Magican's Assistant Waiver/Secrecy Form

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Magican's Assistant Waiver/Secrecy Form

Postby dhatcher » Nov 8th, '07, 15:04



Can anyone send me or tell me where to find a waiver/secrecy form for assistants to sign? I do not normally use anyone other than my wife. However, I am doing several large shows that will require stage hands and such. Any help would be greatly appreciated.

Thanks!

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Postby Lady of Mystery » Nov 8th, '07, 15:39

I did a few shows as an assistant (that's what got me back into magic) and didn't sign anything. Everything was just done on trust.

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Postby Mandrake » Nov 8th, '07, 16:04

If it's an official gig, have a word with Equity and see if they have any standard forms to use.

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Postby bmat » Nov 8th, '07, 17:25

As usuall I am siding with Lady of Mystery, Unless you are copperfield I'd go on trust. hell if you are doing an illusion show you are putting your poor assistant through enough agony at least trust that they will keep a secret. And even if you are not doing an illusion show your assistant is your partner on the stage, did you take an oath? You have any written binding contract? Every now and then you have to have a little faith. Treat your assitants (I like the term partner better) right and in turn they will do the same for you.

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Postby seige » Nov 8th, '07, 17:31

As a parallel, I hired a model for a photography shoot a while back. It's the first time I'd used her, or the agency.

Common practice is to ask all models to sign a release, which they read and agree to... usually stuff pertaining to how the pic is to be used, etc. and royalty issues.

On this occasion, there was a specific level of confidentiality involved, as the model was appearing with a not yet publically released item... in other words, she was privvy to something which was a secret.

I amended our model release form to include 'you shall not mention the products or concepts you have seen here today, and any leak of information will be treated seriously, etc.etc.'

She point blank refused to sign the release, on the grounds that she was uncomfortable with the Ts&Cs, and therefore, I refused to work with her.

Had this been a verbal contract, it would have saved me paying her travel expenses. But when the shizzle hits the fanizzle, it's much better to have a signature in black and white!

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Postby joecarr14 » Nov 8th, '07, 17:39

i dont trust people enough for it to be verbal... signatures all the way... :D :lol:

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Postby bmat » Nov 8th, '07, 18:19

Seige, that is a perfect example when a contract should be used, as there are many instances when contracts should be used. But in the safe guard of a magic secret that is probably already out there? Again if you are one of the few on the top rungs of magic then I'm not sure of the point. But that is a decision for each person to make. And chances are you are not going to be able to enforce the contract. You going to sue your magic assistant? Better find out that he/she has some money socket away that you can get before you end up paying for all sorts of legal fees to find out the hard way that you can't get blood from a stone.

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Postby seige » Nov 8th, '07, 18:29

Hence my 'closing' paragraph...

I think in this instance, it's a judgement call. I'd rather just do it than muck around—get on with it, and forget bits of paper! Especially as you rightly say, there's not *that* much at stake unless you are using your own, secret secrets.

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Postby Replicant » Nov 8th, '07, 18:43

seige wrote:As a parallel, I hired a model for a photography shoot a while back. It's the first time I'd used her, or the agency.

Common practice is to ask all models to sign a release, which they read and agree to... usually stuff pertaining to how the pic is to be used, etc. and royalty issues.

On this occasion, there was a specific level of confidentiality involved, as the model was appearing with a not yet publically released item... in other words, she was privvy to something which was a secret.

I amended our model release form to include 'you shall not mention the products or concepts you have seen here today, and any leak of information will be treated seriously, etc.etc.'

She point blank refused to sign the release, on the grounds that she was uncomfortable with the Ts&Cs, and therefore, I refused to work with her.

Had this been a verbal contract, it would have saved me paying her travel expenses. But when the shizzle hits the fanizzle, it's much better to have a signature in black and white!


Did she have issues with the contract as a whole or the amendment specifically? If it was the contract as a whole, it seems surprising that a model would refuse to sign what amounts to, I assume, a standard set of T&Cs which she has probably agreed to and signed for, countless times in the past.

If she had a problem with your amendment, I still don't get it. Why would she have issues with not mentioning items and concepts she was working with? I don't see how it can be so difficult to keep quiet about a job you're doing, especially if the client has asked for a certain level of confidentiality; it would be very unprofessional to blab to everyone afterwards. Probably just as well you didn't hire her in the end.

