to keep the balance of looking firm and being reasonable. This solution relies a lot on them reconsidering from your point of view. Maybe they are purposefully trying to scam a little money out of you because they haven't done as well as they had hoped on the night. Maybe they have decided that you should have done more promotion even though it wasn't specified etc. It largely depends on their character.
Putting in a crafty blag of your own - If you think that you don't have much chance of getting the full amount, this is probably the best option. You can meet his: 'Is it alright if I just give you X?' with 'Well, that depends. When are you next going to book me for a gig?' You can follow this with more negotiation on fee or even other blags. E.g. maybe he has a studio or rehearsal space and you would benefit from a heavy discount on some time there. Maybe he's a really talented graphic designer and you need work done on a flier/logo/website/t-shirt/photograph/etc. Money is a really hard thing to argue about, especially when it's because there's not enough of it to go around. People can often use this as a way of saying 'I wish I could but I can't' when what they mean is 'I don't want to and I won't'.
The problem with this solution is that you might put more energy into chasing this blag than it's worth. He could easily say 'yeah, I'll book you for a gig in a month' and then 'change his mind' or the same problem could arise at the next gig. You could be negotiating over twenty quid and the problem could be that his nights aren't ever going to do that well.
Sometimes it's just worth getting whatever you can from that night and leaving it at that. It depends on the situation. A lot of this can be prevented with a contract but sometimes that's more hassle than it's worth too. This stuff can come up because of incompetence, malice or chance. That 'twenty quid' might seem insignificant but you don't know who will be there to witness him dropping that bombshell. If it happens in front of an important contact and you don't have a professional and mature way of dealing with it, it may cost you more than 'twenty quid'. The respect is worth more and you'll want to get the practise in on the pocket money rather than have to deal with it for the first time when it's an amount that's big enough to really make a difference.
If somebody offers you something and then changes the terms last minute, it's pretty obvious that they're in the wrong. Sometimes, bringing them up on this can allow them to make you look brutish or stingy.
If you're booked to perform for a certain amount and they come to you at the end of the night saying: 'We didn't get enough people in, I can only give you X, is that OK?' you have pretty much got three viable options:
Staying firm - Saying no but staying relaxed can be difficult but it can be a very direct 'dead-end' to their blagging. It's probably best not to go into too much detail with this; you don't need a reason because they know that they're in the wrong anyway. Be blunt, if they push the issue, respond with short and simple dead-ends like 'that's not what we agreed' etc. Starting to justify why will only open the floor for debate. If you get stuck in a 'yes, no, yes, no' bringing in somebody else might help, e.g. 'Let's go sort this out with the venue owner.' Just make sure that it's relevant to them if you do this. Sometimes it helps just to have a witness but it is possible that you will be dragging them into something that is not their business.
The problem with this solution is that they might take that firmness as a reason to start a confrontation. It is not always the best option and depends on who you are dealing with.
Showing them how they're affecting you - Sometimes you can just describe the situation and it will expose what they are doing whilst avoiding any confrontation. You could say: 'Actually, it's not OK, I work really hard at what I do and I don't make very much but we agreed on a fee and you didn't say it would be less if not enough people came.' How are they going to respond? If they were gearing up for confrontation, you might have taken the wind out of their sales. If they were to shout at you now, it would look like bullying and wouldn't get them anywhere.
One of the advantages of this solution is that most people aren't pricks but sometimes they are thoughtless. If the promoter is being selfish because he just hasn't taken you into account, all he needs is a nudge. Being too blunt can make you seem unpleasant. Being 'reasonable' can let them think about it from your point of view and realize that they were asking too much.
The problem with this solution is that it's hard to keep the balance of looking firm and being reasonable. This solution relies a lot on them reconsidering from your point of view. Maybe they are purposefully trying to scam a little money out of you because they haven't done as well as they had hoped on the night. Maybe they have decided that you should have done more promotion even though it wasn't specified etc. It largely depends on their character.
Putting in a crafty blag of your own - If you think that you don't have much chance of getting the full amount, this is probably the best option. You can meet his: 'Is it alright if I just give you X?' with 'Well, that depends. When are you next going to book me for a gig?' You can follow this with more negotiation on fee or even other blags. E.g. maybe he has a studio or rehearsal space and you would benefit from a heavy discount on some time there. Maybe he's a really talented graphic designer and you need work done on a flier/logo/website/t-shirt/photograph/etc. Money is a really hard thing to argue about, especially when it's because there's not enough of it to go around. People can often use this as a way of saying 'I wish I could but I can't' when what they mean is 'I don't want to and I won't'.
