Sunday, November 28, 2010

UNDERSTANDING ARTIST MANAGEMENT & THE ARTIST AGENT


As a Professional Artist Manager, I am asked daily by musicians, "How do I find a manager to represent me?" or "Do you know any managers  who can manage me? or Are you interested in managing my band?" " What can you do for my band?" or "How do I go about finding a good manager?" I think that while those are valid questions, other important questions are, "When should I consider being represented by a manager?", What does a personal manager do? What are the qualifications of a manager? Let me give you a quick overall view of Artist Management and representation.

THE MANAGER
First, let's state what a personal manager is not. A personal manager is not an agent (whose role is to obtain employment). A personal manager is not a publicist (whose role is to generate publicity). Nor is a personal manager an attorney (whose role is to provide legal counsel). And, a personal manager is not a business manager (whose role is to provide accounting, investment, and other financial services). What exactly a manager is or does is a topic that's discussed frequently in music industry circles. There is no precise description of what a manager is or definition of what a manager does that everyone can agree on easily  Twenty different people will have all different opinions on the subject. In addition, the job of the manager is fairly complex and can differ from situation to situation depending on the stage of the artist's career and the areas that the artist needs help in (e.g. image development, publicity, label shopping, touring, recording, publishing, songwriting, licensing, merchandising, sponsorship acquisition, etc.). Nothing is cut in stone.
 
An artist will encounter four types of music managers at some point in their musical lives: personal managers, business managers, tour managers, and road managers. Here I will be concentrating mainly on the personal manager. Management" is a somewhat vague and convoluted term in the rock and roll business.  Most bands  think they want "Management"  when really, they just want someone to get them gigs.  That's actually a booking agent.   Basically speaking,  A manager is someone that advises  and counsels you (and/or your band) in every aspect of your career.  You need help,  more gigs, or maybe a tour, new press kits and promotional materials, a kick ass demo. So who do you hire? an agent, or a manager, or both?  Fed up and exasperated with a lack of consistent gigs, tired of hours on the phone calling club owners and mailing materials a band sets up a meeting with a personal manager. things are going well in the meeting and after hearing the bands music and getting to know the members the manager starts laying out some ideas for the band, and although everyone seems in agreement, the singer asks, " That's cool but what kind of gigs can you get for us?" this band is really looking for some one to handle their booking - an agent, not a personal manager. I see this often in meetings with artists, a common mistake made in the music business of confusing the functions of agents and managers. Since an agent's or manager's responsibilities may overlap, its not hard to see where this confusion begins with many artists, but there are basic differences in their roles.

 

A manager assumes many different roles, depending upon the nature of the relationship with the artist, a personal manager is an advisor, confidant, counselor, organizer, industry "buffer", cheerleader, protector, and  member of the band that never performs on stage. A manager sees things from a different perspective than the band/artist (the "big picture"), and helps to devise a master plan that the band or artist can follow in order to achieve their goals, while overseeing their career on the day to day level as well.
A personal manager advises and counsels talent and personalities in the entertainment industry. Personal managers have the expertise to find and develop new talent and create opportunities for those artists which they represent. Personal managers act as liaison between their clients and both the public and the theatrical agents, publicists, attorneys, business managers, and other entertainment industry professionals which provide services to the personal manager's clients.
Picture a wagon wheel. At the very center is the axle. The axle is the performing artist around which everything revolves. The hub protects and supports the axle. That is the personal manager. The rim of the wheel is the artist's career which travels on what can often be a bumpy, long, winding road. Connecting the hub with the rim are many spokes which give the wheel support in different directions. These are the agents, publicists, attorneys, business managers, and other industry professionals which support an artist on the road to success. When the wheel is well constructed, the artist's journey can be smooth, speedy and successful.
A personal manager is responsible for everything and anything that enhances the development of a performing artist's career. From simple staging suggestions, to complex negotiations, to long term career plans, a personal manager lives the artist's career every day behind the scenes. The manager's commitment to and involvement in the artist's career is one hundred per cent. The personal manager is the driving force breaking through the barriers of frustration and difficulty so often encountered in the entertainment industry. A personal manager is the person who believes in and keeps fighting for a artist when all others have given up. A manager is usually able to make difficult decisions without taking things personally. A manager plays an extremely important role in negotiations because they understand the long-term goals of the artist and can make sure that all contracts that are offered address the long-term needs of the artist, even when an attorney is involved. A manager plays a very important role in corresponding with record labels, publishers, booking agents, publicists, music media, and promoters, and in making sure that things get done on time and in the manner promised and are kept professional.

An artist can easily get lost in the shuffle on a large record label roster, especially if the A&R rep that signed them is no longer with the company. The manager helps keep everybody exited about the artist, including label promotion departments, distributors, radio promoters, publicists, booking agents, concert promoters, media personnel, etc. With responsibilities like that, it is important a personal manager have a wide range of experience in the entertainment industry. Professional personal managers are also well informed on industry practices, standards, and regulations. Plus, managers are alert to the constant changes affecting the entertainment industry. Only with experience and by keeping up to date can a personal manager benefit artists the best.
A manager is not automatically an attorney, producer, publicist, publisher or record label, even though they sometimes perform functions that are similar in nature. If, separate from being a manager, they also happen to be an attorney, producer, publicist, publisher, or record label, then they should wear the different hats according to the different roles, and not merge them all under the umbrella of "management". This multiple-role scenario can sometimes present a "conflict of interest", since part of the manager's job is to help the artist decide which attorney, producer, publicist, publisher, label, etc., they should sign or work with. An individual (in California, New Jersey and New York, and other states for instance) must be licensed by the state to be a Talent Agent, which is a separate function from that of a artist manager. 
The manager plans with the artist career goals and outlines an aggressive campaign for achieving them, develops promotional materials, and the artist's image, often directs the artist's booking agent to help ensure more effective gigs or touring and routing (The manager does not do any booking himself), negotiates or oversees the negotiation of various contracts, hires the artists support team and supervises them (road crew, sound and lighting, accountant and lawyer etc.). actually, artist management consists of anything that will help enhance or further an artist career. This can range from comprehensive career planning or complex contract negotiation to suggesting lyric changes in a song, suggesting different lighting for a show, a new hair style, clothing or commenting on a new recording. The personal manager is the alter ego of the artist, the part of the artist the audience never sees. The manager is a planner, adviser, organizer, strategists, overseer, manipulator, coordinator, detail person, traveling companion at times and the artists best friend sharing an intimacy with the artist no other member of his team has. The manager's involvement in the artist career should be total in scope as this is crucial to the artist success, as the manager is the only other individual besides the artist, who gets to see, work with and  touch all the jigsaw pieces that fit together to create the artist career. In the final analysis the real role a manager plays in an artist career is directly related to the needs of the artist, the capabilities of the manager, the ability of the artist and the manager to learn and grow together, and what both of them are willing and able to bring  into the relationship. Probably the closest analogy is that of a good marriage. To succeed it takes a lot of hard work not just on the managers part but on the artist part as well along with a willingness to communicate, compromise, learn, and change as the relationship of artist and manager grows and new challenges and goals are presented. Above all the artist manager relationship requires a strong sense of mutual trust and respect as well as the ability to see things as they really are not necessarily as we would like them to be.
If you think you are starting to get a handle on the what and how of management, consider a few more essentials to fold into the equation. The best artist managers, just like the best business executives, are planners. They are also catalysts that make things happen: movers, motivators and communicators who work with record companies, producers, agents, promoters, publicists, lawyers, accountants, press, fans, and anyone else with a stake in the artists career. The objective is to make sure everyone pulls together with effectiveness and enthusiasm to make the artist shine the brightest in a sea of stars. If that sounds like a tough order, it is, but just know that the reality of doing it consistently is even so much tougher. Jim Morey, who managers the careers of such diverse artists as Neil Diamond, the Pointer Sisters, and Dolly Parton summed it up: "The artist is the corporation: and the manager is the CEO". Just because a personal manager does so many things to say what a personal manager does is a difficult question. A good way to understand is name association. When one thinks of Elvis Presley, Col Tom Parker comes to mind; the Beatles, Brian Epstein; Tom Jones and Engelbert Humperdinck, Gordon Mills; John Denver, Jerry Weintraub; continue ad infinitum. Who are Parker, Epstein, Mills, Weintraub, all personal managers! The one person the artist relies on for overall guidance in all areas of their career - the manager.
WHO NEEDS AN ARTIST MANAGER
"Why do I need a manager?" is a question posed by artist all the time, especially those artist inexperienced in the realties of the music business, who would like to avoid the cost of paying a manager and an agent their commission. " Well maybe you don't need a manager, however you sure need management". the two aren't necessarily the same thing.
Not every artists career is complex enough to merit a full time personal manager, but every artist's career demands at least as much management as there is talent if the artist is to have any kind of chance of making it in the music business or achieving any real success.
If you don't believe that, take a look at the music business. What stands out is that today more than ever before the music business is a lot more business than music. Just look at who owns the major record labels, publishing and media companies. Warner Communications, Sony Inc, General Electric, Disney, and MCA are a few that quickly come to mind. Theses familiar names conjure up images of earnings per share, return on investment, quarterly earnings, and hostile takeovers. You can rest assured that these and the other major entertainment industry players are in it for the money.
If you still have doubts, just ask any record executive who has been fired for not meeting his corporations growth projections. It happens often despite their being acclaimed for having a great ear, a pulse on things to come, or a sensitivity for knowing how to get the most out of a artist in the studio. Sure those are all things that are important, but if the bottom line isn't there, that record executive becomes quickly expendable in favor of someone who can get the job done, and that job is making lots of money for the company.
As an artist or a manager, it is that record company executive that you have to impress to get a label deal. Today that can mean a commitment by the record company of a half million dollars or more to cover recording costs, video production, tour support, promotion, etc. etc. etc. Have no doubt that the record company executive who green-lights your deal expects to recoup all those expenses and a whole lot more in gross profits that will allow the company to meet its quarterly income targets and provide a healthily bonus for him as well as some extra job security. If the record company exec harbors any serious doubt about your ability to recoup the company's investment and turn a nice profit, they will be looking at the next artist before the days over. 

