Thank you all keep them coming, this was just a rough draft and actually the second one, the first one was more angry (by me) and I have the other company that they didn't use to put in the sweet stuff. So I see now that neither one will work. They are trying to say I promised a design which I never said that she could replicate it exactly. No I do NOT want to work with them again they were a hassle from the start but I don't want to "make waves" at the aquarium. They are my main concern as I work with them year round and they are getting a cut of the profits for referrals.
On Thu, Mar 11, 2010 at 5:07 PM, Larissa Symbouras <[email protected]>wrote: > It's too much. Here's your letter: > > Gina and Bill LastName > CompanyName > Address > > Re: Invoice # _____________ > > Dear Gina and Bill, > > Please be advised that the amount of $500.00 remains due and owing on this > account. I have attached the invoice again for your convenience. > > According to the contract into which we entered on February 26, 2010, we > were to provide face painting services at your event on (date). We did so; > in fact, our artist commissioned the production of a custom stencil for your > event. She painted with very few breaks for two full days, to rave reviews > from the people being painted. > > We have fulfilled our portion of the contract. To avoid breaching the > contract and necessitating litigation, please remit payment within seven (7) > days from today's date. > > Very truly yours, > Frances Muslar > BusinessName > > **This is communication is an attempt to collect a debt and any information > obtained will be used for that purpose.** > > On Thu, Mar 11, 2010 at 4:42 PM, Grandma Old <[email protected]>wrote: > >> Frances, >> I am not sure how to express this gently, but I do believe the grammar >> needs a lot of work - there are many errors which could detract from the >> professionalism of your company and its message. >> >> The sentiment sounded perhaps a bit more blaming than you need come >> across. >> >> Also, I would not use that font. I would use something like Arial. >> >> This is just my opinion...if it helps, great. If not, just ignore this. >> Jan >> >> >> ------------------------------ >> *From:* Frances Muslar <[email protected]> >> *To:* Amanda Havelin <[email protected]>; facepainthq < >> [email protected]>; Face Painting and Body Art Association < >> [email protected]> >> *Sent:* Thu, March 11, 2010 3:34:13 PM >> >> *Subject:* Re: [FPHQ] HELP LEGAL ADVICE!! >> >> OK everyone how does this sound. I still want to smooth this over before >> I have to take legal action and I also don't want a problem with the >> aquarium if they complain. >> >> Dear Gina and Bill, >> >> Thank you for booking with us. It is unfortunate that you are not 100% >> satisfied with the services. We sent you different painters and you picked >> out the one whose art you were comfortable with and at the event she was >> very busy and well received. >> >> While I feel horrible that this happened, I would have been happy to send >> another artist had I known or was notified on the day of the gig. We have >> other artist on staff and one was already at the GA Aquarium downstairs. We >> bend over backwards to make our clients happy but we can't do that if there >> wasn't notification of something wrong. Had I been notified on the day of >> the event that there was a problem with the artist (who by the way was raved >> about) but the fact is you are contacting me after the event when there was >> nothing that can be done after the services have been rendered plus an extra >> half hour ($75) at no charge to you. >> >> I have looked over the designs and to me it looked like the design. The >> design was never an issue in the contract and the words exact never came out >> of my mouth. I have since learned there was also tattoos given out and the >> fact is, the design was painted 2 times the whole weekend. None of the kids >> wanted it without major coaxing from the painter. My painter went above and >> beyond what any other painter would have done such as getting a stencil >> made, painting non-stop for the amount of hours requested ( with one 15 >> minute break on Saturday and one 30 minute break on Sunday) and staying >> afterward. I have worked overtime to meet your demands that you have given >> every other day. To top it off we gave a steep discount for the amount of >> hours requested ($750) to meet your budget. >> >> There were no complaints from kids and from Gina on the day of the event >> and the kids raved about her painting while she was there. The fact that >> you raved about her painting and the kids were happy and I know for a fact >> since I have been painting for a long time that kids never want themed >> painting no matter how we try. >> >> The quality of our work and client satisfaction is utmost importance to us >> and Amanda has been a full time corporate face painter for several years >> she was worked with leading Atlanta companies such as Underground Atlanta, >> Cracker Barrel and Walnut Square Mall and she has always had rave reviews >> and a non stop face paint audience as a matter of fact Amanda was busy face >> painting from the time she started and even stayed an extra 30 minutes at no >> charge to you. Again, we would have happily provided another artist to >> replace Amanda, we even had another face painter on site if there had been a >> problem. >> >> In light of the fact that I was never notified at the time of the event >> and the face paint services were in fact rendered