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Demystifying Artist Contracts

Based on a workshop presented at Pacific Contact by Phyllis Stenson of the Harrison Festival

INTRODUCTION
The following is to assist presenters with issues around artists' contracts. It also provides guidelines to ensure that events go as smoothly as possible.

Our appreciation goes to member Phyllis Stenson for sharing her experience and ideas. We have extracted, verbatim, Phyllis's comments from a workshop at Pacific Contact 1997 to go with the actual samples.

Phyllis has been the artistic and executive director for the Harrison Festival of the Arts for the past twelve years.

There are a lot of advantages to using your own contracts, especially for smaller presenters: you can set your own terms and conditions, and you can be specific to your venue, so the performers don't have any surprises when they arrive.

We issue around fifty contracts per year. It is very rare that we get a contract from an agent. We may get two per year. It's worked very well. We've never had any legal disputes or any questions about what the terms are and what the expectations are.

We actually call it a Letter of Agreement.

LETTER OF AGREEMENT
Tips
We like to know if they are in a union. There is a program through the Musicians' Union where, if you are presenting free performances, you get a subsidy from them. If the performers are union, a lot of times we pay directly to a Union as well.

We always ask them to list all the names of the performers and addresses on the back of the contract. That way, we know who's coming, so if they sign this letter of agreement, we should be able to expect the people they have listed to come. Always put the number of people you are providing accommodations for. Often a group of five will show up and expect accommodations. Get this negotiated up front.

We also put the length of the intermission, because we've had groups jump back on stage in ten minutes and nobody's ready, or their breaks are too long. Therefore, we like to specify as much as we can.

We are going to compensate the performers for the above performance date as follows, and leave lots of room so we can get really specific. We are going to pay the performer "twelve million dollars" and in "US funds." We are also going to specify that we are going to pay for the work permit fee, which is "450 dollars in Canadian funds," and provide accommodation for "four people."

We are also going to provide ground transportation from Vancouver to Harrison, and return.

Specify if taxes are included, such as the GST. It is important to get the GST number. It could affect your cash flow if it is a big performer's fee.

There shouldn't be too much of a problem if some kind of legal issue comes up. You should be able to sit down and negotiate. Provided the performer fulfills the obligations set out in the agreement, a cheque for the full amount is agreeable to be paid immediately after the last scheduled performance.

No recording or filming of performances: this is very important. We've had quite a few instances where people have sneaked their flash camera into one of our indoor venues (or a camcorder). We put up signage and are very careful about that. People don't understand that they shouldn't be videotaping.

See a full page view of a Letter of Agreement

STAGE PLOT
Tips

Many groups these days have computerized text set-ups, and that's great. At the same time, this is still quite a valuable piece. Sketch out stage plot so that when they come for their sound check, everything is all set up and we know where it is supposed to go.

Arrangements will be made well in advance for a sound-check time. Go over the equipment.

The biggest changes we've made in the tech and info sheet over the years is taking stuff out of it - the idea being not to provide an easy way for people to ask for stuff we don't have - just talking to them solves most of the problems.

Certainly we want performers to feel as comfortable as they can because you're going to get a good performance, and the audience is going to be happy, and the performers are going to be happy.

See full page of a Stage Plot

TECH INFO SHEET

Tips

Before the performers arrive, make sure the equipment works.

Get the name, address, and contact for the tech (may be different from the one on the contract).

I plan to use "your" but I am "bringing." If you have any special instruments or amp requirements, arrangements must be made with us in advance, please list the requirements below.

Do you need a translator, and what language? We are getting international groups. We were pretty green; the people arrived and we couldn't talk to them!

Have you released any albums or cassettes? We like to know what their product is. Will you be bringing them to sell? A "yes" or "no." Please see accompanying letter for festival policy on selling records. Be clear who is selling the product, and commissions. Take an inventory and get an invoice to sign for products received and ensure that things are settled up at the end.

See a full page Tech Info Sheet

COVERING LETTER

See a full page image of a Cover Letter

Tips
We tell them, please find your contract enclosed, kindly sign one copy and return along with your completed tech information.

We usually require five to seven photos of a group during a festival. (Actually, we require that for concerts we present during the year because we have promotion campaigns that cover several communities in the Fraser Valley.)

The tech supervisor goes over the equipment requirements so there are no surprises when they get there.

Tell them the policy of sales.

If meals are included I make out two copies of a little form. Receive thirty-five dollars of eight people and make them sign it.

The following equipment to be provided by the employer to the performer at no charge: sound lights and sound person" be specific.

Specify when the performers must be ready by before the actual opening, whether it is half an hour or an hour. You want to be flexible enough to give the performer a decent sound check so they are happy about going on, but you also have a big responsibility to your audience. Don't make your audience wait because your performer is tardy or tooling at the last minute with lights etc.

Adverse weather conditions: we will try to present them at some later date. Work it out. If we have to cancel due to weather and we have to pay the full fee, then that would be the end of us presenting.

This is from experience: long distance calls and other sundry items that may be charged on your hotel/motel bill are your responsibility. Specify!
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There are several enclosures that we send along with that. I like to stress that a lot of this is negotiated beforehand so the expectations are clear before the performers receive the contract. We ask the performer to sign one copy of the contract and send it back along with this completed information.
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