Pay-Per Events and Exclusivity

I'm in negotiations for an event who claims my day rates are still too steep but want me there and would I be willing to do pay per balloon? I do - I think it could be really lucrative - but I want to make sure I cover my bases.

So I've said that if I still get my table/chairs/shelter/parking provided I would still be interested, but I would also need exclusivity with balloon art.

My two grey areas:

1) Those inflatable animals/toys that blow up like a beach ball. I did a fest last year where I was verbally told we'd have exclusivity, then saw a vendor selling inflatables. It really hurt our business. (The guy apparently didn't know that vendor would be there...sucky communication)

2) I feel like there should be a "penalty" attached for breech of contract - like a damage deposit, more or less. It doesn't make sense to yammer on about exclusivity and not cancelling because there's a contract, but not state what happens if the contract is broken.

My retainers for hourly gigs are 50%, and the one contract I don't get a retainer for states that if they cancel within 3 weeks of the event (my standard cancellation stuff) I still get paid 50% of what I would have gotten. But with this, we never did agree on any hours or a rate or anything, so I don't have a 50% to calculate. (Plus those would have been set hours and for PPB we can stay there the whole damn day if we want )

How would you phrase this? What would you use as a "damage deposit"?

I wish you the best of luck, but it seems like any small kids type toy could hurt your business, so be careful to include everything you can think of.

-Metina

Can you get a retainer from them?

Personally I'd set a minimum appearance fee and then at least you get something for showing up.

I'd probably call it a "retainer" or something like that... they get it back if the contract is held and they don't get it back should there be any breech of the agreement on their part? Of course, they might say the same the other way round as well.... what if you failed to hold up your end... but really, they wouldn't be out all that much business-wise if you weren't there (I mean they'd miss out obviously on how wonderful you are, but it wouldn't kill the whole event or anything). I've never insisted on exclusivity and in general, it hasn't hurt my profits... I find the weather to be a much bigger factor, or inadequate attendance in general due to lack of advertising or it being a brand new event.

Metina, I'm not worried about the other carnival prizes etc - if they want a stuffed toy, they'll get a stuffed toy. But if it's a toss up between a balloon and an inflatable toy - well, they're both filled with air, kwim? I might just let that drop though. They are different.

Shannon - I'm planning on a retainer - but I think I actually would phrase it as a "deposit"...my mindset is that it's like a damage deposit in that you'd get it back as long as everything went as per the contract, whereas because I normally use "retainer" for hourly gigs, I think of that as being paid towards the final balance.

A friend suggested a per day deposit - $200 per day over the 4 days instead of an $800 lump sum, for example. A) $200/day sounds better than $800 for the weekend, and B) then if they breech contract on Friday, they lose $200 but can smarten up for the other 3 days. Does that make sense?

I did get an appearance fee once for a swap meet thing, and I felt awkward about it - doesn't it seem like getting paid twice?

Perry - it's true, the event would still go on and no one would be the wiser But I don't want to go there, book 4 days, turn away other parties, and find out that there are 3 stalls giving away balloon animals.

Perry and I did a four day festival last year and the next row over were other face painters. Three booths down was a lick and stick tattoo HUGE tent. I had glitter tattoos as wel.

So, Perry and I sharing clients...plus, sharing with the other booths, we still make great money for the time it didn;t downpour.

I think the retainer per day is a good idea. When they see your amazingness...the parents will automatically go to your booths anyways. As a parent of a little one, I would def. pay for better quality work anyday. Especially when the other booth is probably charginh the same as you.

Wow... great idea. I am interested to see how you work it.