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Band Member Performance Contracts - Does every member sign ?

mboogiemanusa

mboogiemanusa

Mar 6, 2009
538
13
Ventura CA
#1
This question for Band Leaders - do you make every musician sign a performance contract for the big money shows?

My bar cover band has graduated up to the bigger Festival and Wedding gigs with larger paydays.
We have been using standard band contracts with clients but usually only a representative (band leader)of the band has been signing these contracts. Recently we had a high dollar out of town Wedding on the books for 6 months. 2 weeks before the Wedding ....our drummer's wife decides she wants to go to Palm Springs for the weekend so he flakes and tells us we need to use a sub. This caused us to have to scramble to find a sub and spend extra money in a rehearsal studio which increased our expenses.
I am thinking about creating an extra Band member performance contract for each member to sign for the big money gigs so everybody has skin in the game. This probably won't stop having to use subs but at least I would like the reason to be medical and family emergencies. Anyone else use any kind of similar band performance contract to lock in dates with individual band members and musicians?
 
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#4
I've been in a corporate band for 7+yrs. We do VERY well and I'm extremely grateful for it. I've never signed anything and we've had to use subs at the last minute. The trick is to build your network of musicians. This does a couple things. 1) Gives you options for last minute sub needs 2) The guys in the band know if they abuse the "hey I can't make this gig" then there are guys out there ready to take their place. Remember, it always works itself out. You focus on always doing the right thing and set that example. The others will follow
 
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#5
jeffbrewer said:
I've been in a corporate band for 7+yrs. We do VERY well and I'm extremely grateful for it. I've never signed anything and we've had to use subs at the last minute. The trick is to build your network of musicians. This does a couple things. 1) Gives you options for last minute sub needs 2) The guys in the band know if they abuse the "hey I can't make this gig" then there are guys out there ready to take their place. Remember, it always works itself out. You focus on always doing the right thing and set that example. The others will follow
Click to expand...

Some good advice......
 
#6
jeffbrewer said:
You focus on always doing the right thing and set that example. The others will follow
Click to expand...

^ That.

In my last project we shared the business end of things, but only one person ever signed any contract. If everyone acts professionally, then there are no problems. If not, time to find more reliable people to play with. Of course people do have to bail on gigs from time to time, but I'm not sure Palm Springs is a valid reason.
 
#8
If it is reasonable for you to be representing your band, then it is OK for only you to sign - from the venue's point of view. It is a legal document.
From your bands' point of view -- you may need to have some written agreement between you that you can obligate the entire band. If you have done this several times than it can be implied as giving consent. A written agreement is always best, however, should there be any future issues.
 
#9
What do you gain? I mean, if you had to enforce the contract, what would you salvage? A few dollars you would likely spend more on trying to collect than actually collecting?

Initially you would have to jump through the same hoops of finding a sub, extra rehearsals, etc., even if you had a performance agreement in place. Realistically, do you think you'll make this guy change his plans by waving a piece of paper in his face?

I agree with the above - develop a network of subs you can rely upon if the need arises and get rid of unreliable dead weight.

I'm sure performance agreements have a rightful place, but in a small band with regular members - I don't know how effective it would be.
 
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#10
Wow! I'm surprised nobody has said "Fire the drummer!" so far. But early days yet... I guess I'm the first! :)

If you've had a paid gig (high end, or not) on your books for 6 months, or even less once it's confirmed, then in my opinion, anyone who bails at short notice is really letting you all down and needs a much better reason than the wife wants to go to Palm Springs, for doing so. It's all about honouring your comittments and you just don't do that, you know? I mean, why didn't he say, let's leave it a week and take some extra spending money... Or, just tell her he's sorry but he's made commitments already? If Mrs Drummer can't see that's how it needs to be, well, that's fine, but then he needs to know you're now looking for someone who can commit to your business.

Because, if you're doing corporate/weddings then you're at least semi-pro, and and you need to act like it's not a hobby for you any more. Perhaps, now's a good time to remind the rest of the band that you have to be on a different footing now, and get them to agree their commitment to your collective business too? Though I don't think there's much to recommend signing contracts... that would kinda suck the soul out of it for me.

That said, of course all sorts of things can, and do, happen and you need to be ready to get a sub, or even sub band, at very short notice if you seriously want to be successful in the corporate/wedding business. If you can't, then you're not serious players and, you've no right being there because you're potentially putting the event/nuptials at risk, based on whatever your drummer's excuse is next time... You DO know there's going to be a next time, right?

Do you want to take the risk of telling the bride she's got 2 weeks to find a new band, that'll do the song list you've agreed? Call me intuitive, but I can tell you, she ain't going to want to hear that! Hey, tell you what, why not ask the drummer's wife how that would play out if it was her wedding? ;)

If Corporate/wedding business is really what you're serious about, then it's simple - You. Can. NOT. Ever. Bail. EVER! Unless you're all at death's door; in which case it goes: "Hey Miss X, really sorry, but I've had to put another band in for your event, in our place, because we're all dying from Ebola... they're familiar with your set-list and they're top-notch. Usually they cost a bit more, but we'll cover the difference."