The problem with this solution is that you might put more energy into chasing this blag than it's worth. He could easily say 'yeah, I'll book you for a gig in a month' and then 'change his mind' or the same problem could arise at the next gig. You could be negotiating over twenty quid and the problem could be that his nights aren't ever going to do that well.
Sometimes it's just worth getting whatever you can from that night and leaving it at that. It depends on the situation. A lot of this can be prevented with a contract but sometimes that's more hassle than it's worth too. This stuff can come up because of incompetence, malice or chance. That 'twenty quid' might seem insignificant but you don't know who will be there to witness him dropping that bombshell. If it happens in front of an important contact and you don't have a professional and mature way of dealing with it, it may cost you more than 'twenty quid'. The respect is worth more and you'll want to get the practise in on the pocket money rather than have to deal with it for the first time when it's an amount that's big enough to really make a difference.
Dodgy Contracts
When it comes to contracts, there are two simple rules.
One is the motto of the Musicians' Union: Get it in writing. If you want to make something concrete, get it in writing. A signature is nice but not always going to be feasible. However, if somebody refuses to put something in an e-mail, it's going to look more like sneakiness than laziness. People can say all kinds of shit on the phone, where's the record of your conversation? It's usually not a case of bringing up the e-mail and waving it in front of them and/or a courtroom; it's a case of them knowing that they have to stick to the agreement in the first place because they agreed in writing.
The other is get your contracts looked at. The Musicians' Union will give you one free hour of lawyer time per document. Most basic contracts are fairly self explanatory, if a little dense. If something is shoved under your nose, take it away and spend as much time as you need to make heads or tails of it. If you are under pressure to sign it straight away, there's probably something wrong. If there is no room for negotiation, there is probably something wrong. Some of the more complicated contracts are full of Latin terms so that you need to pay a lawyer top whack to look through it. Sometimes there will be a carefully worded clause in the 'small-print' designed to fuck you over. Sometimes it's what is missing that will fuck you over the most. How many times a year do you tick a box and agree to a million-word terms and conditions. Most of the time, contracts are just a mixture of data (how much you get paid, what time you turn up, that there is security on the door) and what happens if everything goes to shit. You should still get paid if the event cancels last minute because of problems on their end. You probably won't if they cancel because of a tornado etc.
You'd hope that a contract would contain a load of clauses that prevent either party from doing what they wouldn't do anyway. If somebody is really trying to shaft you with a contract, it should be fairly obvious when compared to a contract that is fair. Getting hold of a good template for each type is a great way of putting other contracts into context.
When it comes to contracts, there are two simple rules.
One is the motto of the Musicians' Union: Get it in writing. If you want to make something concrete, get it in writing. A signature is nice but not always going to be feasible. However, if somebody refuses to put something in an e-mail, it's going to look more like sneakiness than laziness. People can say all kinds of shit on the phone, where's the record of your conversation? It's usually not a case of bringing up the e-mail and waving it in front of them and/or a courtroom; it's a case of them knowing that they have to stick to the agreement in the first place because they agreed in writing.
The other is get your contracts looked at. The Musicians' Union will give you one free hour of lawyer time per document. Most basic contracts are fairly self explanatory, if a little dense. If something is shoved under your nose, take it away and spend as much time as you need to make heads or tails of it. If you are under pressure to sign it straight away, there's probably something wrong. If there is no room for negotiation, there is probably something wrong. Some of the more complicated contracts are full of Latin terms so that you need to pay a lawyer top whack to look through it. Sometimes there will be a carefully worded clause in the 'small-print' designed to fuck you over. Sometimes it's what is missing that will fuck you over the most. How many times a year do you tick a box and agree to a million-word terms and conditions. Most of the time, contracts are just a mixture of data (how much you get paid, what time you turn up, that there is security on the door) and what happens if everything goes to shit. You should still get paid if the event cancels last minute because of problems on their end. You probably won't if they cancel because of a tornado etc.
You'd hope that a contract would contain a load of clauses that prevent either party from doing what they wouldn't do anyway. If somebody is really trying to shaft you with a contract, it should be fairly obvious when compared to a contract that is fair. Getting hold of a good template for each type is a great way of putting other contracts into context.
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