Musicians go into the marketplace with the assumption that it’s okay to get screwed their first time out. I can’t say that this is a completely erroneous assumption; when you’re just starting out in the live scene you’re going to be operating at a loss because your number one priority is getting out there and getting out there often. This not only means worrying about how you’re going to afford to tour, but it also means paying for equipment, gas, and other expenses related to playing live. It’s a business builder and a way to get your name out there; it’s true that there are dues you’ll have to pay while you’re developing your fan base.
But there are plenty of artists out there who months or years after they’ve started pulling in 100-500 fans a show still won’t see a dime. This can be for any combination of reasons and it happens on both a local and new-market level; either you feel you owe it to the venue that gave you your first “chance” and trust the proprietor to get around to paying you “when they can”; you’re playing at a new club or in a different area and they will act like they’re doing you a favor by letting you play there; the club owner/promoter can’t pay you because the headlining act actually did things properly as far as making sure to get paid, thus making it impossible for said promoter to pay you; or if we want to take an example from “Almost Famous”, the club’s equipment may get damaged during the show and they want to hold you personally accountable for that damage. In fact there are dozens of excuses why you may not get paid.
But at no point in your career should this ever be the case, and there are very few circumstances where you should feel comfortable paying to play. Here’s a checklist of things to keep in mind when touring and playing gigs:
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Get it in writing. Nothing is more important that having something in writing to show that a) you’ve agreed to play and b) the venue or promoter has agreed to pay, even if it’s a nominal amount or the expense of promotion. No matter how personal a relationship you have with the promoter or club owner, once you’ve agreed to provide a service you’ve entered into a business relationship. Being professional at the outset of your career sets a good tone for your future. No matter what make sure there’s a contract.
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Read the contract.
That being said, don’t sign anything blindly. A performance contract can range anywhere from 1-25 pages depending on the requirements of the promoter and the band’s rider. While you may never be in a position to demand a gallon of M&Ms with all the brown ones removed you will ALWAYS want to know what you’re signing. Typically promoters and club owners will have a standard one page agreement. They may have pulled it off the web or they’ve had their attorney draft it for them. Whatever the case you can be sure that they know what that contract says and it is weighted in their favor. -
Know what you need in your contract. This will vary based on the kind of leverage you have with the club owner, how many fans you can pull, and your clout or your agent’s/manager’s clout. A quick run through of what you should ask for, even if you’re new:
- Payment. Payment can happen in a few ways. You can get a flat fee, a percentage of ticket sales (percentage of the gate), a minimum guarantee if your gate percentage cut doesn’t hit a certain threshold, or any combination or variance of those options. When starting out the two most likely payment methods are nominal flat fee or percentage (small, say 20-30%) of the gate. If you’re not the headliner that percentage or flat fee may go down.
- Date and Schedule. Getting the right date is always important. So is knowing when you need to set up, when you can run a sound/line-check, and when you’re expected to go on.
- Right to Terminate/Force Majure. In many performance contracts you will be asked to sign, the only party with a right to terminate will be the venue/promoter. If you don’t show up you may be liable for breach of contract. If that’s the case there are a few things you should request: a) make the right to terminate bilateral. This means both parties have a right to cancel the show within two weeks, a week, or 30 days in the event of an emergency or a scheduling conflict; b) include a “force majure” clause so neither party is liable if the show can’t go on due to an Act of God (the venue floods, a member of your band gets hit by a bus, etc.); c) if the venue terminates without cause or if they terminate too close to the date of the show (making it impossible for you to book another show on that date), try to recover either your entire fee or a portion of your fee.
- Promotional Expenses. You need to determine who is responsible for promoting the show. If you’re getting paid a flat fee this is less of a concern for you, but if you’re getting paid based on a percentage of gate you want the venue to at least bear some of the cost of promotion, and if you’re not getting paid a dime your compensation should be the cost of promotion—why would you play for free if you’re not even getting publicity?
- Liability. Remember the Almost Famous example mentioned before? You need to take steps to protect your business and your assets in the event of an accident or injury. This means having a registered business entity like an LLC or Corp. that protects you from personal liability, and carrying small business insurance with liability coverage and equipment coverage. You also need to make sure that the agreement doesn’t make you liable for ALL accidents, claims, etc. arising while you’re at the venue. The venue/promoter should be equally liable for any injury/claims arising from their negligence or from unsafe conditions on their property. Bear in mind that many state laws require venues to maintain insurance and abide proper fire safety protocols, so if they say “no” on this you may not want to play there for your own personal health and the health of your fans.
- Details. Pay attention and make sure your names are spelled correctly if you’re signing as individuals, your band name is spelled correctly, the dates are accurate and the contract is signed by both parties. You’ll also want to check the jurisdiction in the unlikely event that someone sues over this—if the contract’s jurisdiction is New York and both you and the venue are located in Seattle there’s a good chance the promoter/venue owner pulled the contract off the net without checking these details. Don’t be afraid to point them out.
Being astute and diligent in everything you do in connection with your music will protect you in the long run. Don’t ask to ask and don’t devalue yourself at the outset—doing so makes it harder to take you and your music seriously.
