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Conference mr1pst::music

Title:MUSIC V4
Notice:New Noters please read Note 1.*, Mod = someone else
Moderator:KDX200::COOPER
Created:Wed Oct 09 1991
Last Modified:Tue Mar 12 1996
Last Successful Update:Fri Jun 06 1997
Number of topics:762
Total number of notes:18706

228.0. "Contract anyone?" by DREAMN::MELENDEZ_M () Wed May 20 1992 18:50

    Any one have a standard contract for gigs? I am sure this
    question has been asked before. If you which note, tell me.
    I'll delete this note.
    
    It would be nice if it is something simple in words that
    every day people (Is that a song?) can read and understand.
    
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228.1RAVEN1::JERRYWHITEHey you're pretty good - NOT !Wed May 20 1992 23:465
    I'm sure there's one in CVG::GUITAR somewhere ...
    
    Simple words ?  In a contract ?  Surely you gest ....
    
    Jerry
228.2Our basic form...AIMHI::KELLERI am not a number, I am a free manThu May 21 1992 10:08124
We generally use some variation of the following contract. Clauses may be 
added or deleted as deemed necessary...

Geoff








	THIS CONTRACT for the personal services of the musicians on the
	engagement described below, made this _________ day of ________
	19___. Between the undersigned Purchaser of music (herein called
	'Purchaser') and _____ musicians and _____ road crew (herein
	called 'Artist').

	The musicians are engaged severally on the terms and conditions
	on the face hereof. The leader represents that the musicians 
	already designated have agreed to be bound by said terms and 
	conditions. Each musician yet to be chosen, upon acceptance,
	shall be bound by said terms and conditions. Each musician may
	enforce this agreement. The musicians severally agree to render
	services to the undersigned leader.

	1)  Print name of band _________________________________________

	2)  Complete address of place of engagement_____________________
	    ____________________________________________________________

	3)  Date(s) of engagement ______________________________________

	4)  Number of sets _____________________________________________

	4a) Starting and finishing times of engagement ________________

	5)  Wage agreed upon for each day of performance _______________
	    ____________________________________________________________

	6)  The Purchaser will provide a deposit equal to 50% of the total
	    payment on or before_________________________________________

	6a) The Purchaser will make the remaining payment to the Artist in 
	    cash immediately upon completion of engagement.

	7)  The Purchaser is required to pay the Artist the wage agreed 
	    upon in full on or before the date specified. Should payment
	    be late or incomplete, the Purchaser will be required to pay
	    the wage agreed upon plus 10% to the Artist.

	8)  Should the engagement be canceled by the Purchaser within 
	    fourteen(14) days of the scheduled engagement the Purchaser 
	    will be required to pay the Artist one half(�) of the agreed 
	    upon wage.

	8a) Should the engagement be canceled by the Purchaser within 
	    fourteen(14) days of the scheduled engagement and the agreed 
	    upon wage is a percentage of the door the purchaser will be 
	    required to pay to the Artist three hundred dollars($300).

	9)  Purchaser hereby agrees to reimburse the Artist for the cost
	    of replacing any and all musical instruments, lighting,
	    and/or sound equipment owned or in the possession of said
	    Artist, and damaged or stolen during the engagement of the
	    Artist. Pursuant to this agreement, by any customer, visitor,
 	    agent, employee, or other person of Purchaser exclusive of
	    the Artist his or herself. Said payment shall be made to the
	    Artist immediately upon representation of replacement costs
	    to Purchaser







	10) The Purchaser will make the place of engagement available to 
	    the Artist at least three(3) hours prior to the start of the 
	    engagement.

	11) The agreement of the Artist to perform is subject to proven
	    detention by sickness, strikes, adverse weather conditions,
	    acts of God, or any other legitimate condition beyond the 
	    control of the Artist for which the Artist will not be held
	    responsible for any loss incurred by the Purchaser as a
	    result thereof.

	12) The Purchaser agrees to allow the Artist to make recorded
	    copies of the engagement for the personal archives of the 
	    Artist.

	13) The Artist shall determine the musical material to be 
	    performed so long as such material is in keeping with the
	    general entertainment policy of the Purchaser.

