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In my posts, I will always provide something valuable through experiences I have been through. I believe if I went through something another person can learn from then I should share it. This is one of them but also one that could be damaging because this happened very recently and could affect the acting party if they saw it. If they do, I hope they can see the educational value since it is something I believe to be very important to share especially for those who are just starting out playing out live.
If the person booking you refuses to sign a contract then just assume that person was planning to screw you over. This isn’t the case with this particular situation but it is a good mindset to have.
A contract is a legally binding agreement and could be overwhelming to some but it is a standard in business practice. Contracts should even be used in personal life. If you are loaning someone over $100 it doesn’t hurt to sign a contract with that person to make sure you get the money back.
The contract I use for Cyber Groove is an 8-page document going over standard event requirements and expectations from the purchaser. All terms protect the artist and the promoter the same. At the time of writing this, I have been booking shows for 14 years so we have lived through experiences and have altered our contract to make sure those situations do not happen again. Yes, there are some things on the contract that would make someone think twice because these past experiences are a little out there, but how I see it, if you know what you’re doing as a promoter, are timely, organized, believe in quality, and treat people fairly then you shouldn’t have a problem signing a contract.
This promoter refused to sign the contract but didn’t tell me this, but told the artist this. I mention this just because an artist of mine probably has never read my contract from front to back so would not be able to offer any explanation or answer any questions. This promoter had an attorney look over the contract. The reason for the refusal was because of a number of terms that went over monetary penalties such as, if an artist wasn’t picked up from the airport on time, or if the equipment wasn’t working, and other things like that. An attorney or even a promoter should know that all contracts are amendable or can be slightly altered to allow everyone who is involved to sign in confidence.
What prompted me to share this experience is not much the refusal of signing the contract but more what the perception of a contract means to certain promoters. This is not the first or third time I heard this from promoters, it is a popular belief among small to mid-level promoters that hold them back from going into booking larger acts.
The thought process is the artist needs to be making well into the thousands of dollar range before a contract is necessary. Then more than that especially for local and regional acts promoters won’t sign a contract because the stature of an artist isn’t big enough in their eyes. Also, promoters find contracts and the agents pushing out these contracts a vehicle of career destruction since they believe others are like them where they would refuse to sign the contract so because of this you would not be able to obtain important shows to get you to the big leagues.
Does your brain hurt yet? Mine does.
I promise you contracts and agents are there to ensure everything is accounted for and the booking goes off without a hitch. An agent is a mediator of sorts between the promoter and the artist. Where we will be a little biased for the artist well being it is in our best interest to know the promoter is also in high spirits as future business relies on it. A contract makes sure all of this can happen, as one can always refer to the document to make sure everything is in balance.
So hold to your standard business practices musicians and agents, a contract should always be part of the process, even for local shows (if you’re performing for your affiliated crew or jumping on for a pick-up set then that would be an exception). Remind the promoter at refusal they can cross off certain terms and have them reviewed, if they continue refusing to sign then just be happy you lost that one. You were most likely going to get screwed.
Promoters learn to get used to these processes, music is a business, and the higher you grow in the industry the more business standards you will face. Other agencies require testimonials from other promoters and artists to show that you have a good reputation before doing business with you. Also, full payment would be required before a confirmation is put in place. So be lucky I just require a contract, deposits, and other confirmations up front.