and completed per the >> contract, in good faith we feel that we are entitled to be paid for our >> services. >> >> As a courtesy and appreciation of your business we would be happy to >> provide you with another face painter for another event for 2 hours in >> Atlanta and would be happy to provide you with a voucher. >> >> >> >> On Thu, Mar 11, 2010 at 4:19 PM, Amanda Havelin <[email protected]>wrote: >> >>> My conversation with her was..I just got an e-mail that you're not >>> wanting to pay me. She said she did not say she wasn't going to pay, but >>> that I did not fulfill the agreement you had made with her. Yes, she >>> complimented me on my work on Saturday and Sunday, and today on the phone. >>> But she said that is not the issue at hand. She stated that even though my >>> work was very good, and I had even stayed over to work, the fact remained >>> that you told her I had practiced the purple design and could duplicate >>> it EXACTLY as it was on the computer generated art, and that is why they >>> hired your company, and that I did not fulfill that agreement. I told her >>> that I would never have taken the job if I had been told I would have to >>> replicate the design to exact specifications. I'm not a robot, I can't do >>> that. >>> >>> On Saturday, I even told her about custom glitter tattoo stencils that >>> could make easy work of replicating exact designs, but that it was >>> impossible to be EXACT when freehanding a detailed design on squirmy kids. >>> >>> ------------------------------ >>> *From:* Frances Muslar <[email protected]> >>> *To:* Amanda Havelin <[email protected]> >>> *Sent:* Thu, March 11, 2010 4:10:56 PM >>> >>> *Subject:* Re: [FPHQ] HELP LEGAL ADVICE!! >>> >>> I didn't say anything about exactly I think they are just trying to get >>> out of paying. What exactly was the conversation you had with her? Did she >>> herself rave about your work? I am still writing the letter so if she >>> herself said anything on the day of talking positively about your painting >>> let me know so I can quote it. I will forward the letter when I finish it. >>> I am siding with you on this of course and I am sorry that this is happening >>> >>> >>> On Thu, Mar 11, 2010 at 3:19 PM, Amanda Havelin <[email protected]>wrote: >>> >>>> I'm sorry, but I just called Gina. I can't believe they are being >>>> like this. Gina and I talked about this over and over at the event. The >>>> fact that kids weren't wanting it. But because I managed to talk a child >>>> into trying it and the stencil didn't work, now this is what's happening. >>>> I >>>> worked very hard, paid for a hotel room, gas, food, drug my kids around for >>>> 2 days. Painted without sufficient breaks and worked over for free. Now >>>> she's blaming it on a miscommunication between you and me. She says you >>>> assured her I could freehand paint the design to look EXACTLY like the >>>> computer-generated art, and I didn't do that. I'm not a robot. No one >>>> could paint it to look exactly like the computer generated art unless they >>>> took WAY too long to do it, then they would complain about not painting >>>> enough kids. In my opinion, you should never tell someone you can >>>> duplicate >>>> a design EXACTLY. That just doesn't make sense. Every time we paint a >>>> face >>>> there are small (and depending on the day - sometimes large) differences. >>>> Nowhere in my contract was it stated that I had to exactly replicate that >>>> design, or I would never have accepted the job. Lesson learned. >>>> >>>> ------------------------------ >>>> *From:* Frances Muslar <[email protected]> >>>> *To:* Amanda Havelin <[email protected]> >>>> *Sent:* Thu, March 11, 2010 3:02:16 PM >>>> >>>> *Subject:* Re: [FPHQ] HELP LEGAL ADVICE!! >>>> >>>> Thank you, because I wasn't there I didn't know they already have a >>>> tattoo of the SAME design and at first when she called I thought she was >>>> talking about the Barbie and I was talking about how I wouldn't have been >>>> able to do that design and they said no it was the purple design. I know >>>> you did and they said you stayed 30 minutes after the gig. I am working on >>>> a collection letter. I am sooo sorry they are ass holes. Please bear with >>>> me as I do not want to lose our business relationship over this darn >>>> client. >>>> >>>> On Thu, Mar 11, 2010 at 2:57 PM, Amanda Havelin <[email protected]>wrote: >>>> >>>>> That's ridiculous. I went above and beyond by getting the stencil >>>>> made in the 1st place. It wasn't a requirement or even a recommendation. >>>>> If they wanted the kids to ONLY have the purple tattoo, then they should >>>>> have said that. That is not what they said, and we discussed it many >>>>> times. They were perfectly fine with me painting underwater themes. I >>>>> asked specifically at the beginning if that was the only thing I could >>>>> paint. The answer was no. Plus they had "lick and stick" tattoos with >>>>> the >>>>> purple design on it. So most kids would get a tattoo, then get in line >>>>> for >>>>> face paint. Why would they want to have the tattoo of it AND get it >>>>> painted >>>>> on their cheek. When I would offer the purple tattoo design, the children >>>>> would decline it and ask for a mermaid princess, dolphin, shark, etc. >>>>> They >>>>> RAVED over how wonderful the kids looked. Complimented me over and over >>>>> on >>>>> a job well done. This really chaps my behind. I will never work another >>>>> gig like that without payment up front. Thank goodness I had the >>>>> foresight >>>>> to ask for a