Getting the picture?
The high stakes risks associated with breaking a new artist, or keeping an established artist on the top is precisely why talent alone is never enough. That record executive has lots of talent to choose from, but not enough artists and managers capable of doing all the big and really little things that spell successful artist management. More specifically, that record company exec wants an artist who sets goals, who plans, who executes, who follows up on even the small details. He wants someone capable of interacting effectively with a unending stream of producers, agents, publishers, promoters, publicists, program directors, roadies, lawyers, bankers, accountants, and fans all competing for the artists time. the record company exec wants someone with enough drive and discipline to return phone calls, sign autographs, do interviews, be knowledgeable, deal with the endless details that can't wait until tomorrow and still have enough energy left to put on a really killer concert or do as many studio takes as are necessary to get the recording right. A big part of that picture is management, without it, the reaction to your demo will likely be "PASS" can you blame them? There's a lot at stake. If you as a artist can very effectively handle these management-related responsibilities, and still have time to write perform etc. have no need for any professional guidance or business contacts,  then by all means do so and save that artist manager's commission. There's no sense in paying someone else to do what you can do just as well yourself. However if you can't do it all maybe you need a manager!
HOW SOON SHOULD I HIRE AN ARTIST MANAGER?
About the time an artist decides they wish to make music a career and discovers he can earn money doing it, is the time to consider hiring a manager. Stars are not born overnight, building a career in the music business takes lots of hard work, planning, organization, time, and talent. Starting with a less experienced manager earlier on allows the manager and artist to develop and grow together, building a solid bond and establishing trust early on. I happen to think this is one of the better approaches to hiring the artist manager, but there are lots of differing opinions regarding when exactly an artist needs a manager, they generally fall into three areas

1) As early in the artist's career as possible.
2) Later on in an artist's career, at the point when the artist cannot get any further by  themselves or when the workload is too great and additional help is needed.
3) Never. An artist can do without a manager.
Depending on where you are in your artist career as well as your philosophical outlook regarding managers, one of these three schools of thought will initially appeal to you as an artist.

Let's take a look each one. 
1) Management - As early in the artist's career as possible.
If you are highly disorganized, lack a general business sense, find it difficult to focus on long term goals or be consistent, hate to read music books, lack financial resources, have had very little success on your own, and know very little about the music business, you should probably seek management as early in your career as possible. You will need a manager very early on in your career to develop a game plan for you so that you can avoid making mistakes that may be difficult or impossible to undo later. 
 
For this option to work, however, the manager you seek should absolutely LOVE your work, be honest, committed, patient, organized, hard working, and knowledgeable about all aspects of the music business. This manager will probably have some first-hand experience in the business and much of their knowledge will be gathered from previous management deals, reading most (or all) of the music business books and resources, getting information online, asking questions on forums, talking to industry personnel, attending seminars and conferences, etc. 
 
They will probably not have extensive high-level contacts in the business or a major label-related track record to speak of, but they should have the drive and determination needed to expand their network of contacts quickly.
They will (or at least should) have a steady source of income (either from other acts or another job) and be willing to work with you for quite some time without the expectation of a commission (even though one is provided for in the Artist / Manager Contract). Your understanding should be a contract spelling out the details of the relationship. Keep in mind that in the early stages of your career, most "A-level" managers will not be interested in an artist who isn't signed (or about to be signed) to a major record label or publishing company. 
#2) Management - Later on in an artist's career, at the point when the artist cannot get any further by themselves, or when the workload is too great and additional help is needed.
If you are highly organized, business oriented, find it easy to focus on long term goals, love to read music business books, have some financial resources, have had some musical success on your own, and know a lot about the music business, you should probably self-manage to begin with and seek management later on in your career when the workload becomes too great and you have gone as far as you can go alone or when a major record label deal is pending.
Many A-level managers prefer that artists wait until later on in their careers before signing with a management company (preferably theirs and usually when a major record deal is pending).  Naturally, they would prefer that you don't sign with any management companies until they are interested in signing you. It is important to remember, however, that most of these A-level managers won't want to sign you unless a major label deal is pending or already under way. Besides that, there aren't enough of these managers available to sign every single one of the thousands of artists that deserve to be signed at that level. 
 
Waiting to sign with a manager later on in your career can present some other problems. One problem is that unless you are extremely organized, committed, and well-read, you are likely to make many mistakes on your own since there is nobody around to play "devil's advocate" with you on ideas and strategies. Yet another problem is that down the road, you will tie the hands of the manager with any bad decisions that you have already made, including image development and your "sound" as an artist, as well as all deals that you have already signed (recording, publishing, licensing, merchandising, etc.). A manager may be unable to get you out of any bad long-term deals you may have signed without their counsel (read "career", not "legal").

#3) Never. An artist can do without a manager.
 
Some artists (especially those that have either had a bad management experience themselves or have heard of someone else who has) believe that an artist can do without a manager. It is possible (and doable), up to a certain point, to conduct your own affairs without employing the help of a manager. 
 
