Performance Contract for that band...

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Performance Contract for that band...

Post by @?,*???&? » Fri Sep 12, 2008 11:23 am

So your indie project just got done. You produced and engineered the independent, legitimate, release that will be the debut for the band. As the band hits the road, should they have a performance contract?

Here's a template. Let me know if you think anything is missing:




X Band Performance Contract

Appearance Agreement

This agreement is entered into on the _______ day of __________ 2008,

between X Band and _____________________ (talent buyer) representing ____________ (club).

Talent Buyer contact information:



Club Owner/Club Contact information:

________________________________________________________________________

X Band and the Talent Buyer/Club agree to the following terms:

Date of Performance shall be____________________.

Place of Performance shall be____________________.

Time of Performance shall be____________________.

Venue will provide all related P.A. equipment/sound system for the performance.

Performance shall be a. one set b. two sets c. three sets (circle one)

Breaks shall be ______ minutes in length.

X Band shall perform for the guaranteed amount of ______________ with no exceptions.

Payment shall be made directly to (band member) of X Band at the end of the evening and will be paid by ________________________ (Talent Buyer or Club Representative).

X Band shall be allowed to sell merchandise at venue and retain all proceeds from so doing.

Additional compensation from venue may be drinks and/or food for the band members of X Band.

If so, then each member will be allowed ______ drinks.

Please describe food accommodations if any:

_______________________________________________________________________

If venue is providing accommodations for X Band, please describe those accommodations:


________________________________________________________________________

Additional provisions if any:




I have read and agree to all terms as written in this agreement.

Buyer/Club Representative

___________________________________________________________________

Date

___________________________________________________________________

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Post by chris harris » Fri Sep 12, 2008 11:45 am

If they're touring, they should try to get a contract for each show... it doesn't always happen in small venues. What should be included on that contract depends heavily on how much demand there is for their band. If this band is relatively unknown, you can expect to see a lot of black marks through your contract.

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Post by chris harris » Fri Sep 12, 2008 11:48 am

I'm no legal expert... it looks like you've got most of the bases covered, though. and, then some! You should also consider offering an alternative to a guarantee, unless the band is already well known. Even if the band is well known, you need to provide the band an opportunity to beat the guarantee if they draw well.

for example: $250 guarantee vs. 40% of the door gross (whichever is higher)

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Post by DrummerMan » Fri Sep 12, 2008 12:55 pm

I'm no legal expert either, but in addition to what subatomic said, I'd think that you would want stipulations in case either side doesn't live up to their agreement, like: what happens if the band doesn't play a full set, or what if the club doesn't have the necessary PA or backline requirements when the band shows up? And while we're on the subject, I would think including a rider with detailed descriptions of the band's stage and personal needs would be on par for any situation where you'd actually use this type of contract.

just my thoughts
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Post by ledogboy » Fri Sep 12, 2008 1:46 pm

Also, rather than ask:
If so, then each member will be allowed ______ drinks.

Please describe food accommodations if any:
I would attach a rider with what their food and beverage needs are. Money is rough on the live circuit, demand food and drink. They may cross that section out before signing, but you are much more likely to get what you want by asking up front, rather that timidly hoping that a venue will accommodate your needs.

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Post by chris harris » Fri Sep 12, 2008 2:01 pm

ledogboy wrote:Also, rather than ask:
If so, then each member will be allowed ______ drinks.

Please describe food accommodations if any:
I would attach a rider with what their food and beverage needs are. Money is rough on the live circuit, demand food and drink. They may cross that section out before signing, but you are much more likely to get what you want by asking up front, rather that timidly hoping that a venue will accommodate your needs.
good call!

being on the road, I've also noticed that bands are much more likely to get a buyout if they approach the promoter and say, "We need our buyouts.", rather than asking something like, "what's the food situation?"

Better to have it in the contract, though...

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Post by jv » Fri Sep 12, 2008 2:32 pm

And if you're looking for an example for a rider, here's a good place to start:
http://www.thesmokinggun.com/archive/10 ... ypop1.html
:D

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Post by Jay Reynolds » Fri Sep 12, 2008 3:47 pm

jv wrote:And if you're looking for an example for a rider, here's a good place to start:
http://www.thesmokinggun.com/archive/10 ... ypop1.html
:D
That thing is the best! Seriously, though, if you want to make sure someone reads your rider front to back, make it entertaining.
As far as making sure your bands have paperwork, big +1. Just realize that the threat of legal action isn't the factor that is going to enforce your contracts. Its the threat of loosing a relationship with an agent. If the talent buyer doesn't care about you and your roster, good luck.
Prog out with your cog out.

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Post by cgarges » Fri Sep 12, 2008 10:15 pm

Rain clause.

Deposit scenario. What happens when gig is cancelled? Before the band travels to the venue? When the band is in transit? After the band arrives? After the band sets up? During the performance (power outage, fire marshall, etc.)?

