Still no word about payment

[Dart]

I worked a show this November (as an OP) with a small company with no "home," which rents theatre spaces for tech and performances - I worked with them as the tech from the theatre they were renting. I didn't know them before this, but they seemed to really like me and hinted that they'd like me to SM their next production. A couple of phone calls and emails were exchanged in which they repeatedly asked me to reserve the dates they'd need me, but that they still had to look over budget to see what they could offer me. They know I don't work for free both because I (politely) mentioned it when they started hinting at hiring me, and because they paid me to be their tech for this past show.

When I mentioned to one of my coworkers that they wanted me to work with them, she advised me not to become involved with them because they haven't been great about payments in the past.

I still have the dates open because I haven't found another gig for that timeframe, but the first day they want me is this Thursday (1/9). I emailed them on the second reminding them that they still haven't given me a number, and they again said they have to talk about it among themselves.

With 5 days to go, what do I do? Is it time for me to send an email with the number I want? Do I run away? Is there a way, if/when we agree on a number, to make sure they do pay me and do so on time? (I've never done this before, but do people ever ask for some or all of their stipend to be paid before work begins? Is there a way to classily do this?)

I'm not enamored of the project or of the company, but I don't have any gigs lined up for the next two months and would very much rather make some money than not. Then again, I definitely don't want to get cheated out of money or to have to fight anyone to get paid.

[loebtmc]

Perhaps you need to draw up a contract and state clearly your terms, and have both you and them sign it, then make a copy for their files (you keep the original) and make sure it includes incremental payments which, if you don't receive, mean you walk - something you certainly tell them but also must be a hard promise you make to yourself.

[SMrose]

 (I've never done this before, but do people ever ask for some or all of their stipend to be paid before work begins? Is there a way to classily do this?)

Yes.  I often get a percentage of my payment upfront on independent contract work especially with companies that I have not worked with before (not in a rental situation through another party).  The classy way is to state that you get paid a percentage up front and get a written signed contract with the stipulations that loebtmc has advised.

I find it interesting that the company can't tell you what the fee is with 5 days to go.

[KMC]

I agree with SMRose's last point.  If they can't tell you what they have available to pay you it's likely they haven't got anything budgeted for an SM.  If they had budgeted X dollars for the position they'd be able to discuss that with you immediately.  That's symptomatic of much larger issues, but focusing specifically on you: if they don't have the budget nailed down five days before you're set to begin work it's quite possible they don't know how much they'll pay you and, perhaps worse, where they're going to find the money.  It seems as if they're putting the cart before the horse in that they've asked you to SM the production but are just now getting around to budgeting for your work. 

I would use your instinct in this situation.  If you still have nothing else scheduled you're not really going to be at a material loss if you hang on until the last minute (just stressed, frustrated, etc...).  You also need to extrapolate this situation a bit.  If this is how the company represents themselves in talent acquisition, is this how the entire production is going to be?    Whatever you decide, I would not begin work before a contract is signed by both parties. 

As your post is from two days ago, is there any update?  Have they given substantive response to your email(s)?

[Dart]

No response yet! I drafted a contract with the stipend I'd like (I would be okay with them asking to lower it a bit), and sent it their way. The contract includes a payment schedule, and the email says I'll need it signed before I begin work. Hopefully I'll hear back tomorrow.

I updated my coworker since this might become her problem if they don't have an SM, and apparently they've assured her I'm doing it. So maybe they'll pay me what I want after all?

[iamchristuffin]

Give it 24 hours, then if you haven't heard, give them a ring.

[KMC]

No response yet! I drafted a contract with the stipend I'd like (I would be okay with them asking to lower it a bit), and sent it their way. The contract includes a payment schedule, and the email says I'll need it signed before I begin work. Hopefully I'll hear back tomorrow.

In my opinion and with the knowledge of the situation you've provided in this thread, I think this was the right path forward.  Good luck - let us know the results.

[Dart]

I got a call this morning! They offered me half of my walk-away limit (hooray for having one in place!), so I said absolutely not. They said they'd look for someone else, ended the call, and a bit later called me back to say that my price is atrocious but they'd compromise and only have me in half of the time they wanted me (so I wouldn't be required for some rehearsals). This means I'm still getting paid a lot less than I wanted, but it falls right on my limit so I took it.

They also said not to bother updating my contract version since they'll provide one when I see them, but I'm still going to take it with just in case their version doesn't include everything I want it to.

[VSM]

Good luck.
I hope you can stay away from the rehearsals "you're not needed at" due to budgetary restrictions...