$0.02
 
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#11
mboogiemanusa said:
I am thinking about creating an extra Band member performance contract for each member to sign for the big money gigs so everybody has skin in the game. This probably won't stop having to use subs but at least I would like the reason to be medical and family emergencies. Anyone else use any kind of similar band performance contract to lock in dates with individual band members and musicians?
Click to expand...
If you can't get band members to show up for big money gigs, you have a problem.
 
#13
jeffbrewer said:
I've been in a corporate band for 7+yrs. We do VERY well and I'm extremely grateful for it. I've never signed anything and we've had to use subs at the last minute. The trick is to build your network of musicians. This does a couple things. 1) Gives you options for last minute sub needs 2) The guys in the band know if they abuse the "hey I can't make this gig" then there are guys out there ready to take their place. Remember, it always works itself out. You focus on always doing the right thing and set that example. The others will follow
Click to expand...

This. No need for hyperbole and hysterics. It's a business, and as a successful business owner one must be prepared for any contingencies that may arise. The reason the drummer can't be there is really a non-issue, as you'll need a substitute anyways in his absence. Build up a network of reliable subs so that when it does happen that someone can't make it you'll have options. That way you remove the stress and emotion from the situation. As mentioned above, if it happens continually you'll have other musicians to replace him, permanently if needed. Just don't get stuck in the blame game and emotional tailspin of making the guy choose the band over his wife. We all know how that discussion will go...
 
#14
Renaissance said:
What do you gain? I mean, if you had to enforce the contract, what would you salvage? A few dollars you would likely spend more on trying to collect than actually collecting?

Initially you would have to jump through the same hoops of finding a sub, extra rehearsals, etc., even if you had a performance agreement in place. Realistically, do you think you'll make this guy change his plans by waving a piece of paper in his face?

I agree with the above - develop a network of subs you can rely upon if the need arises and get rid of unreliable dead weight.

I'm sure performance agreements have a rightful place, but in a small band with regular members - I don't know how effective it would be.
Click to expand...

The point of a contract is not so much to be able to sue when it's breached. The point is to make sure that everybody is clear about what's going to get done. Signing your name on a contract is, and should be, taken a lot more seriously than just saying, "Sure, I'll do it." Signing a piece of paper should make anybody stop, think, read and understand what's being signed, and make sure that it's what you want to do.

Every bit as important as contracts with outside parties is the contract, written or not, among the band members. Everybody needs to be clear about what is expected of everybody. If the within-the-band agreement is that "X" has authority to make contracts for the band, everybody is responsible for having their instrument covered (by self or a sub), etc. then everybody knows what to expect. If somebody can't or won't consistently do what they've told everybody else that they will do, the band needs to do what the band needs to do.
 
#15
As a sideman, I rarely have to sign a contract, and when I do, it's usually because of some business snafu. For instance I played a background music gig at a nearby Whole Foods store, and they required each player to sign an individual contract plus provide our social security numbers so we could be treated as "vendors." I think they had simply never hired a band before.
 
#16
I think reasonable expectations are just that - reasonable. If OP's drummer is going to #$&% the band like that, his name on a piece of paper is not going to change anything. No one should have to tell anyone else that when there is a gig, unless it is an emergency, you are there, or you get a prepared sub without the band having to scramble.
 
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#17
JohnMCA72 said:
The point of a contract is not so much to be able to sue when it's breached. The point is to make sure that everybody is clear about what's going to get done. Signing your name on a contract is, and should be, taken a lot more seriously than just saying, "Sure, I'll do it." Signing a piece of paper should make anybody stop, think, read and understand what's being signed, and make sure that it's what you want to do.

Every bit as important as contracts with outside parties is the contract, written or not, among the band members. Everybody needs to be clear about what is expected of everybody. If the within-the-band agreement is that "X" has authority to make contracts for the band, everybody is responsible for having their instrument covered (by self or a sub), etc. then everybody knows what to expect. If somebody can't or won't consistently do what they've told everybody else that they will do, the band needs to do what the band needs to do.
Click to expand...


I agree with you completely - everyone in the band should know what is expected of them and what they can expect from their bandmates. However I didn't read the OP's comments that way. He said he was thinking about a performance contract just on high dollar gigs so that everyone would have some skin in the game. The slummer, I mean drummer ditched the band on an out of town gig on short notice that had been booked for six months. To me, he is looking for some leverage to keep this from happening again. Enforcing the contract - suing for breach - is the only remedy I envision (I am not an attorney).

You're probably right, a "Come to Jesus" meeting with the band (and the NEW drummer) is in order.
 
#20
I've always signed the contracts alone, and it's my skin on the line. That is one of the myriad reasons why I take an additional cut. Not just for the extra hassle, but to leave you some reserve in case of emergency where you need to hire someone at higher cost, replace equipment, etc. I agree with everyone on having a deep bench. It's necessary, and sometimes a guy on the bench becomes a starter. When you are doing high dollar gigs, it's much easier to find top talent. Because of that, you shouldn't let fear of finding a competent replacement restrict your decision. I'm sure if I had a gig paying $500, someone on TB would be willing to fly to DC to do the gig.

As a side man, there's no way I would sign a performance contract to the client. I don't own the business, nor am an agent of the business, so I have no business doing that anyway.
 

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