Gig Contract
by Ben McLane, Esq.
For musical artists that perform in clubs,
especially artists that intend to tour, the best
form of protection is a "performance
agreement" ("agreement") between the artist
and the club. It is not always possible to get
a club to sign an agreement. However, it is
worth requesting. Having your own ready-
made agreement to present to the club will
ensure some comfort that there is proper
payment, etc. Such an agreement is
imperative if the musician is traveling out of
town for the gig.
A performance agreement should contain the
following provisions:
Place Of Show
Date/Time And Length Of Show
Wages - It is best to get a "guaranteed" fee
agreed to in advance. This is generally paid
1/2 at some time prior to the show and and
1/2 at the gig. Sometimes there is a
guarantee, plus a percentage (or else just a
percentage alone). It is important to specify
what the percentage is based on and how it
is calculated. Is it a percentage of ticket
sales? Is it a percentage of the door? Is it a
percentage of the bar? Is it based on gross
or net (after expenses) receipts? If the deal
with the club is for a percentage of the door,
put a friend at the door with a clicker
counting people coming in. Stipulate in the
agreement that there are no free entries for
anyone (unless they are part of the music
industry) if they are not on the guest list.
Sound/Lights - Make sure the agreement
specifies who provides/pays for the sound
system (PA) and the sound operator, as well
as when/if there will be a sound check.
Also, specify who provides/pays for the
lights and light operator.
Insurance - Although this is often
overlooked, it is important that the club have
a liability insurance policy in place which
covers the artist's performance so that if
some injury occurs in relation to the show
on the premises of the club, the artist is not
liable.
Cancellation - From the artist's perspective,
if the club cancels, it should pay the artist a
specified amount of damages (preferably the
guarantee).
There are some other points that can be
covered such as promotion/advertising
commitments of the club, allowing the artist
to sell merchandise at the club, etc. Above
all, make sure the club signs and dates the
agreement.
By entering into the above agreement, the
artist will find that there are less hassles
because there is certainty as to what is to
take place and how the artist gets paid.
Although there is always the possibility that
a club might renege, at the very least, the
agreement offers some form of legal
protection.
Copyright 1998, Ben McLane
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11135 Weddington Street, Suite #424
North Hollywood, CA 91601
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