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Post by Gentleman Jim » Sun Sep 14, 2008 8:40 am

So I spent a good deal of time as a club level tour manager waaaay back in the last century. I've kept up on some stuff, and what I would say is that you should lose a couple of items, (the number and length of sets should be stated, not asked or suggested.), add a one page stage plot/input list, and a humble half a page hospitality rider.

Here's what I always found about hospitality riders in the small club/bar scene: whenever the band had a large rider I had more trouble with promoters about any of it. I worked for a few 'baby bands' who had big time management, and what would happen was the assistant in the office would simply take a rider from some theater-sized act, change the name at the top, and send it on. This would make it look to the club like I was working for a bunch of idiot prima donnas, and I would have to spend 10 minutes during advance going over the 3/4ths of the rider that I wanted omitted.

I would recommend to a small touring band something like:

"If the venue has a kitchen on premises, we would like hot meals for X people. X of us are vegetarian, X are meat eaters, and X of us are vegan. If the venue does not have a kitchen, or if dietary requirements can't be met, then we require a meal buyout of $X per person to be paid to the band's representative after sound check.

If the venue is a bar/nightclub, we would like X complimentary drink tickets, in addition to unlimited complimentary non-alcoholic drinks, i.e. juice, bottled water, soda.

If the venue is not a bar/nightclub, we would like (1) case of X beer, (12) bottles of spring water, (12) cans of X soda.

X clean, unsmelly towels for stage would really make us happy and remember you fondly."


There you go. This could easily fit at the bottom of the first page, under the terms. This also has the advantage of being more difficult to 'misplace.' Keep in mind that this is not the Enormo-Dome, you are not Motley Crue, and very few people here know or care who you are. It's not their job to get you wasted, it's not their job to hunt down your favorite esoteric brand of herbal tea, and you only look like an ass for asking for a $500 hospitality rider in the first place.

cgarges wrote:
Rain clause.

Deposit scenario. What happens when gig is cancelled? Before the band travels to the venue? When the band is in transit? After the band arrives? After the band sets up? During the performance (power outage, fire marshall, etc.)?
Well if you're going to bring up the idea of disputes, you have to bring up what legal venue the dispute would be settled in. Let's be honest, if you drive from Detroit to Louisville and the show is canceled, you're not exactly in a good position to get paid whether there's a piece of paper that says so or not. You're either going to get paid, (because the promoter is an empathetic person at that moment), or you're not. Are you really going to sue them for not honoring the power outage clause of your contract and stiffing you for $300? As it pertains to this level of touring, I would leave out anything that makes it look like you're lawyering this to death.

superaction80 wrote:
Just realize that the threat of legal action isn't the factor that is going to enforce your contracts. Its the threat of loosing a relationship with an agent. If the talent buyer doesn't care about you and your roster, good luck.
a BIG +1. I've been on both sides of this.

And last but not least, don't let the contract be the last the club hears from the band before the show. There should be discussion about what the band/label/management can do as far as promotion, (posters to venue and local record stores, call local radio stations/weeklies/dailies for preview opportunities, make an email flyer for the club/promoter to send out to their list, contact local bands asking if they'd come down to discuss trading gigs in your town for more gigs in that town), and of course you'll advance the show a week or two out, right? That way you show the club that you're not just some more jokers who are here today, gone tomorrow, never to be heard from again.

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Post by cgarges » Sun Sep 14, 2008 8:57 pm

Gentleman Jim wrote:cgarges wrote:
Rain clause.

Deposit scenario. What happens when gig is cancelled? Before the band travels to the venue? When the band is in transit? After the band arrives? After the band sets up? During the performance (power outage, fire marshall, etc.)?
Well if you're going to bring up the idea of disputes, you have to bring up what legal venue the dispute would be settled in. Let's be honest, if you drive from Detroit to Louisville and the show is canceled, you're not exactly in a good position to get paid whether there's a piece of paper that says so or not. You're either going to get paid, (because the promoter is an empathetic person at that moment), or you're not. Are you really going to sue them for not honoring the power outage clause of your contract and stiffing you for $300?
I might or I might not, but I'd rather have everyone on the same page about what's supposed to happen than have it nebulous, especially with travel involved. I got rained out of a gig that was an hour and a half away from my house last week. We didn't play, but since we drove down there, we got paid half because that was the agreement. I doubt I would have gotten that had it not been in the agreement. That's happened to me more than once and I don't think I've ever had a club owner stiff me when there was a contract.

In any case, if a promoter or club does something in exact opposition to a written agreement, I have no problem making all kinds of noise about how I got stiffed. I wouldn't feel so great opening my mouth about it if there was no specific agreement to begin with.

Chris Garges
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Post by arkestra » Mon Sep 15, 2008 8:24 pm

big ups gentleman jim. I am on the other side of this every day from bigtime to nothing and this is exactly what I would want to see from 90% of bands. word.

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