deposit. >>>>> The contract was NOT to force children to take the purple design. It >>>>> was to face paint at their event. >>>>> >>>>> ------------------------------ >>>>> *From:* Frances Muslar <[email protected]> >>>>> *To:* facepainthq <[email protected]>; Face Painting and >>>>> Body Art Association <[email protected]>; succesfulartists < >>>>> [email protected]> >>>>> *Sent:* Thu, March 11, 2010 2:33:59 PM >>>>> *Subject:* [FPHQ] HELP LEGAL ADVICE!! >>>>> >>>>> OMG I had the client from hell this past weekend. It started out with >>>>> the client booking with another company I worked with at this venue and >>>>> then >>>>> they decided not to go with them so I put in a bid to try to save the gig >>>>> for being in house at the venue as my company (and I already gave them a >>>>> huge discount for booking multiple hours).and I split it between me, the >>>>> venue and the other company (to be fair) Anyway I sent them several >>>>> painters and they chose the one they wanted. Then they sent over what >>>>> they >>>>> wanted to replicate (see attached) and here is the email >>>>> >>>>> Hi Frances. >>>>> I have attached two NDA's, one for you and one for X. I have also >>>>> attached the W-9, and the art work that we need her to replicate. Please >>>>> take a look, and confirm that X is comfortable with replicating this >>>>> piece. >>>>> Feel free to fill out the forms, and email the back, or you can fax them >>>>> to >>>>> our office. The fax number is below. >>>>> Thank you. >>>>> >>>>> Then they sent a second sheet as inspiration with ocean themed designs >>>>> >>>>> Then when asked about payment they said after the event and I said no, >>>>> 50% deposit please (see below) on Feb 26. They say they will pay it >>>>> >>>>> Please find attached my contract. I need you to go over it and make >>>>> sure everything is in there as far as times and date of event contacts. >>>>> As >>>>> far as the check is concerned, it is very hard to secure entertainment for >>>>> you when Entertainers don't know when exactly they are being paid and we >>>>> usually secure a deposit beforehand just for such occasions. Please check >>>>> and see if your contact can put down a deposit of 50% for checks made >>>>> after >>>>> performance date or if they can make sure the check is at the venue on the >>>>> day of. For your convenience I take credit cards also. She is ready to >>>>> work your event and practiced your design but will need to know >>>>> definitely a >>>>> date when she will be paid. Thank you for understanding my predicament. >>>>> >>>>> Now every single day there was something added to what they wanted >>>>> since booking such as not wanting glitter (which is crazy) and then they >>>>> wanted her to wear a uniform of khaki pants and a barbie shirt but then >>>>> they >>>>> didn't have time to get the barbie shirt made and then they wanted her in >>>>> khakis and a black shirt and my painter didn't own any and I said what she >>>>> did have dark pants and black shirt and they said fine. by this time i >>>>> was >>>>> really getting tired of the clients demands and by the way they did not >>>>> send >>>>> the check until that friday the day before after 3pm and it was made out >>>>> to >>>>> the wrong name and I specifically asked them to make it out to on email, >>>>> phone and my contract has it on there. >>>>> >>>>> So my wonderful painter does the gig before getting the deposit from me >>>>> and gets a stencil made for this gig while I try to get this money in and >>>>> they finally paypal the deposit on the day of. >>>>> >>>>> As we all know kids never want a themed anything so the first day there >>>>> are no requests and the second day there are only 2 requests. >>>>> >>>>> Now it is after the gig and they called me saying that the stencil made >>>>> it look like a purple blob and the freehand doesn't look like the design >>>>> (which to me it does) and they don't want to pay the full amount. Now >>>>> mind >>>>> u if you look at the invoice I gave them a big discount because they said >>>>> they had a budget and I said I would do it for the amount. Mind you this >>>>> is something I would have done but I was in VEGAS at the Pashur workshop. >>>>> They said the painter was very nice and great with the kids but that they >>>>> shouldn't have to pay if they didn't receive what they booked us for. >>>>> (this >>>>> same purple thing) What can I do?!! I told them I would go over >>>>> everything >>>>> and get back to them. >>>>> >>>>> HELP!!! Where are u Larissa?! >>>>> >>>>> -- >>>>> Thank you for your business! >>>>> >>>>> Frances "Fancy" Muslar >>>>> Fancy's Face & Body Art >>>>> (404) 399-8653 >>>>> www.fancysfacepainting.com >>>>> >>>>> >>>>> >>>> >>>> >>>> -- >>>> Thank you for your business! >>>> >>>> Frances "Fancy" Muslar >>>> Fancy's Face & Body Art >>>> (404) 399-8653 >>>> www.fancysfacepainting.com >>>> >>>> >>>> >>> >>> >>> -- >>> Thank you for your business! >>> >>> Frances "Fancy" Muslar >>> Fancy's Face & Body Art >>> (404) 399-8653 >>> www.fancysfacepainting.com >>> >>> >>> >> >> >> -- >> Thank you for your business! >> >> Frances "Fancy" Muslar >> Fancy's Face & Body Art >> (404) 399-8653 >> www.fancysfacepainting.com >> >> >> > > > -- > Body Art: > www.NJFacePainter.com > www.NJFacePainter.blogspot.com > > Handmade Soaps & Other Indulgences: > www.ReefBotanicals.com > www.ReefBotanicals.blogspot.com > > Law: > www.LarissaSymbouras.com > www.LarissaSymbouras.blogspot.com > -- Thank you for your business! 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