Re: An amusing gig story...

js <NOSPAM@xxxxxxxxxxxxxxx> wrote:

All of which is moot, because no sane person would sign a contract like that
to begin with. Right?

Huge companies sign contracts with penalty clauses - usually for non
completion or late completion. Those companies aren't insane to do so.

A penalty clause has much value, it's intended to guarantee that the
contractors turn up and fulfill their obligations at the required time.

We're looking at this from the point of view of contractors are
generally in the position of having work cancelled on us at the last
minute. However, let us put ourselves in the position of the person
holding the party.

If, in the past, he's had a band not front up to one of his parties, or
been at an event where the band didn't show, then a penalty clause may
be the most reasonable way of guaranteeing that the band shows up.

Coupled with the 'no change of personnel' clause it's ridiculous. In
and of itself a penalty clause is not at all ridiculous, and quite
commonplace in many industries including the entertainment industry.

If 'The Police' split up half way through this re-union tour do you
think the promoters downstream are just going to say "hey, it's only a
band, no biggy"? No. They're going to enact the penalty clauses in the
contract, and then everybodies insurance companies will get involved -
because management companies, promoters and venues all have insurance
policies to cover this possibility.

In fact, in that specific case, the promotors would be justified in
having a 'line up must include the following musicians' clause.

--- Derek

--
Derek Tearne - derek@xxxxxxxxx
Many Hands - Trans Cultural Music from Aotearoa/New Zealand
http://www.manyhands.co.nz/

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