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Gig Contract for Band Members to sign

Discussion in 'Band Management [BG]' started by DaveLS, Oct 15, 2009.


  1. DaveLS

    DaveLS

    Sep 5, 2008
    Massachusetts
    So, if you haven't read my post from a while back regarding our jerk guitarist, check it out here:
    http://www.talkbass.com/forum/showthread.php?t=563000

    That drama is long past and we have a couple new people in the band now. We're starting to book more gigs and the new members are offering to help.

    I was thinking of writing up a contract that each band member would sign stating that any gig the person books for the band would still be performed by the band in the case that the person leaves the band before the show is scheduled.

    Something like this:
    I __________(name) agree that any gig I book for _________(band name), I will send an email to each member of the band stating that the gig was booked for _________(band name) and the amount the venue has agreed to pay the band.

    In the event that I am unable to perform this gig with ______(band name) for any reason, including quitting the band or being asked to leave the band, before the show is scheduled, I will not contact the venue for any reason, including: canceling the gig, scheduling another band to take the gig or talking to anyone associated with the venue regarding _____(band name) without the consent of all the rest of the band members.

    If I do any of this without consent from the rest of the band, I will be responsible for payment to each member of the band equal to the amount that the venue agreed to pay the band minus my share.

    ___________(signature)
    What do you think?
     
  2. It's sad that you would have to do something like this. That guitarist was a... well I can't use any of the words that would accurately describe him, lest I get a warning or ban from the moderators.
     
  3. DaveLS

    DaveLS

    Sep 5, 2008
    Massachusetts
    I don't know how legal this is and I don't really care. The point is so that everyone in the band realizes what they are doing when they book a gig. If they go ahead and screw us over when they leave, at least we have it in writing to show how much of a jerk they are.

    It would be a kind of goodwill gesture towards the rest of the band saying, "hey, I'll be cool when I leave". And if they don't want to sign it or notify us by email or anything, then at least we know what we're losing when the person leaves.
     
  4. MNAirHead

    MNAirHead Supporting Member

    wow.. I'd be the first one signing and running.
     
  5. stylonpilson

    stylonpilson

    Jun 30, 2008
    Reading, UK
    I, personally, think that it's a bad idea. For one thing, it might foster bad relationships. And even if you do get them to sign this contract, there's a million and one other ways that they could potentially screw you over, if they really wanted to.

    I agree that what your previous guitarist did was a lousy move. But don't let it haunt you like this. The only thing that you can do is to keep your eyes open, and choose your band members wisely.

    S.P.
     
  6. Billnc

    Billnc

    Aug 6, 2009
    Charlotte NC
    I don't know if there's much you can do about a guy quitting a band and then calling clubs to cancel gigs, etc. You know, those of us who freelance teach have to sign a similar document regarding leaving an establishment and taking students. There are models for that in the business world.

    For the most part, most of the time we are dealing with sums of money where enforcement is not worth it. Even club contracts, if breached are not worth going to court over, they do however keep misunderstandings to a minmum, and most will abide by a contract.

    In the past I have had to deal with lawyers and band business. It is ugly, lawyers use really nasty language, and it can take years to rekindle a friendship.

    Really unscrupulus musicians wind up with a reputation and out of work, we are a small community after all and word gets out.
     
  7. Wow...I'm lucky.Same band.14 years.Zero drama.For 14 years.
     
  8. Marko 1

    Marko 1

    Mar 9, 2009
    N.E. Ohio
    That is amazing.

    :)
     
  9. DaveLS

    DaveLS

    Sep 5, 2008
    Massachusetts

    That's unreal. Good for you. By the way, do you mind if I steal "Zero Drama" for my next band's name? Maybe it will get the point over.
     
  10. how well are these gigs paying???? do you think the new members will actually obey the contract for a gig that pays $50-100 per member. I mean, you're not going to take them to court over a couple hundred bucks, are you?
     
  11. Gasman

    Gasman Gold Supporting Member

    Apr 9, 2007
    South Carolina
    I would never sign that. I'd actually quit on the spot if someone presented that to me. Not trying to be a jerk, and I understand your history, but that's just not enforceable and will only lead to bad feelings (ie you are the "gig cop").
     
  12. bassbully

    bassbully Endorsed by The PHALEX CORN BASS..mmm...corn!

    Sep 7, 2006
    Blimp City USA
    NOPE! ...no sir i dont like it :spit:
     
  13. standupright

    standupright

    Jul 7, 2006
    Phoenix, AZ
    Brownchicken Browncow
    i wouldn't have a problem signing it.
     
  14. mpm32

    mpm32

    Jan 23, 2009
    I'll sign it - like they did in the Blues Brothers;

    JAKE: Bob, we loved playing here. My brother is writing out an American Express Travellers Cheque to cover our extensive bar tab.
    BOB: I'd appreciate it.
    Jake walks to the car.
    JAKE: Ah, let me see if he's ready. I have to sign it too. I usually sit down in the car and use the glove compartment lid.
    Jake gets into the car and shuts the door.
    JAKE: Hit it, Elwood.
    The Bluesmobile roars out of the lot. Bob runs after but stops out of breath among The Good Ole Boys.
     
  15. duff beer

    duff beer

    Dec 2, 2007
    Winnipeg

    Does this clause assume that the person booking the gig is 100% aware if every single person in the band is available that night? Our band has NEVER booked a gig without checking with every member first.
     
  16. DaveLS

    DaveLS

    Sep 5, 2008
    Massachusetts
    That would be after everyone agreed to do the gig and the venue was told we were doing it.
     
  17. DaveLS

    DaveLS

    Sep 5, 2008
    Massachusetts
    So as I said before, this may not be legally binding, but I don't care. I just wanted some way to let everyone know that when they book a gig for our band, we assume they're doing it for the band and that it would be a real jerk move to try to take all the gigs they booked when they left.

    What if I left the part out at the end stating that they would reimburse everyone in the band?

    What if I just send an email to everyone in the band thanking them for helping out with booking gigs. Then give them a brief synopsis of what happened with the last guy and then say, "Just want to let everyone know that everyone else assumes when you book a gig for the band, you're doing it for the band."
     
  18. JohnMCA72

    JohnMCA72

    Feb 4, 2009
    There's really a whole lot of stuff that should be addressed when a band is formed, or when somebody new joins an existing band. This is only the tip of that iceberg.

    The key concept is that, whenever anybody in the band books a gig for the band, that gig then belongs to the band. The band should have some mechanism in place to collect & save contact information for the gig (name, address, phone #, etc. are valuable for getting repeat gigs!). When somebody leaves, the band should immediately contact all outstanding gigs & let them know that ______ no longer represents the band. Discuss how you plan to go forward.

    JM
     
  19. JohnMCA72

    JohnMCA72

    Feb 4, 2009
    Don't just spring this sort of stuff on the band, without having discussed it first. Discuss it, & make sure that everybody is on the same page. Only then, should you put anything in writing. At that point, it becomes only a documentation of what everybody already understands to be the agreement in the first place.

    JM
     
  20. Steve

    Steve

    Aug 10, 2001
    The only way a piece of paper like that is going to have any value at all is if Babe Ruth signs the thing.
     

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