I agree with Jan, your wording in the below letter is bad in many parts. do NOT send it as is!
talk to larissa off board and follow her advise. she has helped me get payment from deadbeat clients before and her email made all the difference imho. On Thu, Mar 11, 2010 at 4:34 PM, Frances Muslar <[email protected]>wrote: > 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 > > -- You received this message because you are subscribed to the Google Groups "Face Painting and Body Art Association." This is a PG-13 forum dedicated to the discussion of Face Painting and Body Art. This group is provided for the benefit of all and as such is not moderated. Our goal is to promote open and unrestricted communication between people interested in face painting and body art. We hope that you will be courteous to others and try to stay on topic. You are free to offer products or services related to face painting as well. Please address concerns with the original poster before contacting the management. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [email protected] For more options, visit this group at http://groups.google.com/group/fpba-assn