It is important, however, to recognize that many industry professionals prefer to speak to a manager instead of directly to the artist. Part of the reason for this is that artists are likely to take things very personally in one-on-one discussions with industry people. Many artists see things from an emotional point of view when the discussion is being framed in business terms and can't separate themselves as human beings from their music as product. In addition, some record label A&R reps prefer to see a committed team of professionals (e.g. manager, attorney, promoter, publicist, and booking agent) surrounding the artist, since this indicates the presence of a well-organized team that makes an investment of millions of dollars seem less risky. 
 
It is much easier for a manager to play "bad cop" in situations where a deal has to be re-negotiated or turned down. The manager can act as a buffer in many instances and force people to go through them in order to reach you. That way, scam artists are less likely to present managers with shady proposals. There is also not enough time in a day for an artist to do everything by themselves. 
 
All-in-all, a well-connected, knowledgeable, and honest manager can be an indispensable asset to an artist under the right circumstances.
THE QUALIFICATIONS OF A MANAGER
Now that you have a good idea of what a manager is, does, and when to hire him, lets turn to the next obvious question, "Who can be a manager?" the answer is really simple "anybody" Some universities have recently started offering courses on the music business, but there are few requirements or qualifications if any a artist manager must meet. On the whole artist management is open to anyone interested in getting involved.
 Often a die hard fan, friend or relative may serve as the artist manager rather than seeking someone whom he has not had a prior relationship. This is understandable, but it may not be the best career choice for the artist career. Often a friend or relative while being well meaning will not have the qualities, knowledge, experience, or contacts to provide a professional level of management to the artist. There is also a real danger that because of the close personal relationship, a friend or relative will not stand up to the artist and say no when firmness and objectivity are required. A " Yes"  man may be a asset to the artist ego, but is of no value in meaningful career develop. This is not to say a friend or relative may not prove up to the challenge, but consider their strengths and weaknesses carefully before committing to this choice. remember that record executive its business first for him and it must be for you as well.  Keep in mind the many area's of involvement in the managers career and the best qualities for the job at hand. A good manager will be organized, professional, knowledgeable, able to develop and implement a game plan for the artist and to oversee all areas of the artist career at the same time.
MANAGER COMPENSATION  
Managers are normally paid on a commission basis. Managers currently charge around 20 to 25% of the artists gross income, that is your total income before your expenses are deducted. Your booking agents commission is considered an expense, therefore your manager's commission is in addition to the agents commission. On the average your manager will probably agree to 20%, but the wider the range of services the manager offers  the more you should expect to pay. The artist may be required to pay reasonable expenses incurred on their behalf such as phone bills, mailings, promotional materials, etc. The terms of compensation should be clear in the artist management contract.
FINDING A MANAGER
Perhaps you've begun to attract some local attention and are considering making a recording. Perhaps your finding it more difficult to keep up with things and you wish you had someone to offer advice about your next career steps. Once you've decided that you are ready for management, there are several ways you can find a manager. You should first take stock of what you have to offer (besides your talent). It helps to have a good idea about yourself and your style. Don't expect managers to be able to perform an assortment of miracles all by themselves. You have to come to the table with some elements in place and be willing to work hard to formulate the rest. A manager can help you articulate your vision, find others that believe in you, and get you into the hands of interested and successful music industry professionals.
Once you are sure you have something to offer, you can ask club owners, attorneys, publicists, recording studio engineers, record producers, independent record label owners, and other artists that are signed if they have any management company recommendations. You can also find a list of managers from music industry print directories (e.g. the Musicians Atlas, the Indie Contact Bible, the Industry Yellow Pages, Pollstar, the Recording Industry Sourcebook, etc.) or online directories like the one at the Indie Managers Association and others.  Check with friends and other musicians for leads. 
 
Pay close attention to the submission policies of the management company before mailing anything out. Some managers will only accept solicited material (material submitted to them from known sources). Others are willing to accept unsolicited materials, while still others prefer you to call or email first. Do not violate these policies. It is almost always a good idea to call or email first before you send anything (unless they tell you not to call or email first). Contacting them before you send materials gives you a chance to talk to somebody and find out what they are looking for and what materials will be most appropriate to send. 
WORKING WITH A MANAGER 
The manager-artist relationship is a very important one, and you must be sure that a manager is the right fit for you (and vice-versa). Many times, a manager will approach you before you get a chance to approach them. This is not necessarily a bad thing, since it makes sense that you came to their attention by creating a buzz in your area, selling a lot of CDs, receiving radio airplay or great reviews, or putting on a great live show. If this is the case, they may know a lot about you and ask a lot of questions. 
Be wary of managers that don't ask a lot of questions about you, your goals, and your achievements. Don't be offended by these questions, since they only serve to identify areas of opportunity or career challenges that the manager should know about.
A sign of a good manager is that plenty of dialogue will take place before a contract is offered and signed. You should spend a lot of time discussing your short and long-term career goals and seeing how the manager can help you achieve them. You should ask what ideas they have to get you where you are trying to go. You should try to get to know each other and get a feel of how you will work together. You should also check to make sure that the potential manager doesn't have too many artists on their roster, and that they will have enough time to devote to your career.
A potential manager should like your type of music and be familiar with how an artist like you is promoted and marketed. It is extremely important to find a manager that is the right fit, and if you can't find one, you are much better off managing yourself until the right one comes along. 

Good managers are always in high demand and not easy to find.
If you find a manager that seams to fit the bill be sure you are compatible with each other before signing a long-term agreement you will be working very closely during the course of your relationship together. The average artist management contract is usually between two and five years in length.  Only accept friends, friends-of-friends, family members, etc., as potential managers if they have some experience in managing artists in your genre, have some industry contacts, and know how the music business works. These people are often well intentioned, but can cause more harm than good with what they don't know. In summary it is the manager's responsibility to work with all the various persons already mentioned in the coordination of their respective functions as they relate to the artist. The manager should be viewed as the artists personal representative, authorized to act in his behalf when dealing with these and all others in the entertainment industry.
When the artist negotiates with prospective managers, its important to discuss exactly what the artist expects the manager to do and what is not expected from the manager. Each party to the artist/manager relationship must understand the role of the artist and manager and the expectations shared by both. A clear understanding of these points is an absolute necessity to any meaningful and lasting professional relationship.
THREE SIMPLE BUT PROFOUND PRINCIPLES OF SUCESSFUL ARTIST MANAGEMENT
1) Talk is substantially more plentiful and far less effective than action.
2) You can never know enough people in the music business, unless they have a bad opinion of you then one is too many.
3) No one has yet to come up with a satisfactory substitute for talent, hard work, imagination, and persistence.
THE AGENT
The booking agent as mentioned is often confused with the manager. The competent agent finds out which buyers need acts, when they need them, and under what kinds of budget constraints. The good agent is familiar with  all venues in his area and works closely with other agents in areas outside of his coverage to employ his artists. It is the agents responsibility to negotiate and issue booking agreements or contracts, collect deposits, send out promotional materials, and plan a sound tour route. An agent may also set up press and other media interviews, and make road arrangements depending on your agreement with him and if you have a road manager or tour manager. Although agents may perform some managerial functions and vice versa it is best to understand and define your needs before entering into any agreements.
A band just starting out needs to keep working. Trying to get gigs for yourself or your band can be about as much fun as paying taxes...Well, maybe not THAT much.
The fun part is when you get your phone bill. The cost of promotional materials, mailings, etc. That's when you realize why the booking agents charge about 15 to 20% for their services. Getting the phone numbers to the club, finally getting someone on the phone, (just to find out that you're not calling the correct number for bookings,) calls regarding production, more calls to get info on media, radio stations and anything else can put you into MA BELL kind of deep, not to mention the time and effort involved. Establishing connections and knowing the market is the name of the game.

