As you may or may not know, I'm currently in the midst of having to sue a club owner for breach of contract. Long story short, we lived up to our end of the deal. I have no idea just what he expected...but he had people in his NEW, mostly unknown venue, with more walking in the door, when he decided it was in everyone's best interests to not let us perform...or to pay us.
This is one of the many reasons why contracts are a must. If a venue refuses to sign a contract, that tells you everything you need to know about them. It screams "DON'T TRUST ME! I WILL HAPPILY SCREW YOU OVER!" I'm not saying that every venue will do this. But there are lots that will. If the venue's representative is honest, they'll work out the details with you (even if it's a door gig) and happily sign a contract. It makes things easier for everyone. If the band shows up, deluding themselves that they're going to be treated to a gourmet buffet...but only find cold pizza...the contract will state which is the expected reality. Yes...some musicians can be delusional lunatics...just as some club owners can be.
Here's an unexpected perk of using a contract: Club owners tend to be more motivated to make sure there are asses in THEIR seats at show time - if there's a guarantee of 'something' involved. Somewhere along the line, club owners got this idea that every musician has an entourage that follows them everywhere. I blame the Deadheads for this. The reality is this: while Group X may have a loyal following every time they play a certain venue, it is not a guarantee that following will drive across town to see them. There's no guarantee that any of them will even cross the street to see them. The only guarantee is that Group X is going to show up and try to put on the best damned show they can. As entertainers, our job is to entertain. It doesn't matter if there are 2 people in the joint or 2000. Our job is to try to keep them entertained...which often results in them spending more money on drinks, food, tips, etc. It's really that simple.
Musicians like to make people happy...including club owners. So guess what? We'll throw in extras...usually at our own expense. We'll provide some extra promotion, on top of whatever the venue is (allegedly) doing. Anything from word of mouth to text blasts/emails/online promotion to posters/flyers. Most musicians LOSE money doing this...but we do it anyway. Those posters that you saw for Group X playing at Venue Q? Chances are the band designed them, printed them, and distributed them. Call up a graphic designer and ask them what they would charge to design a poster. Then add in the cost of printing 100+ 11x17 posters. It gets pricey. Yet...bands do this for every show...and still have to eat that cost. A smart band will factor that cost into their fee and a contract will ensure that everything is done properly. It will also ensure that the venue receives the promotional materials and displays them correctly.
Contracts take the guess work out of the equation. If you've ever hired someone to work on your house...heck, even mowing your lawn, there's, at least, a verbal contract in place.
"I, (name) agree to pay $____ to (name) for the following services:
_____________________________________________________
_____________________________________________________
_____________________________________________________"
That's really all a contract is. The next time a club owner expects you (or anyone else) to perform for free, tell them you'll do so provided they give each band member a keg of beer or bottle of booze for free. It's the same principal. NO ONE WORKS FOR FREE! Yes, some venues will provide free or discount food or beverages. That's a professional courtesy. When I used to do roofing work, we often worked on KFC buildings. Every day, the manager would bring us up FREE buckets of chicken. He didn't have to. It wasn't in our contract. It was done out of PROFESSIONAL COURTESY.
Oh I see...you think that being a musician isn't work. Really? We do it just for fun? Well yes...in part, we do. No one would do this if they didn't love it! Sure, we get to play music. But we also have to deal with drunks, assholes, greedy club owners, we have to do physical labor (anyone who wants to lug my gear around for me is more than welcome to), we have to be business men, graphic designers, marketing execs, drivers, sound techs, lighting techs,etc. I could probably write out a 3 page job description of just what exactly a musician does, aside from simply playing music. Simply put...let me see YOU do YOUR job for what we get paid...and without a guarantee most times.
Don't be stupid. Use a contract. This benefits ALL parties involved. It takes out the guess work. It (should) motivate both parties to do their best. And guess what...some nights will be winners, some nights won't. That's just called reality. If a venue isn't attracting the customers it wants...how is that a musician's fault? We went into the music business...not the bar business. Know your job.
This is one of the many reasons why contracts are a must. If a venue refuses to sign a contract, that tells you everything you need to know about them. It screams "DON'T TRUST ME! I WILL HAPPILY SCREW YOU OVER!" I'm not saying that every venue will do this. But there are lots that will. If the venue's representative is honest, they'll work out the details with you (even if it's a door gig) and happily sign a contract. It makes things easier for everyone. If the band shows up, deluding themselves that they're going to be treated to a gourmet buffet...but only find cold pizza...the contract will state which is the expected reality. Yes...some musicians can be delusional lunatics...just as some club owners can be.
Here's an unexpected perk of using a contract: Club owners tend to be more motivated to make sure there are asses in THEIR seats at show time - if there's a guarantee of 'something' involved. Somewhere along the line, club owners got this idea that every musician has an entourage that follows them everywhere. I blame the Deadheads for this. The reality is this: while Group X may have a loyal following every time they play a certain venue, it is not a guarantee that following will drive across town to see them. There's no guarantee that any of them will even cross the street to see them. The only guarantee is that Group X is going to show up and try to put on the best damned show they can. As entertainers, our job is to entertain. It doesn't matter if there are 2 people in the joint or 2000. Our job is to try to keep them entertained...which often results in them spending more money on drinks, food, tips, etc. It's really that simple.
Musicians like to make people happy...including club owners. So guess what? We'll throw in extras...usually at our own expense. We'll provide some extra promotion, on top of whatever the venue is (allegedly) doing. Anything from word of mouth to text blasts/emails/online promotion to posters/flyers. Most musicians LOSE money doing this...but we do it anyway. Those posters that you saw for Group X playing at Venue Q? Chances are the band designed them, printed them, and distributed them. Call up a graphic designer and ask them what they would charge to design a poster. Then add in the cost of printing 100+ 11x17 posters. It gets pricey. Yet...bands do this for every show...and still have to eat that cost. A smart band will factor that cost into their fee and a contract will ensure that everything is done properly. It will also ensure that the venue receives the promotional materials and displays them correctly.
Contracts take the guess work out of the equation. If you've ever hired someone to work on your house...heck, even mowing your lawn, there's, at least, a verbal contract in place.
"I, (name) agree to pay $____ to (name) for the following services:
_____________________________________________________
_____________________________________________________
_____________________________________________________"
That's really all a contract is. The next time a club owner expects you (or anyone else) to perform for free, tell them you'll do so provided they give each band member a keg of beer or bottle of booze for free. It's the same principal. NO ONE WORKS FOR FREE! Yes, some venues will provide free or discount food or beverages. That's a professional courtesy. When I used to do roofing work, we often worked on KFC buildings. Every day, the manager would bring us up FREE buckets of chicken. He didn't have to. It wasn't in our contract. It was done out of PROFESSIONAL COURTESY.
Oh I see...you think that being a musician isn't work. Really? We do it just for fun? Well yes...in part, we do. No one would do this if they didn't love it! Sure, we get to play music. But we also have to deal with drunks, assholes, greedy club owners, we have to do physical labor (anyone who wants to lug my gear around for me is more than welcome to), we have to be business men, graphic designers, marketing execs, drivers, sound techs, lighting techs,etc. I could probably write out a 3 page job description of just what exactly a musician does, aside from simply playing music. Simply put...let me see YOU do YOUR job for what we get paid...and without a guarantee most times.
Don't be stupid. Use a contract. This benefits ALL parties involved. It takes out the guess work. It (should) motivate both parties to do their best. And guess what...some nights will be winners, some nights won't. That's just called reality. If a venue isn't attracting the customers it wants...how is that a musician's fault? We went into the music business...not the bar business. Know your job.
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