library addition

[Chance]

Jim, I seem to recall an thread from earlier this year referring to a new library addition on sample performers contracts. Was it ever submitted?

[Jim]

Here's the thread you're referring to:

http://www.performers.net/ubb/Forum6/HTML/000012.html

I never received any sample performer contracts to put up. But that's a good Idea. If anyone would like to send in sample contracts, I can post them in the Library.

It would give all of us ideas of what to add into contracts.. maybe start a bit of a standard for all of us to adhere to.

Send in sample contracts to me:

pdf's: jim@performers.net
FAX: 617-776-1110

hard copy:
Jim
P.O. Box 441634
West Somerville, MA 02144 USA

[This message has been edited by Jim (edited 06-18-2001).]

[Chance]

Jim, there was another thread which I have not been able to locate. But there was a guy who said that he had a letter written for the library but needed a ghost writer to spiff it up, and I had agreed to help out. But his next letter was that he had gone ahead with the editing himself and had sent it on to you.

[Jim]

I'll have to go back and look. That sounds familiar, but I don't know where it is right now.

I'm out of town for the next four days. I'll try to get to it on Monday.

Jim

[Thom]

Jim,
I think Chance is referring to the piece I sent you on "Editing Digital Video".


------------------
Thom Britain, Modern Gypsies Entertainment

[Chance]

Sorry guys, guess I got the topics wrong. Even so, when can we see the new addition Jim?

[young raoul]

With regard to the query about contracts - sorry Jim I don't know where you want to put this and I apologize in advance for the length.

I inherited our festival's contract format from my predecessor and after a degree of justified kvetching from Justin Case, we altered two important clauses in our artist contracts which should be most useful and easily applicable to artists drafting their own. These clauses are the "acts of God" (and believe me, I mean no disrespect) and the standard cancellation of engagement or services clause. When drafting any contract, especially if you don't want to pay a lawyer, the most important thing to demonstrate is equal responsibility on the part of both the artist and the producer ie. you both have specific obligations and any element of risk is shared. Here's how we amended them:

In the event of cancellation:
Once both parties have signed this contract, if the Producer chooses to cancel this contract, there will be no penalty if The Artist is given 60 days advance written notice prior to the first scheduled performance. From 60 - 30 days prior, the Producer agrees to pay 50% of compensation to The Artist as specified in the contract. In the event that The Producer chooses to cancel with less than 30 days notice, The Producer agrees to pay the full compensation specified in the contract.

Acts of God:
In the event of flood, earthquake, war or civil strike, hurricane, fire, lock out, industrial disputes, epidemic, failure or delays of scheduled transportation facilities, death of The Artist, illness or death or other acts of God or any law order, decree rule or regulation of any governmental authority or for any other reason, whether of a similar or dissimilar nature beyond the parties control, the agreement there upon shall be terminated and there shall be no claim for damages by, or for, either party against the other party.

The first clause, much like a standard exclusivity clause is self-evident and actually protects the artist much more than the producer ie. there is nothing granting compensation to the producer if the artist decides to stay in bed on the day of the gig. The second, specifically exempts both parties when the cancellation is beyond either's control. Where this gets tricky is when you apply the second clause to outdoor/busker style/weather dependant gigs.
Some producers might balk at a 30 day out unless there was a provision for rescheduling within a specified time period (24 hours?) providing it was mutually agreeable.

Again, I'm sorry for the length and you can do what you like with this. I just happened to be doing work on my contracts and thought I'd share this instead of doing what I should be....

[Flo]

Hey Jim,
Did you ever end up posting a draft contract?? I am in the process of writing up my first draft right now. I've been reading lots of great info on it already but wouldn't mind seeing an actual draft of sorts.

Greatly appreciative,

Flo

Chance; 31 [img]biggrin.gif[/img]

[mnozzolio]

I just sent out my first contract. I'll be happy to share it.

[Flo]

Whoopee!!!!!!!!!
I would love to see it!!! Please feel free to send it to belva@canada.com I'm sure that loads of other buskers would benefit from seeing it as well!!

Thanks a lot!!!!!! [img]tongue.gif[/img]

Flo <img src="graemlins/square.gif" border="0" alt="[square smile]" />

[Neil Brown]

As I have only ever performed on the street, i have never devised a contract for a show. However, having read Young Raoul's posting I had a couple of thoughts.

"The first clause, much like a standard exclusivity clause is self-evident and actually protects the artist much more than the producer ie. there is nothing granting compensation to the producer if the artist decides to stay in bed on the day of the gig"
Saying in bed would actually give rise to a claim for damages under breach of contract for repudiation. Whether a producer would bother pressing for this is another matter, but it is certainly worth bearing in mind. (This is true under English law, not sure about American etc)

The force majeure clause ("Acts of God") is fairly standard in English commercial contracts, but I would suggest that an entirely separate clause is required for "mere" rain, as this isn't really a force majeure. I may be worth working out what weather limits you can manage, and then excluding all others, although this could look terrible if you produce a massive list.

Those are my thoughts on the subject for whatever they're worth... I am reading Law, but only English, so don't know whether this will be much help.
Neil

[FireNix]

Contracts

Hi there
I put in a search for sample contracts and came up with this thread, but nothing to look at
Maybe its somewhere else and i'll search some more, but if anything or anyone did get a contract ot would be happy to share theirs with me and the community as a whole, im sure all many would be very grateful. If you dont want to post it here, could you email me.
Thanks for that and thanks for the site Jim - Just managed to post my 1st reply after 2 years or so !(yeah - a trip to the webmaster to sort out my rego problem would have been an idea 23 months ago!!)

[Frisbee]

contracts

get yourself a copy of Joel Bauer's book: "Hustle Hustle: the magic of business"
some of the info is out of date, but it has a lot of the basics as far as contracts and business is concerned, I think it is still the best on the market.