That's what the booking agents are charging for, the information and the contacts.
It takes years to cultivate the relationships and info required to adequately approach the brick wall of booking a band, not to mention knowing what to say once you get the booking person on the phone.

If you have ever tried to book your band yourself, you've probably found out that there's more to it than just calling some club and asking for a date. It used to be that a band could make a few calls, throw their shit in the truck and tour the country making anywhere from $100 - $200 per night just because they were a band willing to travel.. NOT ANY MORE!

AGENT COMPENSATION
Agents are normally paid on commission, as mentioned the going rate is around 15 to 20% of your fee, or sometimes they will charge their expenses for phone calls and mailings, etc. plus a fee if you have a low earning potential. Payment is usually made in one of two ways. If there is a deposit, it is normally one quarter to one half your fee, and the agent will deduct his fee from the deposit after the gig is played and the band gets the balance of the deposit plus any remaining monies due from the club after the gig.. If no deposit is involved you may send a check to your agent after each gig, tour, or on a weekly, monthly basis as agreed upon when signing with the agent.
FINDING A BOOKING AGENT
At this point your band should have a good idea of the kinds of places you want to play at, and the type of gigs your interested in, but you may not have the experience, the time, or the contacts to get those gigs. That's what the booking agent is for. Once you are working on a regular basis, it should build the bands confidence, helping to keep everyone committed to the band and to focus on larger goals.
Until you start to develop a reputation and have played a reasonable number of gigs it may be hard to find a booking agent interested in working with you, but begin by looking in music related publications, on the Internet, alternative papers, the phone book, and word of mouth. Many of the best agents and managers do not advertise as they are already busy and that's a good start. Talk to bands a step or two ahead of your level and inquire about their agents, are they happy with them and do they get good gigs. Be sure to find an agent that handles the type of music you are performing.
When your band is ready to meet with an agent appoint a band spokesman to make contact with the agent, offer a complete your promo package with a CD or tape, bios, pictures, press reviews, and any other relevant materials and ask when you can check back to see if the materials were received and reviewed. Be sure to find what services he performs, what his fee is, and if he works on an exclusive or non-exclusive basis. (whether he will be your sole agent or you can hire additional agents to work with you). If you are unsuccessful in obtaining an agent at first you might want to consider hiring an enthusiastic friend or loyal fan whom you can train to do your booking. 
At this point your band should have a good idea of the kinds of places you want to play at, and the type of gigs your interested in, but you may not have the experience, the time, or the contacts to get those gigs. That's what the booking agent is for. Once you are working on a regular basis, it should build the bands confidence, helping to keep everyone committed to the band and to focus on larger goals.
DISCLAIMER:  This information is offered as an educational and informational tool only, and should not be relied on as legal advice. Applicability of the principles discussed may differ substantially in individuals situations. If you need specific legal advise you should consult an attorney.
 

Tips on how to get gigs for your band

Trying to get gigs for your band can be an exacerbating experience, much like doing your taxes or going to court for a ticket.

One fun part is when you get your phone bill. That's when you realize why.the booking agents charge a hefty 10 to 15 or 20% of a gig "just to make a few phone calls". Getting the right phone numbers to the club often is no easy task, finally getting someone on the phone, (just to find out that you're not calling the correct number for bookings,) calls regarding production etc, more calls to get info on media, radio stations and calls to band members, close fans etc. The time spent on the phone over just one booking can be unreal. Establishing really good connections with venues, booking agents, club owners, other bands, local media and press is the name of the game.

That's what the booking agents are charging for, the information and the contacts.
It takes years to cultivate the relationships and info required to adequately approach the brick wall of booking a band, not to mention knowing what to say once you get the booking person on the phone. the best way to market your band to the venue is key to getting gigs.

If you have ever tried to book yourself, you've probably found out that there's more to it than just calling some club and asking for a date your band can play on. It used to be that a band could make a few calls, throw their shit in the truck and tour the country making anywhere from $100 - $200 per night just because they were a band willing to travel.. NOT ANY MORE!

With the stupid ineffective drinking laws that went into effect all around the country, club business has taken a nose dive that, coupled with the glut of new bands makes it almost impossible to get gigs unless you're SOMEBODY. Clubs look for a known or familiar name and a band with a large fan base that can produce people for their shows.
It used to be that a band with a record out was something special. Now almost every band has a release out. Every band is on some INDIE label these days.  What makes you special now, is what your record is doing . Is it selling? Is it in local stores? Is it being
played on the radio? Is it being played on college radio? Where is it on
CMJ?  - HARD REPORT?- ROCKPOOL? - BILLBOARD POP 200 YET?  How are your
numbers in POLLSTAR?  Do you have any press, and if you do, what kind of
press.  SPIN?  ROLLING STONE? BILLBOARD?  NY TIMES?  ARE YOU DRAWING
BIG CROWDS???

Now you may be saying to yourself " we're just getting started" . Yeah, well that just means you're that far behind the bands that DO have those kinds of credentials.(and there are a shit-load of them out there too!)

I'm not saying you're not as good, just way behind. That's exactly the stuff club owners and promoters are looking for in the bands they're giving the jobs to. There are bands on MAJOR LABELS with killer college airplay begging for opening act slots!


 Ask yourself. Why should a club owner book you or your band? Because you're good? Hell! There are tons of bands out there that are good. Because you draw a crowd in your home town? So What! What does that mean in THEIR town? Because you'll play for cheap? He's got a list of 30 to 50 bands that will play for FREE! (And a few that will pay him to play) You've got to be special in some respect, and you've got to figure out a way to get the
booking person to give you a chance to show what your band can do. You've got to
show him how you can start drawing crowds to his venue as well as put on a killer show.

I know it seems like just the easiest thing in the world to keep up with what you're doing, but it can get confusing and a mistake (double-booking / non confirmation) can be costly. Even more so if your booking a tour for your band. To book your band successfully you must be persistent, professional, have a killer press kit put together, and be well organized.   I like to personally use those big month-at-a-time" desk calendars, one for each band as well as my computer to stay on top of things.  Make sure that you do your work in pencil. The calendar will mutate before your very eyes and it's better to erase rather than mark out things. For those of you fortunate enough to a computer you can use your CALENDAR program that does everything for you but it's still good to have that paper calendar as backup and to eye ball things.

Once a week, talk with everyone in the band about THEIR schedules. Find out from your band members how far in advance you can book something. IT'S IMPORTANT TO BE ABLE TO ACCEPT AN OFFER ON THE PHONE without having to call everyone in the band, then call the booking person back. If you're hesitant, the job may go to someone else
who's not. Make notes on the calendar regarding who can work & when. If someone is going to be completely un-available, mark it big so you don't
forget and book a gig.

Mark a gig with a (T) for tentative until you've actually got it, then erase the (T). You wouldn't believe how many mistakes take place because someone didn't understand that it was a firm deal. It also helps you to look at sections dates and think about routing. If the (T) is still there, maybe the gig can be moved or swapped with another band. Make sure your band members know about changes you've made.

Keep a phone log of every call you make. Mark the date, time called, number called, how long you talked, name of establishment and who you spoke with. This will get very tiresome but it's important. First it lets you look back and remember the conversation. Second, it helps to write down when to call people back. When a booking person says, "call me next Friday", they don't mean next Thursday . Third, you may not believe this, but the phone
companies' equipment actually makes a mistake now and again. Check your log against your phone bill immediately when you get it. Call the phone company right away and let them know about any discrepancies. Deduct the mistakes from your phone bill. Fourth, the log also gives you a record of how much money and time you're spending on the phone so that when you DO get a gig, and it DOES pay you some money, you can reimburse the booking person. Start Building a contact file from these records to save time in the future.

