Foursticks
Tiger Talk Pro
Reged: Feb 19 2003
Posts: 1015
Loc: California
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Up until now my band has had verbal agreements with the clubs and bars where we have been gigging. But now two of our regular gigs, a dance club and a casino, each want to book us once a month for each month next year, and the owners want us to sign written contracts. The problem is, neither one has any kind of written contract form, and both have suggested that we come up with something. I've looked at several sites on the Web and the standard forms that I've been able to find seem to be very complicated and have more to do with recording contracts than a simple business agreement. We may end up designing our own contract. Anybody got any suggestions or comments? Or better yet, a sample of a contract form you've been using? Thanks.
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Ratamatatt
Tiger Talk Pro
Reged: Jul 02 2003
Posts: 2236
Loc: Arrakis
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Following is an excerpt off of AFM's (American Federation of Musicians) website:
Free Music Contracts
Free music contracts are available to AFM members. That's where being a union musician has its advantage. Your local supplies them. Use these free music contracts. Get that name on the dotted line. Then when you show up for work, you have some recourse if the lights are out, or they didn't remember they booked you.
The AFM has free music contracts for recording, pension, club gigs, touring, and more.
What’s even better about these music contracts, is that the AFM is your representative. Non-AFM members would have to hire an attorney and wait for possibly years when a music contract is broken by an employer. AFM members, however, have the power of a strong union to take charge when music contracts are broken.
If you want more information about the free music contracts that AFM members use, call us at 1-800-ROAD-GIG or e-mail us at info@afm.org.
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SteveG
Tiger Talk Pro
Reged: Feb 06 2003
Posts: 199
Loc: NJ
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Don't dismiss the fact that the AFM will have their hand out wanting their cut of the gig money once you become members. It is a double-edged sword becoming a union member.
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Ratamatatt
Tiger Talk Pro
Reged: Jul 02 2003
Posts: 2236
Loc: Arrakis
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quote:
Originally posted by SteveG:
Don't dismiss the fact that the AFM will have their hand out wanting their cut of the gig money once you become members. It is a double-edged sword becoming a union member.
I don't know what the union fee is, but, I would rather pay a reasonable fee (assuming it's reasonable) than take the chance of getting stiffed by a crooked club owner.
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Foursticks
Tiger Talk Pro
Reged: Feb 19 2003
Posts: 1015
Loc: California
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Thanks to both of you for your observations. I've also thought about the union fees issue, and I don't think my band makes enough gig money to justify sending a cut to someone else (plenty of money already goes to covering our expenses). Besides, I was in a union once before (not related to music) and I paid my dues regularly. But the one time I needed the union's help to deal with some legal/employment issues, I was turned down, so I have to say I'm not too crazy about unions. I've only been stiffed once by a club owner, when she stupidly forgot she had already booked my band and then booked another for the same night. She ended up paying both bands - us for setting up and playing for two hours instead of four, and the other for playing after we broke down our gear and left the club. I think I'll start to work designing a contract form. Thanks again for your comments.
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drummerstar
Tiger Talk Pro
Reged: Jun 10 2003
Posts: 74
Loc: Texas
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To be honest, you do not need a "Contract Form".
What you guys can do is simply draw up the contract yourselves. A contract is simply a buisness agreement between parties. It's a great thing that the club owners gave you guy's so much bargaining power. Most of them don't do that. So what you should do is:
1. confirm the dates, times, and venues (in writing stating that these are the dates times and venues you to perform. Also state that you are to be paid no matter what happens because the dates are confirmed on your on your schedule)
2. Pay (state what you are to be paid. I don't know if it's flat fee or if you guys are paid by what's made at the door but how ever, make sure it's spelled out exactly how and what you are to be paid and not a penny less. (it's not personal just buisness)
3. Make sure you have all your questions answered before you draw up the contract so there will not be any misunderstandings.
These should get you started but make sure you get additional feedback from the other band members so you'll have everything covered.
I hope i've helped you in some way. Good luck with everything and congrat's for getting consistant gigs as such........
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Foursticks
Tiger Talk Pro
Reged: Feb 19 2003
Posts: 1015
Loc: California
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Thanks, Drummerstar. What you describe is pretty much what I was thinking of, and also looking for. Since my last post I've started to draw up an agreement, or contract, that is pretty close to your description of a business contract. I'll be taking it to rehearsal tonight to get the other members' feedback before I finalize it. Thanks again.
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drummerstar
Tiger Talk Pro
Reged: Jun 10 2003
Posts: 74
Loc: Texas
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No problem! Anytime! Just promise to kill em dead everytime you play so instead of playing once a month for the year it will be two or three times a month for the next year. Also since you guy's are getting into contracts remember to always maintain a certain level of professionalism. Trust me, if you're not handling yourselves in a professional way, you will not get the respect you want for the gift of music you have. I know this has nothing to do with your original post but thought it would be helpful. You guy's stay strong and keep playing!!!!
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Titania
Tiger Talk Pro
Reged: Oct 14 2002
Posts: 80
Loc: Okinawa, Japan
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One more suggestion to tack onto Drummerstar's list is the question of insurance and liability...
If something happens to your equipment during setup, performing, breakdown, who covers it? For example, what if there is a fire?
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Foursticks
Tiger Talk Pro
Reged: Feb 19 2003
Posts: 1015
Loc: California
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Good point, Titania. In my case, all of the musical gear that I own - drums, PA, etc. - is covered by my Homeowner's insurance, and the trailer that I haul band gear in is covered by my auto insurance. I don't know about the rest of the guys and their gear; guess I better ask them. I'll also have to talk to the various club owners as well.
Meanwhile, I've drawn up a contract that includes such things as dates and times of gigs; number and length of sets; pay (all important!); any extras like meals or motel rooms; and a cancellation clause. Our next gig is Dec. 26-27 and it's at one of the clubs that wants to book us for each month next year, so we'll find out then what the club owner thinks of my little form. Wish us luck!
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