To sign? Or not to sign? Booking agency contract dillmma... advice needed.

[boldaslove1977]

my cover band has been working with a booking agency for about a year... but never formally signed on with them. now they're telling us we have to sign a multi-year contract to keep the relationship going.

there are 4 of us in the band. we typically play an average of 6-8 gigs a month.

without getting into too much detail... 1 guy in the band is all about it. the other 3 (myself included) want no part of it... for different reasons.

my objection... in the next few months, i think we're about to get busier than i'll be able to keep up with. it's very likely (unfortunately) i'll either need to quit... or have a sub who can do a whole bunch of gigs. the guitar is my side job... and my day job pays me too much to walk away so i can play out 6 nights a week.

what bugs me about the contract... the way it's written... if i leave the band... the agency still gets a percentage of any money i make playing out... whether it's another band... one-off gigs... sub stuff... acoustic solo shows... whatever... for the length of the band's deal... EVEN THOUGH my name would be formally replaced in the contract by a new member.

there's also a TWO YEAR NON-COMPETE CLAUSE for any bar that i came into contact with through this agency. which, in theory... means if a band that plays the same venues as us asks me to sub for them... i can't.

does this sound normal?

part of my problem... we're making 100... 125... 150... occasionally 200 bucks a head a night. if i was making more... i'd be more willing to sign... but it doesn't seem worth it to sign away so much for so long.

i've never been in a situation like this... so i'm interested in what you guys have to say...

 

[Structo]

No way!

 

[stevieboy]

I would raise your objections with the agent. Sometimes people (not just music related) use standard contract forms that cover things the user isn't really interested in. They can be altered by mutual agreement.

If they insist on things that you can't agree to, I guess you have to then make a decision.

 

[Sam Sherry]

The effectiveness of non-compete clauses varies dramatically from state to state.

It sounds like you need a moment of legal advice. DON'T RELY ON ANY LEGAL ADVICE YOU SEE ON THE INTERNET. Even if it's accurate somewhere, it's pure chance if it's accurate wherever you are. Spend a nickle on a real live loh-yah. You will not regret having somebody on your team and your team only.

Good luck, hombre.

 

[boldaslove1977]

one guy has a lawyer friend who is going to read over the contract... so we're kind of in a holding pattern... even though we were supposed to have signed by now.

the non-compete clause's effectiveness is interesting... i gotta ask the lawyer about that...

and yes... it does look like a standard contract... but there are definetly customized parts in there... our drummer is in a killer original band that is trying to get to the next level... and it's written into the contract that his original music gets a pass. there are also a couple of long-standing solo/duo gigs i've had... since before i got involved with this band... and there's an exception written in for those also.

i think we're gonna ask for a 1-year deal... but i don't think they're going to go for that.

what i also want to know... but nobody seems to be able to answer... if we don't sign... does that mean they cancel every gig they have booked for us right now?

 

[jett1963]

My experience with negotiating contracts is to delay, and insist on changes to the contract. You can wear even the saviest of negotiators down. Don't allow them to insert clauses that you don't want to live with. Eventually their desire to sign you will motivate them to strike the aggregious clauses. Good luck. And remember, "The devil is in the details."

 

[hangten]

I wouldn't sign it.

BUT...you have to do what you feel is right for you.

If you leave the band and get a better job in another band, do you still want to be paying this booking co.?

 

[puckhead]

jeesh . sounds like they are trying to own every iteration of you.
as someone said, maybe those clauses aren't important to them?

view this not as a contract to sign, but as a negotiating starting point.
if you have a long relationship with them, surely they can work with what you guys want.
if not, that tells you something as well.

 

[Luke]

Now that you have established yourself in these clubs already, what prevents you from booking the gigs directly?

Surely the agent was making money on the deal, so you can offer the same product for less money by going direct. Of course at the risk of not getting paid by the club owner.

I would not sign anything that includes a non-compete or a % of anything outside this band. PERIOD.

 

[Tuberattler]

nega tory.. talk to a competent lawyer first.. negotiate.. do not compromise your future.

 

[boldaslove1977]

so the contract really isn't worded all that well... actually, it's more that a key sentence or two were left out... that the agent is agreeing to add for me...

long story short... with what he's going to add to the contract... if i quit the band... and join/start another band... i only owe the agency a percentage for gigs at bars that they put me in contact with.. for 2 years.

otherwise... i have no obligation to him at all... assuming my qutting doesn't break up the band completely...

does that seem to sound more normal/reasonable?

 

[HHB]

Now that you have established yourself in these clubs already, what prevents you from booking the gigs directly?

Surely the agent was making money on the deal, so you can offer the same product for less money by going direct. Of course at the risk of not getting paid by the club owner.

I would not sign anything that includes a non-compete or a % of anything outside this band. PERIOD.

trust Luke w/ all things business