Well now you've got some tools to use. It's time to make the call.

It's never easy to talk with a booking person who has no idea who the hell you are. Put yourself in their shoes for a minute. Imagine what's it's like to get 25 to 50 calls a day or more  from bands (and agents) that want to tell you how great they are, not to mention the other calls you have to handle about the bands that you DO book, plus talking with the press people, the flyers, merchandise people, the beer salesman, the radio station, the P.A. people, light crew, blah-de-blah, and so on and so forth. Hell I'm tired already . You really
don't want to blow anyone off, but your also tired of hearing the same old bullshit. Who do you think invented the answering machine?  A fed-up club owner!  Keep in mind that these people are busy people. Don't take up any more of their time than absolutely necessary. Let your tape and credentials do the talking. USE A PROFESSIONAL PRESSKIT and get it in the hands of the right person.

Then call them at a good time. WHEN: The best time I've found to call for a booking is between 1 PM and 5 PM. It's different for everyone, but most club people stay up fairly late
in the AM and don't get started with their business day until the afternoon. It's not the best time to try to talk business when they just got up and walked through the door.

MAKE THE CALL If you get an assistant : Identify yourself, give them your name and which band you represent. Tell them that you're calling about booking a gig for your band. Most probably, the assistant will tell you right off that you need to go ahead and send the DEMO and the PRESS KIT. Don't try to get any further at this time. The assistant is there for a reason. Don't piss them off! They can be your best ally, or they can be your worst enemy. Thank them for their time and ask if you could get the correct mailing address to send the press kit and demo too and whose attention should it be sent too as well .

ALWAYS Be polite.

Ask them when a good time to try to reach the booking person would be so you can call back after they get the info. Don't try to sell yourself to the assistant. Be relaxed, be yourself , but don't try to be some hot-shot booking agent type. If you get the real booking person, identify yourself and band. If your band has been playing out for awhile, ask them if they're familiar with the name. If they're not, give them a VERY BRIEF description and a credential or two.

EXAMPLE: "Hi! this is Jim and I'm with a band called the Evil Demons,
 Are you familiar with them? ("no") Well, we're an hardcore band
out of New Jersey and we've been playing around the Tri state area. We have a good fan base, great press and  We're trying to expand out to some other areas like..(his town's name)" and we were interested in talking with you about a possible date.

If you have any air play on stations that service their area, mention it.
"Yeah, they're playing our cd on WSOU and we thought it would be a good
time to try to do some shows in your area" (Club Owner "yeah, well we're kind of booked
up right now")  Reply "I understand,  but would it be all right if I just send you some
info and a CD on the band, we're trying to schedule some shows in your area right now for blah-de-blah week, and maybe we can put something together for then that would benefit us both."

Try to make the first contact as brief as possible if they're un-familiar with your group. If they have heard of you , don't try to impress them with statements like "REALLY?". The proper response would be "Good!" then go straight to the "looking for a date" mode.

When they're ready to talk with you about a booking, (if you're kind of new band ) they usually don't come right out and offer you the date. Instead, they'll probably want to look at their calendar and check out some possibilities. Cross check available dates of theirs with available dates of yours to determine the time frame. Have your calendar ready. KNOW your open dates. If the only dates they have open are booked for you, determine if their
date is more desirable to you. Don't cancel a premium money date for a so-so opening act slot unless you feel like that's the only date they're going to be able to offer you.

Some venues are so hard to get into that it's wise to accept anything! You may have to wait 6 months for another offer. If they offer you one date, chances are they'll offer you another, but when? Sometimes it's tough to determine if you should take one date over another date. Talk it over with your group. Ask some other bands that have played the new venue how they're doing at this place. An opening act slot in front of say, Slayer may look great until you find out that no one goes into the club until the headliner goes on. You have to weigh a lot of factors. You won't always make the right decision, but it's not the end of the world if you fuck up. There will be other opportunities. Keep the long-range big picture in mind. When
they say they have the such and such date open, and YOU have that date open too, then you say "yeah, we could do that date, let me get some information from you."

NOW THE MONEY!!! No one knows exactly what to ask for when you do your first deal with a new club.. It takes a series of maneuvers and posturing to actually arrive on a deal. My favorite line is "now what kind of money can we do on this date?".

It's short and to the point. It also throws the ball into their court. To which most of them will respond "I don't know, what do you need?".KNOW HOW MUCH IT COST YOUR BAND TO PERFORM,  Review  the venue size. Ask what that night of the week is like as opposed to other nights. Try to price yourself the first time in such a fashion that will guarantee your expenses, and if you have an unusually good attendance, you'll get some bonus money. Ask the booking person what kinds of guarantees they are able to offer for a first time in. A good rule is " the lower the guarantee, the higher the percentage". Some clubs have strict
policies regarding guarantees and you just have to accept them or not. If the deal they're offering is bullshit, you may want to go along with it just to establish yourself. Once you're established as a draw or a favorite act, the deal can be adjusted. Some clubs have built in audiences that are going to be there no matter who's playing. Don't try to tap the clubs
already established income. Try to get your pay determined by the ability of your band.

Most booking people that are professional will most likely give you a suggestion on exactly what to do if they don't have anything for you. If they don't, tell them that you'll give them a call back after a while ( 2-3 weeks should be sufficient). If you get the same thing again, it may be that the guy just doesn't want to take the time to try you out for any number of reasons. Maybe he didn't like your tape. Maybe he liked it but only ' OK'. Maybe he's had a bunch of bands like your band play recently and he just doesn't want to do another band like yours again. Maybe he just doesn't want to deal with new bands this week. Maybe he didn't get laid last night. There are tons of reasons why they may not be offering you a date.

Again, don't pester the shit out of them. Ask if they listened to your CD. Try to go over some bands that your band would go well with.  Bands that regularly play that club and ask when they're scheduled back in there. Tell them how much you want to play their market and you REALLY want it to be in their club or venue. Ask them if it would be ok to call back in "a
week or so". If they say yes, thank them and let them go. Mark it on your calendar when to call back and even though you want to call back in three days, DON'T. (unless something comes up) If some unusual show happens to come up that your band would be good with, go ahead and call. Always be professional on the phone and in person.

 
OK Start booking that tour ... and Good Luck!

THE MUSIC BUSINESS TODAY

The music industry is changing, and it has changed in the last few years. The music business is in serious transition now. The days of effectively shopping an artist to record companies is coming to an end. Retail stores are slowly going out of business. Record Sales are down. So what hope is there for artists now?

There is huge potential for artists! It's a fantastic time, but the music business has changed. It is no longer cost effective or even smart for a record company to sign a new artist, spend tons of money on retail promotion and maybe see the same money back that was invested. It simply doesn't make any sense. We are living in a digital world now and we must start to prepare for it. That means that instead of being discovered (old school music business) you must truly be independent and become the aggressive entrepreneurial artist now (new school music business).

You must educate yourself about the new ways of doing business in music and rise to the occasion. Only the strong will survive now and I firmly believe that only the smart will have longevity. We must become Internet marketers and learn how to drive traffic to our web sites and partner with other forward thinking music moguls, managers, promoters, and creative thinkers. The 'geek' can truly inherit the earth. There is a bright future if you want to embrace the new world of the music business. But you must do away with the old school ways and prepare for the new day. It is upon us.

