Re: a.g.b. Band Contract Project
- From: coreybenson <coreybenson@xxxxxxxxx>
- Date: 4 May 2007 08:42:21 -0700
On May 2, 11:19 pm, "js" <NOS...@xxxxxxxxxxxxxxx> wrote:
There's three things I put into every contract:
1) "Employer shall give no less than x days notice to band of cancellation
of performance or employer agrees to pay band as liquidated damages one
hundred percent (100%) of the guaranteed fee."
For most private gigs, it's 30 days, weddings and New Years it's 60-90. I
don't screw around with prorated fees (ie 10 days or less=100%; 1-20 days
before=60% etc). It gives them too much "well I called you and left a
message last week" wiggle room, plus they'll see an opening to negotiate you
down.
The gig happens or it doesn't - either way we get paid. Period
If you have a hard time standing your ground on this, think of it this way:
These people booked you for a job, when you could have just as easily taken
the next job that came in. Even if it's the only gig you have that year, you
STILL could be doing something else. Last month, I cancelled a weekend trip
to do a club gig WITHOUT a contract, that got cancelled an hour before start
time. I didn't lose any money, but I was out a rare free weekend.
The other guys in your band could be doing the same. A lot of lives are
getting messed about because the event is nose-diving and they decide the
band is the most expendable. A few of these and no musician will return your
calls. F-that. You can bet you ass the caterer and the florist got a
guarantee. Why shouldn't you?
2) "Extra performance time beyond the above listed may be requested for an
additional fee of $x00.00 per additional hour".
I friggin HATE playing over, ESPECIALLY for free. AT LEAST someone should be
buying me shots... Because of this, I tend to set my "extra hour"
performance rate at roughly the price I quoted for the whole night. It's
what my friend calls a "fuck you" fee.
For anyone who asks us to play longer, I tell them to talk to the host. If
the host bites, I have them cut me a check, and we play. If not - thanks and
good night. Mostly we get to go home, instead of hacking through Proud Mary
again so the drunk brother in law can sing...
One gig I KNEW was going to be trouble - it was an Xmas party for
stockbrokers - So I quoted some ridiculous fee like $1000 per extra hour.
End of the night comes, host comes over and asks how much for another
hour.Without blinking an eye, I told him it was a grand, per the contract,
he whips out his checkbook and hands me a grand. The rest of the band almost
shit themselves - I don't know why; he DID sign the contract.
3) "Employer agrees to provide adequate space for set up and performance of
a musical group, and to provide adequate lighting and electrical outlets."
This one I actually got from Mr. Running, I believe. You would not believe
how this has saved my ass. It apparently never occurs to people that a
ELECTRIC GUITAR needs POWER to work. Plus, we've been spared several
awkward/idiotic setup locations - outside on a lawn comes to mind...
--
Check out my band, West Eats Meat http://www.myspace.com/westeatsmeat
My Homepage, Back By Popular Demand:http://www.jmsjazz.com
"I don't mean to sound bitter, cold, or cruel, but I am, so that's how it
comes out."
- Bill Hicks
"Brian Running" <brunn...@xxxxxxxxxxxxxxxxx> wrote in message
news:MM6_h.18438$Kd3.10973@xxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Here's an idea I just had while talking to Corey Benson, and I think
this could be useful to everyone here.
First step is a poll among those of you who use and have experience with
performance contracts -- what contract provisions do you find most
important, what real-world experiences have you had that led you to add
things to your contracts, what are your important pointers for contract
terms? Give us your cautionary tales, your told-you-so's, your morals
to the story.
Second, I compile the responses, convert them into good legalese, and
build a library of contract provisions.
Third, I put them into building-block form, where you can take a good
basic contract and then add appropriate sections to tailor the contract
to your particular application.
Fourth, we put the whole she-bang up on altguitarbass.com in
downloadable form, so you all can start using professional-quality
contracts for your bands.
Finally, I put legal disclaimers all over everything that says you can't
sue me for malpractice! ;-)
What do you think? If you're up for it, go ahead and post your input,
and I'll work on the rest.- Hide quoted text -
- Show quoted text -
Knew I was going to need to jump in early. I have nothing to add now!
John covered most of the bases I was going to hit.
The most important portion of the contract is the cancellation
portion, as far as I'm concerned. It's important that the buyer
understands that you did have other opportunities, and that it's not a
free ride if they cancel the wedding the night before.
#2 is the "when payment will be due" - I make weddings pay 50% up
front, non-refundable if they cancel after a certain date. Balance is
due WHEN WE APPEAR at the venue. I've had too many Fathers of the
Bride situations - "What do you mean you can't play Moon River?"
"We're a 70's rock band!" "Well, I'm not payin' unless'n ya do!"
The only other point I'd like to see mentioned would be the rain date
info. If it's an outdoor venue, it's not the BAND'S fault God decided
the flowers needed a drink, and the cancelletion should be at the
discretion of the people most likely to be electrocuted! (For those of
you playing the home game, that means the band!)
Thanks, B! You ROCK!
Corey
.
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