Exclusivity at Festivals

I ran into a situation at a festival this past weekend, where I was given verbal reassurance that IF there were another painter, they would be at the opposite end of the festival. As it turns out they were only 5 booths away and offering free craptastic painting, while my partner and I were charging. In fairness to the other painter, they were there to draw attention to the business whose booth they were in, and were just doing what they were invited to do. I have no hard feelings toward them.

The weekend wasn't a complete bust, but the free painting so close to our booth certainly hindered our ability to make money. We were in the kids' zone, and the other painter was in the main area. the areas are coordinated by two different people, and are side by side. The other painter was at the end of her area, and we were at the beginning of ours, which ended up being very close together- hopefully that makes some sense. Our coordinator did her best to shut the other one down, but due to politics (don't you love how it always comes down to that?) she was unsuccessful. I've been told that they'd like me to come back next year, but I want to make sure that I protect myself next time. I do believe that this is a worthwhile event, and would like to return under different circumstances.

I'm wondering if anyone has a contract clause that ensures exclusivity, or at the very least, something along the lines of no free face painting within ____ booths... I'm looking to be proactive for next year, and any other situation that might arise between now and then. I'd love some ideas on proceeding from here.


I've cross posted this on FB.

I had a two similar situations last month at two separate county fairs.

Both times, neither booth had declared offering face painting in their vendor contract, so they were both forced to shut down the face painting.

The people at the second fair were a church group and they, too, were only looking to draw attention to their booth. They actually apologized to me when they realized they were affecting my business and thus, my livelihood.

Miss Ronnie, while doing cold calls looking for business, I called a local Irish Fest organizer in West Palm Beach. I attend most years, including last year, when I noticed a FP'er for the 1st time. Many of the vendors are different each year, so I didn't think twice about asking. Now, I did not go the previous year & before that, I wasn't FP'ing, so I never saw one there. After talking a few minutes about previous years, the contact person said she'd like having a local instead of the painter they'd had for a few years, from Texas! Did I think the event "could handle 2 FP'ers?" I told her, no, that it wasn't the same as having several vendors selling jewelry or T-shirts & I wasn't interested in undercutting someone who'd been there for years. She told me she'd call if the other artist didn'y return asked what I thought of the painting I saw. My answer was "my friends & family said I could do better, but they were prejudiced. Why didn't she take a look at my FBook page & website for herself?" I thanked her for her time. Guess if there was a FP'er there before I started painting, I didn't notice....but now, I'm thinking not. This venue has everyone set up in a circle, 2 levels on one side, all visible to each other w/a large stage @ one end & food @ the other. Every one stakes out a place to sit in the middle (for entertainment) & wanders "the circle". It's a 2 day venue that costs the artist $375. NO WAY would that work for 2 separate businesses! Miss Ronnie...Hope that organizer doesn't do that to the current artist. Karma! It'll come back to bite you in the end.

BTW, Kingsmeadow, I've heard of several people who included an "exclusive" clause & STILL had other FP'ers brought in. At least if it's in the contract, you have an option. My 1st gig was @ a huge school fair where a local Dr brought a FP'er & decided to set up right next to me. The organizer was inside, not to be seen till after the event ended. I was outside w/a long line & no contract. That FP'er & I were polite to each other. We talked & I told her it was my first paying gig. She spoke w/her DR. & said she would just do tattoos that night. Later she told me, she loved my work! We have shared jobs now & then for the past 2 years. My last gig was one she couldn't do & passed on to me. Karma!

Lovely story, Pat! It would be wonderful if all face painters in the whole wide world were equally as kind and courteous to each other!!!

Rhonda, I just got off the phone w/her. I returned the favor by passing something to her. I've learned so much from all of you on the FPF & from a few local artists. You "Miss Ronnie, are not only an awesome FP'er, but have made me choke & spit out my tea so often that I now keep napkins handy when I go on FPF. That goes for "Fessy" too. For Miss Shannon & Perrynoia, I respectfully sit, listen & mind them!

 

I miss Perry...

Me, too, Diane....  

Thanks, Pat.   I can't wait until Pashur's upcoming Syracuse classes when fessy & and I & Denise get together.   I may have to wear Depends because I know I will probably be laughing uncontrollably.