"A&R" traditionally, has stood for "Artist & Repertoire", a term for record label reps who are designated the task of developing acts, honing their skills and pointing them in the right direction. This is fast becoming an antiquated idea. That labels are developing artists at all is now barely something to be entertained. From here on out, as far as you, the indie artist are concerned, "A&R" should now stand for "Armed & Ready". You are about to enter a new musical arena, and you will need as much information that pertains to this new state of play as you can possibly get.

A  fellow artist manager said to me a while ago, "Jim, from here on, try not to sign record deals for your artist, but license their music to different territories and keep the  masters. Look for interesting ways to get your music to the masses. The Internet, sales at live venues, TV, movie, ring tones, jingles, etc". This was sound advice and is the new direction.

And my personal advice to your band is to build your fan base. Have people sign up on your mailing list at gigs, and build your database. Study Internet marketing and ways to get traffic to YOUR web site. Use remote sites (such as MySpace.com, Facebook, etc.) to attract new fans and get them to signup on your list at YOUR web site. Understand that remote sites (such as My Space) may be out of business within a matter of years so you HAVE to work your own domain, but most of all your own opt in list. (Imagine you had 100,000 people on your subscriber list. You make a new CD and you can be guaranteed about 30,000 sales right out of the box!). Utilize timed auto responders to sell your merchandise to your fans. Automate all of this as much as possible so you can take care of the creative stuff.

Take control of your career's direction now. You have nobody to answer to you but yourself. Don't get left behind!

Music Contract Basics / Booking Agreements / Simple Contracts

Contracts - A Few Basics.. Get it in Writing!
A written contract:
- clarifies the agreement
- leaves less room for misunderstandings
- provides tangible evidence of the intentions of the parties if there is a disagreement
- is sometimes required for there to be an agreement at all (such as a work-for-hire)
- is more likely to be enforced by a court
- should be created to summarize verbal agreements

Contract = Offer + Acceptance + Consideration

(Contract Requirements)
Offer = What the parties are going to do for each other (Buyer hires Artist to perform for an event)
Consideration = What the parties are giving to each other (The parties agree on Artist's performance fee)
Acceptance = Usually signified by the parties' signatures (Artist agrees to perform for Buyer's event)

Cover the Basics – Who, When, Where, What, Why & How (Much)


Who are the parties to the contract?
When is the event?
Where is the event?
What are the specifications for the event? (Song requests, attire, set up time, etc.)
Why is Artist playing this event? (Wedding, concert, etc.)
How (Much) will Artist be paid for the event?

Understand the Agreement


It is important to know what is in the contract you are signing or presenting. Educate yourself about what the various clauses mean and/or have an entertainment attorney, personal manager, or someone with the proper expertise explain/review/revise the agreement terms. Entertainment agreements can be confusing to even attorneys who are not familiar with entertainment law, so you shouldn't expect to understand everything, especially in more complex agreements (i.e., management or recording agreements).


Typical Music Industry Contracts

Performance Agreements
Internal Group Agreements
Sidemen Agreements
Work For Hire Agreements
Mechanical License Agreements
Sample License Agreements
Publicity Release Agreements
Advisor Team Member Agreements (i.e., Manager, Agent, Attorney)
Producer Agreements
Distribution Agreements
Recording Agreements
Investor Agreements


Performing Agreements -The agreement used most by bands and agents.. Many performers, especially early in their career, agree to do live performances on a handshake or verbal agreement. While such agreements are legal, they are difficult to enforce. The more money involved in the performance, the more important a written contract becomes. It is advisable to have a simple standard contract for live performances and add special provisions in a rider/addendum to the standard contract when necessary. A performer should not be afraid to present a written agreement to a buyer -- the performer will look more professional and also will be more likely to get paid.

What to include in a Performance Agreement (a.k.a. Booking Agreement/ Engagement Contract):

Contract Basics


- Name and address of performer and buyer
- Date agreement was executed
- Date(s), time(s) and location(s) of performance(s)
- Compensation (fixed amount/guaranteed fee, percentage of door, whichever is higher, or both; advance/deposit; meals, lodging and transportation); who gets paid, when payment will be made and payment method. Note: Performers may want to ask for a portion of their compensation as a deposit. However, such advances should not be spent before the performance in case the show is cancelled, as the performer may have to return the money. It is also a good idea for performers to try to collect the balance of their compensation at the beginning of the show instead of at the end (ask for it and put it in the agreement if the buyer agrees to it). College and corporate gigs will usually provide meals, lodging and transportation, and benefits and public venue shows may not.
- Signature of both parties

Performance Details


- Nature of performance
- Number and length of sets to be performed
- Number and length of breaks between the sets
- Setup and sound check time
- Specific requirements/restrictions for performer/buyer (Announcing the performer, thanking a sponsor, attire or language, etc.)
- Other act that will be performing with you (i.e., opening or headlining act)/order of appearance; marquee billing order

Venue Details


- Admission fee/ticket price
- Capacity of venue
- Permits, licenses, insurance, security, royalties and taxes. Note: The buyer is usually responsible for these. However, performers should insure their own equipment and have permission/licenses to perform copyrighted material.
- Equipment, stage, sound, lighting and other technical requirements; who provides what and how
- Buyer's policy for food and beverage
- Right to sell merchandise on premises. Note: Smaller venues usually allow performers to do this with few, if any, restrictions (and performers often make a nice chunk of change from such sales). However, larger venues often have specific merchandise sales rules (and may also supply sales people).
- Right to record, broadcast/transmit, reproduce or photograph the performance and who controls/owns the reproduction. Note: The performer usually has the right to grant permission for such things.
- Advertising, press and publicity, if any. Note: The buyer usually has the right to use the performer's name and likeness to advertise and promote the performance. It's a good idea for the performer to provide the buyer with promotional materials and promote the show as well. An act with a bit more clout may also want to specify how and how much the buyer will spend on promoting the act, as well as any media/publicity limitations.

Other Issues

- What happens if the performance is canceled (whether it's the performer or venue's fault) Note: Usually neither party is penalized if a show is canceled with enough notice; however, it may depend on the type of show and can be handled in a variety of ways.
- Force Majeure/Acts of God such as weather or illness and other standard contract clauses
- Complimentary tickets/guest list, backstage passes, dressing room, agent terms, etc.
- The performer and the buyer should each retain a copy of the Agreement
- If a performer is not paid as agreed for a performance, small claims court may be the best option to collect the money (and potentially three times the amount as damages)


SOME SAMPLE CONTRACTS AND AGREEMENTS

BOOKING CONTRACT


     THIS CONTRACT, entered into on this ________________ day of ________, 20_____, is for the personal services of the Musician(s) for the performance described below.  The undersigned employer and the undersigned musician(s) agree and contract as follows:
1.                   NAME OF MUSICIAN(S):
2.             NUMBER OF MUSICIAN(S):
3.             NAME AND ADDRESS OF PLACE OF PERFORMANCE
                                                                                                                                 
4.             DATE(S) OF PERFORMANCE:
5.             TIME(S) OF PERFORMANCE:
6.             WAGE AGREED UPON:
7.             DEPOSIT:
8.                   PAYMENT OF BALANCE TO _____________________________________________
MADE IN U.S. CURRENCY OR CERTIFIED CHECK AT THE END OF PERFORMANCE.
9.             ADDITIONAL TERMS:
10.          This contract constitutes a complete and binding agreement between the employer and the musician(s).  AGENT acts only as agent and assumes no responsibility as between the employer and the musician(s).
11.          In case of breach of this contract by Employer, the Employer agrees to pay the amount       stated in Section 6 as mitigated damages, plus reasonable attorney's fees, court costs, and legal interest.
13.          The Employer agrees to be responsible for harm, loss, or damage of any kind to musician(s) person or property while located at the place of performance (Section 3 herein).
14.          The persons signing for Employer and the Musician(s) agree to be personally, jointly and severally liable for the terms of this contract.
___________________________________              __________________________________
for Employer                                                                         for Musician(s)
________________________________________________________________________________________________

