Author Topic: Promissory Note versus Contract  (Read 6780 times)

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SLY

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Promissory Note versus Contract
« on: Apr 30, 2010, 12:54 pm »
Hi All,

I know its been awhile since I've logged in but now that the dust has settled in my new location, I'm ready to get back into things. I've relocated to New York and have started working as an ASM on a production. I have a question. The director is asking me to sign a "Promissory Note" and not a contract for a show I have just started working on. I've never heard of a promissory note. I suppose the only difference is that it doesn't not outline my responsibilities and their expectations. I have NEVER worked on a show before even as an ASM where I did not have a contract. Is this how New York does theater or is this something weird? The director mentioned that only the SM and Designers get contracts. Why haven't I ever heard that before in my 9 years of theater experience?

Is this weird or is this the norm? Please help and advise before I sign this!
Everything you can imagine is real ~ Pablo Picasso

loebtmc

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Re: Promissory Note versus Contract
« Reply #1 on: Apr 30, 2010, 02:16 pm »
what does it say? what are you being asked to sign - specifically? does it only ask you to promise you won't take another show? is there guaranteed pay/responsibility from their end if anything changes and you don't end up working w them? does it spell out times or pay scale or anything at all? have you negotiated your salary/hours/responsibilities verbally and they just aren't typed into a formal contract yet? Is this a precursor to a formal contract?

you have the right (within reason) to edit in terms and conditions that you are comfortable with before signing - and you need to know what those are and what you are agreeing to by signing this -




SLY

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Re: Promissory Note versus Contract
« Reply #2 on: Apr 30, 2010, 05:14 pm »
So the note only outlines that they will pay me in two installments. One installment will be on or before opening night and the other on or before closing night.

I was concerned that they didn't list when my contract would begin or end. Rehearsals haven't even begun and I've been asked a lot already and there have been nurmerous meetings I've been expected to attend. I wanted my contract to list in detail what they were requiring of me.

Being paid wasn't a concerned. But what i'd have to do to get paid is. I spoke with the director..who is also the star and the producer and the writer and the artistic director of the theater and he has said he will not make any changes and will not issue me a contract. He will only issue the promissory note saying that he will pay me.

I told him I would give him an answer tomorrow on whether or not I was still going to do the job.

There have been a few other yellow and orange flags raised. Huge controlling issues and micro managing issues and this is another thing to take into consideration.

They are a theater where they want people to wear multiple hats and I don't want to have to jump through rings of fire when its all said and done.

*Sigh*
Everything you can imagine is real ~ Pablo Picasso

loebtmc

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Re: Promissory Note versus Contract
« Reply #3 on: May 01, 2010, 01:29 pm »
presuming this is a nonunion arena?

can you talk to folks who've worked w the theater or those involved to get their feedback? Are these people who will advance your career or have connections that make it worth the challenge?

If the promissory note only expresses that you will be paid (and hopefully how much), you are entitled to know what their expectations are for that pay, so they can't turn around and say well, you didn't do x or y, so we aren't giving you the amount discussed. And no, it's not a contract, but nonunion work is often done without one. But you are entitled to ask them why they use this, in a very non-threatening, "just wanting info" kinda way (think of it as a pre-nup). Have they been burned before?

I think it's worth it - and fair - to say "I need to know what your expectations are, what you expect of me, so there is no confusion and I am not making any assumptions about my job" - you can even phrase it as knowing what they expect so you can make sure to fulfill their needs. Of course, this gives you the opportunity to see if their expectations are realistic or within the parameters you're willing to accept for yourself, and to write it out so you can point to it later (or, perhaps, email a "this is what we talked about, can you make sure I heard you correctly email" which will document the discussion in case there are issues later on.

And yes, sounds like a micro-management kinda situation, where you may be very, very unhappy. Have you already been to productiojn meetings and done other work yet? Is your time and skill being valued and respected?

good luck - and let us know what you decide






VSM

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Re: Promissory Note versus Contract
« Reply #4 on: May 01, 2010, 02:15 pm »
What does that little voice of reason say to you?
If you have any misgivings, walk away.
IMHO - this could be trouble...
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SLY

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Re: Promissory Note versus Contract
« Reply #5 on: May 01, 2010, 04:35 pm »
I decided to step down from the position. I first spoke with the director/producer/lead actor/production manager/artistic director/writer about my concerns and he refused to make any changes. One of my request for changes was simply adding the name of the theater company onto the promissory note. :(

Over the past few weeks he's called me multiple times every day but today he has ignored all of my calls and so I sent a very polite email to step down from the position. Even though I am not an equity stage manager, I have always had a contract with every non equity theater and equity theater that I have worked with. Asking for clarification in the expectations of my role or the theater name to be added seems like a small request. Its not like I was asking for more money. I would have done the job for free and performed as if they were paying me a million dollars. I don't SM for the money. I do it out of love.

Anyways. I stepped down. Besides the promissory note was just another problem in many growing issues.

You asked if this person was someone who was connected and could advance my career. Maybe, maybe not. You never know who is connected to who. And that actually goes in reverse as well. I'm not looking to make a career out of being a stage manager. I'm looking to continue working on projects that I believe in with people who believe too. In all my years as a theater artist and stage manager, I have been blessed to be able to work with those standards and I don't plan on changing them now. I know that I am probably only able to do so because of the flexibility and salary of my other job. Not everyone has that luxury.

Thanks for you all's advice. It helped!
Everything you can imagine is real ~ Pablo Picasso

loebtmc

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Re: Promissory Note versus Contract
« Reply #6 on: May 01, 2010, 05:09 pm »
GOOD FOR YOU!!!!

Leaving with your perspective and attitude is so constructive - congrats on reaching a decision that is based on your gut and your needs, and not dependent on what others think. Clearly this was the right choice, and handled in the right way.

Best wishes you your next opportunity, whatever it may be

missliz

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Re: Promissory Note versus Contract
« Reply #7 on: May 01, 2010, 11:24 pm »
Congrats. That is not any easy thing to do- I've been in your position- but you ultimately made the right decision.
I personally would like to bring a tortoise onto the stage, turn it into a racehorse, then into a hat, a song, a dragon and a fountain of water. One can dare anything in the theatre and it is the place where one dares the least. -Ionesco

VSM

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Re: Promissory Note versus Contract
« Reply #8 on: May 02, 2010, 02:37 am »
Brava!
Always listen to your little voice...
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bethanyb5

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Re: Promissory Note versus Contract
« Reply #9 on: May 18, 2010, 12:22 pm »
wow this kind of baffles me. I've worked theater in NYC for about 5 years and very rarely have I had a contract.

What I find interesting is that the promissory note really protects you as far as payment but doesn't protect them as far as what you will be doing. So you really could have made their lives miserable by refusing to do any specific tasks because they never specified what your job would entail.

So welcome to NYC!! You will learn that people are interesting and strange.

NomieRae

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Re: Promissory Note versus Contract
« Reply #10 on: May 19, 2010, 12:21 am »
the phrase "director/producer/lead actor/production manager/artistic director/writer" sent up a huge red flag for me. Very rarely do all of those hats get worn by one person effectively...

Kudos to following your gut, and for the record even when I was non-equity (and even when I do dance and other event related things that fall outside of AEA) I always require a contract. Never had a problem with it with any company in the past 6 years.
--Naomi
"First, I honor life, and with it my life in theatre." -- Jacques Burdick