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Would you accept such a contract?

Discussion in 'Band Management [BG]' started by eukatheude, Apr 10, 2015.


  1. Through one of my ads I've been contacted by this film producer (or at least claims to be. Says he owns a small video production studio) teamed up with another producer.
    I auditioned alone in the second guy's studio, and was told they are interested in me, and I will be trying out with the rest of the band next week.
    They have some tracks that were recorded by some session musicians in the UK, and the idea is to make the band work and improve on them before september - at which time there we'll play a gig, which some record company bigwigs are supposed to attend and ideally offer us a contract.
    Until then, it's one rehearsal a week.
    So, movie producer guy told me they'd put me under a contract, which I asked about but was not given many info yet - just stating that it would be really simple and simply bind me to play in this project for an year - and bind them to have me play in said project. He mentioned money would be on a percentage basis rather than a fixed amount for gigs. He did not mention whether rehearsals are in the contract or what the penalty is if I quit.
    He did mention however that the show will be "carefully planned", such as requiring specific stage moves/attitude, clothing etc.

    Now it seems strange that I'm offered a contract where there's no money involved yet. And I don't like being bound to something that I could greatly not enjoy - I can picture director guy getting mad over said "choreographies".
    On the other hand, it sounds like a good opportunity, in money and "exposure" (fortunately for him, he did not use this term) - or in other words, musical contacts.
    I wish I had more actual info, but I won't see the contract until I'm actually offered the job.
    I'm thinking about asking a percentage for the gigs but WITH A MINIMUM, and also ask at least for gas expenses for rehearsals - it's a 20km drive twice every week after all, and I'm not doing this for the glory nor because I like the music so much.
    It would seem that the other musicians are under a similar contract
    What do you think?
     
  2. Dave W

    Dave W

    Mar 1, 2007
    White Plains
    Without knowing the specifics I really can't comment.

    Yes, it sounds pretty odd to me though.
     
    Matthew_84 and LiquidMidnight like this.
  3. BazzTard

    BazzTard Banned

    run Forrest, run ! , don't look back. Movie producers managing a band?

    A future gig with record companies is the music biz version of the Hollywood casting couch.

    Here is an idea,ask for an advance copy of the contract so your legal representative can look it over. Watch them run.
     
  4. Jazz Ad

    Jazz Ad Mi la ré sol

    If you're a performer you must get an hourly rate.
    If you're part of the band you deserve points on sales of everything, merchandise, records, credit of course and you contract the producer, not the other way round.
    The contract seems to fall in between.
     
  5. Lobster11

    Lobster11 Supporting Member Supporting Member

    Apr 22, 2006
    Williamsburg, VA
    Before even thinking about details of any contracts, I would do some research and dig up as much information as I could possibly find about these "producers." It sounds like the potential success of the project will hinge entirely on their ability to put together a show that will impress industry bigwigs, and to get said bigwigs to show up at a particular gig to be impressed. If they have produced successful projects in the past, and/or are really well connected in the industry, they should be name-dropping and self-promoting about these things on their websites or social media. If you can find information about previous projects either has done, you might even contact other people who were involved in those projects to see what they have to say. If nothing else, finding out what kinds of projects they've done in the past might at least give you some insights about their tastes, and put you in a better position to judge whether they seem like the right guys to make this thing work.
     
  6. lvbass

    lvbass

    Jun 17, 2011
    Macungie
    Sounds like a contract for indentured servitude (slavery)!! I would run because this smells really really bad... Also, any lawyers correct me, but I don't think there is a binding contract without consideration
     
  7. Until further details are clarified, you're essentially committing yourself to these people for a year, with an unspecified amount of labor and time involved, with no guarantee you'll get paid for any of it. It could be 50x 5-hour rehearsals for a single show that nobody shows up for.
     
    StayLow and LiquidMidnight like this.
  8. I agree that we can't judge the situation better without the contract in hand. I will rehearse with them this thursday, as they said they are undecided between me and another guy, who tried out last week. If I'm offered the position I'll ask for a copy and tell them I'll be in touch as soon as I'll have it looked over.
     
  9. RoadRanger

    RoadRanger Supporting Member

    Feb 18, 2004
    NE CT
    I'd not worry about it - a "contract" with no compensation is unenforceble.

    EDIT> I see you're not in the USA so I dunno what Italian law says on this.

    I'd just further say that no "unknown" is going to get a contract that is great no matter where you live. I've known folks that got screwed over and folks that might have had a chance to make it if they hadn't been too "smart" to sign. Life sucks then you die ;) .
     
    LiquidMidnight likes this.
  10. RustyAxe

    RustyAxe

    Jul 8, 2008
    Connecticut
    Don't sign anything without having someone versed in entertainment contracts (who is working on YOUR behalf) read the document. Can't say if it's good or bad ... but my guess would be all the advantages go to the "producers" and all the liabilities fall on you.
     
  11. buldog5151bass

    buldog5151bass Kibble, milkbones, and P Basses. And redheads.

    Oct 22, 2003
    Connecticut
    Unless you read the contract, you don't know what the agreement is. Tell them you want to see the agreement, now.
     
  12. If they are not in a position to offer session rates, they have nothing to offer but promises.
     
    Waltsdog likes this.
  13. fdeck

    fdeck Supporting Member Commercial User

    Mar 20, 2004
    Madison WI
    HPF Technology LLC
    I would not even think about a contract that is not specific money for specific work. A contract that obligates you to unlimited work for the band without getting paid will be exactly that. Also, if the thing turns into anything real, the easiest person to replace in a band is the bass player.

    You can always offer to work on a per-hour basis, with no contract, to help them develop their business idea. If they can afford to equip a studio and spend their time on this, then they can afford to pay the bass player.
     
    eukatheude, salcott and Waltsdog like this.
  14. buldog5151bass

    buldog5151bass Kibble, milkbones, and P Basses. And redheads.

    Oct 22, 2003
    Connecticut
    If he's getting a % of profits, that is sufficient consideration. Otherwise no business or independent contractor agreement would be enforceable.

    But that's why you want to see a written contract, so you know what the specific terms are.
     
  15. shorty4life

    shorty4life

    Dec 22, 2013
    I'm outta there. No further info needed
     
    10cc and salcott like this.
  16. friendlybass

    friendlybass

    Jul 19, 2012
    Colorado
    That's a fat sack of nope.
    Tell him you'll do contracts for individual performances for a fixed rate, and that can include rehearsals.
     
    TheBear likes this.
  17. Sound sketchy to me. I have a couple friends who are in big time signed bands and my band has gone through a lot of "talk" over the years. People like that often turn out to be sociopaths.
     
  18. Ha! Shine on that eukatheude! No info till paper is your hand, pay based on percentages, and ... choreography? In the famous words of Al Borland, "I don't think so Tim."
     
    TheBear, Joce and Ballin'bass like this.
  19. Carl Hillman

    Carl Hillman

    Jan 1, 2010
    When the job is actually offered and the contract is produced, take it and say, "Thanks. I'll get back to you when my lawyer and I have gone over this".

    Then take it to a contract lawyer, find out what's in it, and if it doesn't sound good to you, negotiate changes acceptable to both parties.

    If they pressure you to sign right then and there, walk away.
     
    eukatheude likes this.
  20. ddnidd1

    ddnidd1 Supporting Member

    A Percentage?

    Who does the books and calculates the percentage?

    Is the percentage before or after 'expenses' are deducted?

    It sounds like quite an 'opportunity', but I doubt it will be yours.

    This will turn out to be an entertaining thread, when and IF a contract is ever produced.
     

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