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Club date contract "how to"

6K views 13 replies 6 participants last post by  BarrySachs 
#1 ·
Since I stumbled across a thread that supposed there would be questions about contracts and such, I guess I'll ask mine:

I'm doing more and more club dates as I meet more people, and I've been contracted to hire a band for one for the first time. I know what I want as far as pay, meals, provisions for the client pulling out at the last minute, etc., but I'd like to know from you band-leaders on SOTW: what's a normal schedule for deposits/payment from the client? I know several people I could ask in person, but I feel like it's kind of prying into their business affairs in order to, in effect, set myself up as their competition, so I've refrained from doing that so far. Thanks in advance.
 
#2 ·
I would say this is something that completely depends on the circumstances.

  1. if we are talking a big show, then it would be most reasonable to require up to 30 days or more in advance. This is becuase you would potentially have a lot at stake, that you are sacrificing in reliance to their assent to the bargain that you've created - you play, they pay. if they don't pay that far in advance, or don't want to agree to that length of time, then you could drop the contract without suffering any substantial detriment.
  2. If we are talking a very small show, then perhaps payment the day of the gig would be reasonable under the circumstances. You wouldn't have too much tied up in reliance to the gig, and it wouldn't be reasonable for the client to pay for such a small gig 30 days in advance - if it is so small, they may need to reserve the right to cancel just before the gig.
  3. There would also be something in the middle.

The quesiton should be: what is reasonable under the circumstances. Also, keep in mind that one of the ideals behind the classical theory of contract law, is that the parties entering an agreement have negotiated to reach the bargain. Be willing to negotiate with the client. Be open, and willing to amend the contract, and bargain!

Obviously - a disclaimer comes now:

My postings regarding legal issues are not to be interpreted as legal advice. This is merely my own interpretation of how the law MAY function. Please remember, at this point, I do not have a license to practice law. legal information is not the same as legal advice. I recommend you consult a lawyer if you want a professional opinion as to what is appropriate to your particular situation.

My postings, and your reading of those postings do not establish an attorney-client relationship. As such, I do not intend for you to rely on my postings in any way, or to view them as anything other than my personal guess as to the outcome of a particular legal issue.
 
#3 ·
For weddings and private parties I charge the client $500 per man and I pay the cats $300. For Saturday night, charge $600 and pay the cats $400. Add $100 per man for pre-heat/ceremony and pay the $75 per/hr. This is for the standard 4-hour local job.

Include in your contract that the musicians get a "hot meal", no "bandwiches". Also, try to get the venue to serve the musicians first, this way you're ready to provide dance music when the guests are done eating.

If you need to have insurance for the venue, you may want to consider going through "Go Legit Inc.". It is a payroll service through the AFM at local 802. Go Legit will become the "employer of record and pay the musicians on a union contract and make pension and health contributions. They take 20% of gross wages, so build in an overage to cover those costs.

I take a 50% non-refundable deposit to secure the date and get the rest at the end of the gig. I also put in a clause that secures the balance of the full fee if the job is cancelled within 14 days. Two weeks notice is too short a time to get another gig, so I pay the musicians in full if ever a job is called off within a fortnight. So far, I haven't had any cancellations, but you never know.
 
#10 ·
Naw, it's easy. Just get some burly IATSE flymen or a block and fall. I know plenty from local 1 in NY that could do it. Nothing could be easier.

Trust me.
 
#12 ·
I am ashamed to admit that I borrowed and thoroughly enjoyed a Justin Timberlake live DVD several years ago. He did fly down to the stage, and it was just about as hip as could be. The band was ABSOLUTELY KILLER, and the show aspect was the best I've ever seen. Justin was on point, to. Regardless of what you think of his "job," there's no doubt, that cat is GOOD at it!
 
#13 ·
Garth Brooks used to have a flying rig for his show, too. He's great!
 
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