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I don't have any musicians yet, but I agree that this doesn't seem right at all! I would ask about it and work something out that you're comfortable with before signing.
No no no no no, that does not seem right at all. Seriously they are asking you to sign something saying that you have to pay them but they don't have to show up. Thats ridiculous. If they get sick or there is some kind of issue that prevents them from being there then they need to refund any money owed to you and not force you to pay them anything additional. If you cancelled on them for any reason I'm sure you wouldn't get the deposit back so why should they get to keep it.
My coordinators states that in the event that she is not available for the day of, a replacement will be supplied. If for unforeseen reasons no replacement is available cutomer is entitled to 1/2 the refund of any deposits paid and full refund of any additional fees already paid. (It's only 1/2 b/c she's doing/done a lot before the wedding)
Yeah this seems more and more sketchy. The guy could just decide he didn't want to show up, claim he was sick, and you'd still have to pay him? I dunno. I would be really skeptical of this.
Thanks for helping me think this through. I don't think he's sketchy but I think it's a really poorly worded contract. I've met the guy and really like his work - I think he's just green. But, contracts are all about protecting yourself - so there's no reason why I shouldn't do the same.
Thanks again for helping me think this through!!!
@oracle: I think the best option is to amend the contract so that there is no breach if he is sick, but that he will return the deposit and make reasonable efforts to provide you with a list of other musicians.
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In the contract I'm currently looking over - it states that in the case of illness - there would be no breech of contract.
All my other contracts (photog/DJ) state that they'd find a replacement.
I realize that finding a musician replacement would be a more challenging task - but it seems odd to me that I'd be out the money if the musician was sick for any reason.
Ideas on how to reword the contract? and/or how are your contracts worded?