	14) The Purchaser shall determine the volume of the performance
	    and the Artist will exert his/her best efforts to maintain
	    the volume at the level determined by the Purchaser.

	15) The Artist will be permitted two(2) guests per performing
	    band member plus two(2) guests for the manager/booking
	    agent of the Artist.

	16) The Purchaser shall provide all food and beverage to the 
	    Artist free of charge.

	17) This constitutes the sole, complete and binding agreement
	    between the parties hereto.

	18) The parties signing this contract must be at least 18 years
	    of age.


	Print Purchaser's Name		Print Leader/Manager Name

	
	______________________		__________________________

	
	Signature Of Purchaser		Signature of Leader/Manager


	_____________________		___________________________
228.3A joke right?MYBALL::MOYLANGravity, it's the LAWThu May 21 1992 12:138
	This gotta be a joke contract.  I especially liked item 16)...free food
and drink, ya right!


That's a good one  :^):^):^):^):^):^):^):^):^):^):^):^):^):^):^):^):^):^)

kevin
228.4It works for us...AIMHI::KELLERI am not a number, I am a free manThu May 21 1992 14:2823
>          <<< Note 228.3 by MYBALL::MOYLAN "Gravity, it's the LAW" >>>
>                               -< A joke right? >-
>
>
>	This gotta be a joke contract.  I especially liked item 16)...free food
>and drink, ya right!
>
>
>That's a good one  :^):^):^):^):^):^):^):^):^):^):^):^):^):^):^):^):^):^)
>
>kevin


Most places we don't get free food, but you'd be suprised how many will give 
free drinks. It doesn' hurt to ask. Remember that contracts can be negotiated 
and the more things that you have that you are willing to bargain on the more 
things you can get through that you really want/need (ie: insuring the saftey 
of equipment)

Also, like I stated this is a general contract. Depending on the club, 
theatre, party, things get added or deleted.

Geoff
228.5protects everyone form getting ripped off .BRAT::MATTHEWSDEAth StarThu May 21 1992 18:3911
    anyone who play , (unless they are charlie farren)
    
    should** have a contract to fall back on. We lost 200.00 two years
    ago becasue *someone siad they told us such and such a price, we had
    paper and signature, he had to honor it
    
    
    		wendy o'
    
    
    
228.6DECwrite version of a contractCUPMK::DUBEDan Dube 264-0506Tue May 26 1992 14:225
I've got a sample contract in DECwrite that anybody's welcome to copy.

    CUPMK::USER4:[DUBE]CONTRACT.DOC

-Dan
228.7SMURF::LONGOMark Longo, USSGFri May 29 1992 16:4420
	I copied and read the contract.  Not bad.  I especially liked the part 
about minimum stage size. I haven't used that before but will in the future, I
hate showing up at a gig without enough space to move.

	Also, odd as it may seem, I have often used the clause about free food 
and/or drink for function gigs such as company parties or weddings.  A gig I
played last fall was indignant that the band helped themselves to the open
bar and buffet till I politely showed them my copy of the contract.

	Another useful feature in contracts is either an up front deposit
non-refundable except under explicit circumstances or a guarateed price in 
case of cancelation due to weather, etc. (especially for outdoor gigs).

	Also, has anyone ever used a contract for a Club gig?  I've always 
assumed they wouldn't sign one, but I have lost more than one gig due to 
double booking by the club owner (who hasn't??).


	Mark
228.8Use contracts!CUPMK::DUBEDan Dube 264-0506Mon Jun 01 1992 13:5615
Mark,

I won't play a club unless they have signed a contract. Usually, if 
the gig is booked with an agent, the agency has a standard contract 
that must be signed by both the club owner and the band leader.

Don't use an agent that "doesn't believe in contracts" or "uses a 
confirmation letter instead" - take it from someone who's been burned 
in the past!! (I won't name names in this notes file, but I have 
learned who to avoid and who to use in the NH/MA area.)

Even better advice (in my opinion) is to avoid agents whenever 
possible and book the gig yourself. Just make sure to use a contract.

-Dan