I have no experience with this kind of thing, but I would say, as a rule of thumb, to get something on paper. However, if it turns out that they later break that contract by, say, revealing certain secrets, how would you then proceed? Sounds like a legal minefield to me. My head hurts now.

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Postby seige » Nov 8th, '07, 19:25

Her specific issue was with the confidentiality bit... although she'd had the document for a week, she hadn't thought to actually mention it...

I *think* that she was specifically worried in the fact that we'd mentioned legal proceedings on behalf of our client should she disclose the subject of the photo session. And on the day of the shoot, she chose to mention this!

Hence her wasted journey! And our wasted time!

What is doubly annoying is that we only needed her torso and legs, plus arms... we could have blindfolded her in aid of secrecy ! ;) hehehehe

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Postby FRK » Nov 8th, '07, 20:51

One thing which has been completely missed in all this is will she give a dam ??

Most people are not interested in what happens in magic and even methods are often forgotten anyways…

Work on trust and the chance you might use them again, with a sprinkling of ‘ you are now in the circle of magic ‘ this might be enough to keep them quiet.

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Clarification

Postby dhatcher » Nov 8th, '07, 21:42

Let me clarify as it seems answers to my question of "Where can I find waivers" has sparked a debate of whether of not "to trust someone." I use my wife for my assistant, partner, box jumper, or whatever term you like. She does an awesome job. However, for a few shows I have coming up, I will need stage hands to simply move props in and out. These people may not be in the magic community but they will probably be able to view mechanics of particular illusions. It's not that I don't trust them as much as I just desire for them to protect the secrecy of what we, as magical entertainers, do. Because this is what we do for a living, it is important for me to protect you and me. I don't have all the money in the world and only have a limited number of illusions. So, if someone were to tell someone else, then it sort of ruins my livelihood , you know? All this to say, it's not as much a trust issue as simply a way to reinforce how important it is to value the secrecy of what we do.

I have even thought of using local High School drama students who have an interest in entertainment. I would pay them as well as provide a letter of reference for them. So, my intentions are good.

By the way, to the guy who asked me if I "signed" anything... Actually, when applying for national and world magic organizations, I have signed forms declaring my commitment to the art and secrecy of magic. So, I am not asking anyone to do anything I have not done.

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Postby RobLaughter » Nov 9th, '07, 05:51

Google "confidential disclosure agreement." that's what i use

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Postby Magic-Martin » Nov 9th, '07, 09:07

Hi guys.

PLEASE, let me say from experience --- and I cannot stress this enough ---: ALWAYS have a written contract, even if it's on a napkin, when working with people you do not know.

I've been in the entertainment biz for 13 years now (not magic though) and you really ought to have your butt covered! :D

Actually, it is the best for both parties since there will be no doubt about what was agreed upon. Even though a verbal contract still is a binding contract in most countries, people tend to "understand" things differently and a written contract should remove all doubt.

If the contract says that your assistant should be at the venue at 8:00 PM sharp, and that the pay is 100 bucks then that's how it is. Also, ofcourse the assistant should sign a confindentiality form. Your magic (I suppose you do this more or less professionaly since you said multiple large shows) is a business secret like any other business secrets. Most countries have strick laws protecting the confindentiality of business secrets.

Just my few lousy cents ;)

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Postby seige » Nov 9th, '07, 09:20

This is true: for ANYTHING where you are putting an assistant/employer in a given situation, you should have a contract. Even if you don't mention the secrecy thing, get something on paper which explains clearly their role, expectations, and carefully outline your cover of liability.

The other thing perhaps worth mentioning is publicity: the 'assistant' should at least sign something agreeing that if, for whatever reason, a photograph of your act is taken with her/him in it, that they give their consent for that picture to appear publically...

A sticky incident recently for a friend of mine was when they drafted-in a member of the public to appear on stage in their band, which subsequently was published in a local rag... MUCH to the dismay of the drunkard stooge. Usually, photographers will be a bit more intelligent and ask if this is OK, and for the names of people involved, but on this occasion, it was thought that the 'person' was a part of the band.

Things can always turn ugly—and usually, from experience, if money or capital gain is involved, things DO turn ugly.

Draft out a contract, explaining expectations/etc.

Again, taking the 'secrecy' thing as a serious matter is preference I think.

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