Posted below is a real contract that local venue (A Restaurant in Dana Point CA) wanted to me to sign. I didn't sign this contract. I will be giving some running commentary as to why throughout.
Prior to booking this gig, I had already played a previous date there. No contract was given to me at that time.
I was emailed this contract a day before the gig (which had already been booked for a month). This contract was for a cover gig. Getting a contract is not unusual although most venues that hire me to play cover gigs don't use them. When the email came in, I figured it would be standard contract, but there was nothing standard about it.
Like any struggling musician, I needed the money so I was sorry to say no to the gig.....But I needed to be pushed around a lot less.
CONTRACT FOR SERVICES
This agreement contracts TJR to provide entertainment as an independent contractor at The XXXXXX Restaruant. The evening of engagement is May Xth, 2009.
TJR will begin performing at 8:00 P.M. and continue untill at least 12:00 A.M. in the event there are still customers in the lounge or at the bar TJR will continue playing until 12:30 A.M.
OK. First of all the agreed upon time was 8-12 midnight. If you suddenly decide you want me to play longer I need to be compensated for the additional time.
Basically they are trying to get something for nothing. And who will decide that there are enough customers to keep playing? How many customers will determine this. Nowhere does it say that if I play longer I will get any extra pay for it.
TJR can take breaks at the time of his own choosing. However, the final set must always be in progress no later than 10:45 P.M. Breaks shall not exceed 15 minutes. In the event TJR elects to do a two (2) show program, he can take one (1) break that lasts 30 minutes.
My schedule is standard for every cover gig I play. I start at the top of the hour with a 45 minute set and take a 15 minute break in between each set.
This is what I did at the last gig. I am usually flexible with this depending on the audience. But 45/15 is the standard.
Payment for services will be computed in the following manner: TJR will be paid $XXX.00 or 15% (whichever is greater) of beverage sales in the lounge generated after entertainment begins.
Payment for services will be made on the Monday following the engagement.
TJR will be eligible for employee prices for food and beverages. Further, if he wishes to charge his purchases, then those amounts will be deducted from his paycheck.
OK. Nothing to odd about this, but nothing generous either. I never ordered anything from them the last time except a glass of water. But most cover gig venues feed their musicians on the house.
Equipment set-up must be completed by 4:30 pm and breakdown by noon the following day. When setting up or breaking down, vehicles can not block the drive-through in front of the restaurant.
OK, this is where it gets ridiculous. I live about 45 minutes (in good traffic) from this place. My start time is 8 PM. They want me to leave at 3:00 PM for a gig that starts at 8 PM, to set up my PA (which takes 30 minutes to do) and then twiddle my thumbs for 3 AND A HALF HOURS with no compensation. Do they think I am going to go drive another 45 minutes to back home and then come back?
This was utterly insane. And I have never blocked their drive through in front of the restaurant. I park in the closest available parking and carry my gear in on a cart.
That last part about breakdown being completed by noon the next day is even more ridiculous. Do they expect me (at the end of the night) to just leave my expensive musical gear in their establishment, go home and then drive back the next morning to pack it up and take it home? Why? ......Maybe I am mis-interpreting this last part and maybe they think they are doing me a favor by letting me come in the next day to take my gear back.......But once again.....WHY?
At all times TJR will cooperate and comply with management at XXXXXX especially with regard to length of breaks and volume levels of his entertainment. Any variations from this contract must first be approved by XXXXXX XXXXXXX.
I always cooperate with mgmt. I always personally go to them before a gig tell them to communicate with me if I am ever too loud or not loud enough.
In the event of a breach of this agreement by either party and it becomes necessary for the party aggrieved to institute legal proceedings. then the prevailing party shall be entitled to receive reimbursement for reasonable legal fees from the non-prevailing party.
So there you have it. After that, there is just the places where I am supposed to sign. I am sure that there are some worse contract by record labels
Would any other musicians like to share any bad/ridiculous contract stories?
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