My bag was packed and I was ready to head to the airport the next morning, but then the school called to cancel. She was calling to say that, due to several factors out of her control, she needed to cancel the program.
In our contract we have the following clause:
f. Termination. Unless otherwise stated in this Contract to the contrary, if this contract is canceled by the Performer prior to the Performance date, Performer shall reimburse the Organization all funds paid by the Organization to Performer under the terms of this contract. If the contract is canceled by the Organization prior to the Performance, the Organization is committed to paying the Performer ½ (one-half) of the total contract amount plus any additional travel expenses incurred due to the cancellation.
g. Force Majeure. In any event that the performance of any covenant(s) of this Contract shall be prevented by an act of God, physical disability, act or regulations of public authorities or labor unions, labor difficulties, strike, civil tumult, terrorism, war, epidemic, interruption of transportation, or any other reason proven to beyond their control, the Performer and the Organization shall work to come up with an alternative date and the Organization agrees to pay the Performer ½ (one-half) of the total contract amount which will be used towards the payment of a re-scheduled date. Any travel expenses incurred by the Performer will be forfeited.
Over the past 15 years, we’ve only had a handful of programs get canceled after a contract was sent out. But it does happen. When it does, play the long game. Collecting a few thousand extra in revenue now isn’t worth the potential of working with that person again in the future…or your reputation when other potential partners ask her about what it’s like to work with you.
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