CONCERT PERFORMANCE CONTRACT

            THIS ENTERTAINMENT AGREEMENT is made this _______ day of ________, 20____ by and between _______________________________________________(Buyer)
_______________________________________  (hereinafter referred to as the "Buyer") and the entertainer or entertainers, if more than one, listed on Addendum A attached hereto and included herein (hereinafter referred to as the "Artist"), by and through their designated agent or representative ("Manager") identified below.
            WHEREAS, Buyer conducts the annual event known as __________________ (hereinafter referred to as the "Concert"); and
            WHEREAS, Buyer desires to hire Artist, as independent contractor(s), to provide the entertainment generally described below (the "Performance") at the 20________ Concert; and
            WHEREAS, Artist(s) desire to provide such Performance at the Concert;
            NOW, THEREFORE, the parties agree as follows:
            1.         Entertainers:  The names and addresses of the Entertainers who will appear during the Performance, the amounts to be paid to each, and the Entertainer's social security numbers and union numbers, if any, are as set forth on Addendum A.
            2.         Manager:  The name and mailing address of the Manager, who is executing this Agreement on behalf of Artist(s), is:
     ____________________________________
     ____________________________________
     ____________________________________
     ____________________________________
            3.         Place of Performance:  The place of performance is at
            __________________________________________________________________
            4.         Date(s) and Time(s) of Performance: The date(s) of the Performance shall be ________________, 20____ and the time(s) of the Performance shall be _____________.  This Performance shall have duration of at least _______ hours.
            5.         Performance:  The entertainment to be provided by Entertainers is generally described as:
            __________________________________________________________________
            6.         Agreement to Perform: Artist(s) agree to provide the Performance in accordance with the terms of this Agreement and any addendums or riders hereto.
            7.         Price of Performance: Buyer agrees to pay Artist or his agent an aggregate of ________________ DOLLARS ($                     ) for the Performance by check immediately following the Performance, which check shall be made payable to the Manager.  Upon proper endorsement of such check by Manager, Buyer agrees to cash the check for the Manager.  The Manager shall distribute such amount to Artist(s) as agreed upon between them.
            8.         Recording, Reproduction or Transmission of Performance:    Buyer will use its best efforts to prevent the recording, reproduction or transmission of the Performance without the written permission of Artist(s) or Artist's representative.
            9.         Excuse of Obligations:  Buyer and Artist shall be excused from their obligations hereunder in the event of proven sickness, accident, riot, strike, epidemic, act of God or any
other legitimate condition or occurrence beyond their respective control.
10.        Taxes:  Buyer agrees to prepare and file all tax information required of a person who hires an independent contractor and Artist(s) agree that they have sole responsibility
for the payment of any federal or state taxes arising from the monies paid by Buyer to Artist(s) for the Performance.
            11.        Indemnify for Copyright Infringement:  Artist(s) represent and warrant that they are knowledgeable about the copyright laws of the ..:NAMESPACE PREFIX = ST1 />..:NAMESPACE PREFIX = ST1 />United States as applicable to the  Performance, and that Artist(s) shall not perform any copyrighted materials of others during Performance without full compliance with such applicable copyright laws.  In the event that Artist(s) breach this representation, warranty and covenant, Artist(s) hereby agree to INDEMNIFY AND HOLD HARMLESS Buyer and its employees, guests and agents from and against all liability, loss, damages, claims, and expenses (including attorney's fees) arising out of such breach.
            12.        Independent Contractor:  Artist(s) acknowledge that they shall perform their obligations hereunder as an independent contractor and not as an employee of Buyer.  Artist(s) further acknowledge that they are not on Buyer's payroll and social security or tax withholding rolls.  Artist(s) shall have sole control and direction in the conduct of the Performance.
            13.        Merchandising:   Artist(s) shall not, during the 20___ Concert sell any goods, products, merchandise or services (other than the services provided herein) on the grounds of the Concert.
            14.        Promotion:  Buyer shall be entitled to advertise and promote the appearance of Artist(s) at the 20___ Concert and the Performance.  Artist(s) acknowledge that Buyer will rely on the terms hereof in all such promotions and advertising and in the brochures to be printed setting forth the names, dates and times of all performances to be held at the 20___ Concert.  Artist(s)
hereby acknowledge and agree that Buyer may use their names, photographs, likeness, facsimile signature and any other promotional materials in all of such promotions, advertising or other activities used to increase attendance at the 20___ Concert.
            15.        Parking:  Buyer shall provide parking space for vehicles in a location of close proximity to and with direct access to the backstage area where Performance will take place on
the date(s) of Performance.  This parking space will be reserved for Artist(s) for a period of four (4) hours prior to the Performance and ending  three (3) hours following the Performance.
            16.        Security:  Buyer shall provide security for the backstage and stage areas before, during and after the Performance.  Buyer shall provide security personnel to protect Artist(s) and their property as deemed appropriate by Buyer in its discretion.
            17.        Passes:  Buyer shall provide identification passes to Artist(s) and Artists assistants for the backstage and stage where Performance is to be held.
            18.        Stage:  At its sole expense, Buyer shall furnish the stage, and stage lighting, sound and power for the Performance, and Buyer shall provide all stagehands required to assist the setup for and conduct of the Performance and takedown after the Performance.
            19.        Dressing Rooms:  Buyer shall provide Artist(s) with one private dressing room, which will be clean, dry, well lit and air conditioned.
            20.        Authority to Execute:  The Manager who is executing this Agreement on behalf of Artist(s) hereby warrants and represents that he has the full power and authority to bind Artist(s) on whose behalf he is executing this Agreement and acknowledges that he is making this representation and warranty with the understanding that Buyer is relying thereon.
            IN WITNESS WHEREOF, this Agreement is executed on the date first above written.
BUYER _______________________________________
By: _______________________________________                             
MANAGER _____________________________________
By:_____________________________________                           
Title: ___________________________________
ADDENDUM A
List of Artist(s)
NAMES & ADDRESSES OF ENTERTAINERS                 SOCIAL SECURITY/UNION NO.
____________________________________                     __________________________
____________________________________   
____________________________________                     __________________________
____________________________________
____________________________________                     __________________________
____________________________________
____________________________________                     __________________________
____________________________________   
___________________________________                       __________________________
___________________________________
_____________________________________________________________________________________________

