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Would you sign this contract ??
- Thread starter mike buzzetti
- Start date
Now how much of that actually goes to artists .... dunno, but that would be on the PROs.
As far as I know, nobody here on TB is licensed to practice law.
Obviously, SOMEBODY got with a lawyer (or at least got a paralegal to fish this off some website and re-write) to make this contract.
IF I were going to do a lot of these gigs and routinely face this same contract (you say the local wineries all use it), I wouldn't sign a damn thing UNTIL I got my own lawyer to decipher and advise.
The Muzik Bidness is awash in guys that didn't want to pay to get professional counsel, from bar bands doing local gigs all the way to the Beatles, the Stones, and so many, many others, that got screwed as 'they didn't know what they were signing'.
Don't join that list.
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For me its #9 "content" and #14 "Venue name". So what if the venue decides that your performance is not "first rate"? Will posting on FB the name of the winery be in violation?
I'm going to guess either the winery is a bunch of whiney (get it?) snobs or one time they thought everyone would be cool with just an agreed upon amount of cash (and got burned, in their opinion).
Sounds too stuffy for me.
Considering the facts that the show is during happy hour, the establishment likely somewhat classy (I suspect white collars crowd), I don’t think there’s much risk in signing the contract for an experienced band that fits that style. Unfortunately 450 dollars is not a lot of money for a 6-8 hour portal to portal job.
At least, there’s no “paid when paid” provisions. Curious that the contract does not make the sound check mandatory.
At least, there’s no “paid when paid” provisions. Curious that the contract does not make the sound check mandatory.
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If your band sucks, that would be your fault, not theirs for hiring you. Just like everything else that could possibly go wrong on this gig.
They don’t have to.
The contract specifically excludes audience taken photos and/or recordings from the agreement.
^This.
FWIW it’s no worse than many venue contracts I’ve seen. In truth, it’s better than most. For example, there’s no requirement that the band carry its own liability and workers comp insurance.
Either way, I get the feeling this wasn’t put together by an attorney who specializes in music and entertainment law. Couple of oddly worded clauses make me think that.
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I think this is a case of the venue trying not to pay the rights fees.
Like you mentioned, here there are two kinds of venues, ones that pay the fees and let bands play whatever and the ones that don't and you gotta play originals. But either one doesn't hang the band up with crap like that. Getting enough money for gigs, that's another story
To me it seems like a way to claim plausible deniability if they are caught. "We thought the band was paying that. It's in the contract!" Never mind the fact that no band ever pays that, nor is there even a way for bands to pay it. They just want something to point to if it comes up to get them off the hook.
I expect you're right. But it's dishonest and I ain't playin that game. This sounds like a venue that bands ought to avoid.
"The music business is a cruel and shallow money trench, a long plastic hallway where thieves and pimps run free, and good men die like dogs. There's also a negative side."
Hunter S. Thompson
Hunter S. Thompson
I don't think this was written by an attorney. I do think this was probably someone with the venue who is trying to "do the right thing" but didn't know where to stop or how to address the real issues.
Until you sign, everything is negotiable. I would take my concerns to the venue and I wouldn't sign anything until I was satisfied we had an fair and reasonable agreement.
If it's all or nothing, I think I would pass.
Until you sign, everything is negotiable. I would take my concerns to the venue and I wouldn't sign anything until I was satisfied we had an fair and reasonable agreement.
If it's all or nothing, I think I would pass.
band members can cancel a show "due to sickness of Band, accident involving Band, death of a member of Band’s immediate family". however, "Cancellation cannot occur within two (2) weeks of the Show date without providing a replacement band", even though a family member's death, car accident or illness may not occur within 2 weeks of the show, and the day after my mother dies or my husband is in the hospital, i'm really not going to be calling other bands to find a replacement.
if i were that venue, i'd have a few on-call bands on tap for situations like that.
no, thanks!
i agree with every word you say. i, too, seriously doubt this was written by an attorney, and i'd certainly try to negotiate, but wouldn't sign without a fair agreement.
if i were that venue, i'd have a few on-call bands on tap for situations like that.
no, thanks!
i agree with every word you say. i, too, seriously doubt this was written by an attorney, and i'd certainly try to negotiate, but wouldn't sign without a fair agreement.
For $450 in 2022 Dollars?!?!? Absolutely not!!! Waaaaay to much extra tied into that for the effort!
The problem is it's not whether your band socks, it's whether they think you suck. Something completely different. If they want to hire you they need to do the scouting. And if you are offering to play, they got to listen around whether you are good or take the chance...
Yeah, but will they refuse payment because you did not play like a "first rate" band? Or maybe pay you less?
"Compensation for the Show will be four hundred fifty dollars [$450]"
There we go, strike three and I didn't even finish the first page.
And don't even start me on "content mutually agreed upon by the parties"
I wouldn't take that gig, let alone sign that contract, in a fit.
There we go, strike three and I didn't even finish the first page.
And don't even start me on "content mutually agreed upon by the parties"
I wouldn't take that gig, let alone sign that contract, in a fit.
