Reference Contract for Demonstrator Needed

[PoisonIvyForge]

I was asked to provide a contract for our conference demonstrator, but this isn't something we have been asked for before.  

Would any of you good people, who have experience with this, be willing to offer any reference or guidance?

[Frosty]

That's way out of my depth, I'd call an attorny's and ask for a referal. Maybe the Better Business Burough can refer you. Who is asking, the conference people or the demonstrator? 

Seriously, this is where I go to the yellow pages (the PAPER ones) call likely looking numbers and talk to receptionists.

The receptionist KNOWS!

Frosty The Lucky.

[PoisonIvyForge]

Thanks Frosty, The Demonstrator is asking our group to provide a contract, I suspect he may be using the term loosely and just wants written confirmation.  I talked with Brian the President of SOFA and he says he just uses a letter detailing the terms agreed to, to give the demonstrator piece of mind, not an actual legal contract.

[ThomasPowers]

Which of course may be an "actual legal contract" in your state; shoot I lived in a state once where oral contracts held for everything but conveyance of land. 

[Frosty]

The letter of agreement your Pres says they use is enough of a contract to be enforceable in small claims in most states and should do the trick.

Agreeing on an exchange, whether services or goods and compensation, signed by both parties IS a contract and enforceable in most places.  Real property is more formal. Lots more.

And that's about what my contract writing know how extends to. Yeah, I watch "People's Court" and "Judge Judy."

There are web sites that provide boiler plate contracts. If you can, sit down with the gentleman over coffee and work out terms, When you're happy you both sign it.

Frosty The Lucky.

[George N. M.]

Basically, a legally enforceable contract is an agreement, written or oral, that binds one or more people to do something that they are not otherwise legally required to do.  It can be called a "Memorandum of Understanding," "Letter of Agreement," or anything else but that is the basic definition of a contract. 

In your case you can just have a couple of sentences saying that the demonstrator agrees to demonstrate at a particular place and time for X hours and the group agrees to pay him X dollars.  That is the basic contract.  You can add anything else such as indemnification for any injuries, travel costs, meals, etc. but the action an payment are the basic elements of a contract.  In some states a legal contract must have some kind of compensation even if it is 1 dollar.

I suggest that someone ask the demonstrator what he wants tied down.  Contracts are to set out what both parties expect and what happens in the 1% of the cases when something goes wrong.

I hope this helps.

George M.

Colorado Attorney Registration #16972

"By hammer and hand all arts do stand."

[PoisonIvyForge]

Thanks George

[George N. M.]

Dear Poison Ivy,

You're welcome.  There is a lot of esoteric knowledge on this forum and each of us can share our unique skill set.  I am happy to share the perspective I have to help someone.  That is the exchange I get for help from someone who knows more than I do about something else.

"By hammer and hand all arts do stand."

[jlpservicesinc]

If the demonstrator has done a few of these before he may have a contract you can copy..  

I had a standard contract for demonstrations for years..  I still get paid for demonstrations  where most will do them for free..   

It would state that my insurance would be covered as a demonstrator under "Their umbrella policy with hours and pay per day or event"..  I would sometimes ask for their policy number and contact information of the insurer or underwriter with this information on the contract.. 

Lots of times they would say" Hold on and let me get a hold of the insurer.. Let me give you a call back"..   

I'd suggest asking if he had a contract all ready to copy..  

[George N. M.]

Insurance is a funny thing.  You have to be clear who is covered and for what.  If it is the demonstrator's policy it covers his liability for his negligence.  It would not cover the host organization unless the organization is named as an "additional insured" (magic words/term of art).  Also, it would probably not cover the demonstrator against injury caused by someone else's negligence unless it specifically covered his own personal injuries.  Think of your auto insurance.  Your liability coverage is for personal or property damage for other people.  Your own collision coverage is for your own property damage.  Your medical covers your own personal injuries.  Comprehensive insurance rolls two or more of those together.

Too often someone will ask about insurance but not understand exactly what kind of insurance they are asking about or even what sort of worst case scenario they are contemplating.

"By hammer and hand all arts do stand."