ARTISTS' MANAGEMENT CONTRACT
Date:_____/_____/_______ 
Artists' Manager: ______________________________________________
Address:                _____________________________________________________
City & State: __________________________________________________
Gentlemen:
1.        I hereby employ your agency as my sole and exclusive personal representative, agent and adviser for the term commencing on the above date and continuing thereafter for a Period of
                                                                         year(s) throughout the world.(Not to exceed 7)
2.        As such personal representative, agent and adviser your duties shall be the following: to use all reasonable diligence and make all reasonable efforts to assist me in negotiating for and procuring employment wherever my services may become available to accept such employment: and whenever reasonably requested so to do by me, to consult with, counsel, advise and assist me in all matters relating to my professional interests, which professional interests shall be deemed to embrace all branches of the entertainment business including particularly the motion picture, radio, theatre, phonograph recording and television industries, and including also all other media of entertainment now in existence and hereafter developed, invented or discovered.
3.  You hereby accept this employment and agree to perform your required services for me during the term hereof. It is expressly understood and agreed, however, that you shall have the right to render your services to other persons, either in a capacity similar to that in which you are hereby employed by me, or otherwise.
4.  As consideration to you for your acceptance of this employment and for your agreement to perform your required services for me hereunder, I agree to pay you, as and when received by me, a sum equal to
                                                                                                                                                                                (Not to exceed maximum rate shown on fee schedule.) per cent of all compensation (including salaries, earnings, royalties, bonuses, shares of profit and all other direct or indirect forms of income from my professional interests) earned and/or received by and/or accruing to me during the term hereof. As a further part of your consideration hereunder, I also agree to pay you, as and when received by me, a sum equal to the percentage set forth above in this paragraph of all compensation (as above defined) earned and/or received by and/or accruing to me after the expiration of the term hereof, for as long as I shall either directly or indirectly be employed or receive compensation under any employment or contracts entered into and negotiated for during the term of this agreement and/or under any renewal or extension of any such contracts and/or employment and/or under any employment and/or contracts entered into by me at any time in substitution or replacement of any employment or contracts entered into prior to the expiration of said term. Payment to you of the consideration specified in this paragraph is not conditioned on your obtaining employment for me, and said consideration shall be paid to you regardless of whether or not employment with respect to which the same is computed by you or by me or by anyone else.
5.        It is agreed that if you shall submit to me a bonafide offer in writing and I fail to accept such offer, within the term of this agreement, but thereafter, and within a period of six (6) months from the date upon which you submitted the offer, I shall accept an offer on substantially the same terms, then in that event it shall be deemed to have been consummated during the term hereof and you shall thereupon be entitled to compensation thereon as herein provided.
6.        I hereby authorize and empower you to collect all checks and monies due and payable to me as compensation earned by me as aforesaid, to endorse my name to said checks and to deposit said checks and monies to your bank account, to retain the percentage of my said earnings due you as aforesaid and to pay over the balance to me, hereby appointing you my attorney-in-fact for the aforesaid purposes.
7.        If throughout any period in excess for four (4) consecutive months during the term hereof I do not receive a bonafide offer of employment from a responsible employer and if throughout such period in excess of four (4) consecutive months I shall at all times be ready, able, willing and available to accept employment, then upon the happening of both such events either you or I shall have the right to terminate this contract by forwarding to the other of us a notice in writing to that effect, which notice shall be sent by registered mail addressed to the other party to his or its last known address. However, should I receive such an offer of employment subsequent to the expiration of the four (4) month period and prior to the giving of said notice, neither of us shall have the right to terminate the agreement under the provisions of this paragraph.
8.  Controversies arising between us under the Labor Code of the State                                                    and under any valid and lawful rules and regulations prescribed by the Labor Commissioner of the State of                                                      for the enforcement thereof shall be referred to said Labor Commissioner of the State of                                                               as provided in Section                        of said Code and the procedure thereon and the appeal therefrom shall be as prescribed and provided in said Code.
8.        I acknowledge that no officer or representative of your agency has any right or authority to make any statement, representation, promise or inducement which is not hereinabove expressly set forth, and that this instrument constitutes the entire contract between us.
9.        The execution hereof by you and myself will constitute this instrument a valid and binding contract
between us and this instrument may not be amended or changed in any respect except by written instrument executed by both of us.
Very truly yours,
                                                                                                               
ARTIST
                                                                                                               
ADDRESS
AGREED TO AND ACCEPTED:                                       DATE:                                                   
                                                                                                                 
ARTISTS' MANAGER
BY:                                                                                                         
________________________________________________________________________________________________

ARTIST - RECORDING COMPANY CONTRACT

ATTACHMENT S - NON-EXCLUSIVE SONGWRITING CONTRACT.

1.  SONGS.  Each ARTIST agrees to write employee-for-hire songs to be recorded by RECORDING COMPANY.
2.  SONGS RECORDED BY RECORDING COMPANY. Each song written by one or more of the ARTISTS which (a) RECORDING COMPANY states in writing it will record and actually does record with in 30 days after making the statement, or which (b) RECORDING COMPANY does record without having previous made such written statement, shall be deemed by the parties concerned (the songwriter(s) of the specific song(s) and RECORDING COMPANY) to have been written by the songwriter(s) as employees-for-hire for RECORDING COMPANY.
3.  LIMITED EXCLUSIVE & NON-EXCLUSIVE PROVISIONS. This agreement concerns only songs described in (a) and (b) of Paragraph 2, above. Other songs and the rights thereto may be dealt with by their respective songwriter(s) as such songwriter(s) may desire. Song writer(s) may, but need not, assign copyright and other rights in such other songs to RECORDING COMPANY'S publishing companies.
4.  GROSS RECEIPTS. RECORDING COMPANY shall pay to the respective songwriter(s) of each respective song fifty (50%) percent of gross receipts received by RECORDING COMPANY due to each respective song - this will be called the "songwriter's half." If more than one songwriter have written a song, then the "songwriter's half" shall be shared equally by all the songwriters of that song.
5.  PERFORMANCE RIGHTS SOCIETY. Each songwriter is hereby authorized to assign to either ASCAP or BMI, whichever he may from time to time belong to, those rights which are assigned to the respective performance rights society under the usual contract in use at the time each respective song is written. Each songwriter may collect and keep ALL< U>monies which the respective performance rights society may pay to such songwriter from time to time. RECORDING COMPANY shall keep all monies which performance rights societies may from time to time pay RECORDING COMPANY (and the provisions of Paragraph 4 concerning paying the "songwriter's half" to the songwriter(s) shall not apply).
6.  ROYALTY STATEMENTS. Royalty statements shall be rendered by RECORDING COMPANY concerning those songs for which "songwriter's half" amounts are payable to each songwriter to whom money is payable. Each statement shall show the name of the song and the amount per song, and the totals. If RECORDING COMPANY desires to report more information, it may do so. If a songwriter desires more information, he may audit the books and records of RECORDING COMPANY which pertain to each song written or co-written by the songwriter. Royalty statements shall cover January-June and July-December periods, and shall be rendered within 75 days after each respective half-year period. Royalty check shall accompany statements.
7.  FURTHER DOCUMENTS. Concerning each song, the respective songwriter(s) and RECORDING COMPANY may, if both desires enter into a relationship other than this employee-for-hire relationship. The parties anticipate that this may be done after respective songwriters have passed their 21st birthday; however, no promise or representation that this will be done is intended or made. Each songwriter agrees to execute all documents to carry this agreement into effect, and to sign no documents with any publisher which will in any way interfere with this agreement. Specifically no other publisher shall be given any rights to any song covered by this agreement. In the event any songwriter signs any exclusive songwriter contract with anyone, the songwriter shall insist upon such contract honoring the provisions of this contract and giving precedence to the provisions of this contract.
8.  RECORDING COMPANY'S PUBLISHING FIRMS. RECORDING COMPANY shall decide which song shall go into which of its publishing firms as long as the writer of the song belongs to no performance rights society. Thereafter, the song shall be placed in the publishing company which is affiliated to the performance rights society with which the songwriter is affiliated.
RECORDING COMPANY:                                                                 
ARTISTS(S):                                         _________________________________________________________
also referred to herein as songwriter(s)
_______________________________________________________________________________________

DISCLAIMER:  This information is offered as an educational and informational tool only, and should not be relied on as legal advice. Applicability of the principles discussed may differ substantially in individuals situations. If you need specific legal advise you should consult an attorney.