Members Wellhungarian Posted January 4, 2010 Members Share Posted January 4, 2010 We work with a booking agent that is considering making bands that work with him sign an exclusive contract, so that the agency gets a cut no matter if the band books the gig or the agency. This came about from a band that this agency booked for a state fair last year and from that gig the band landed several others. The agency felt like they should get a cut from the extra gigs that this particular band landed from playing the state fair gig. What do you think? What is your experience with agents? Link to comment Share on other sites More sharing options...
Members Eyehearya Posted January 4, 2010 Members Share Posted January 4, 2010 Exclusivity is not an uncommon request but neither is crossing out that section of the contract and sending it back. I have booked plenty of artists directly for a festival I help with that were officially 'represented' by agencies, usually at about a 20-25% savings. My feeling is that if they (agencies) want a cut of gigs YOU book, eff 'em. The larger artists generally don't want the hassle of worrying about contracts, riders etc and will forward potential gig requests to their agency. Up & comers not so much. Link to comment Share on other sites More sharing options...
Members boxofrocks Posted January 4, 2010 Members Share Posted January 4, 2010 I'd do it if they consistently provided super gigs on a regular basis. I would also have a 2nd band (another name) for side gigs. Link to comment Share on other sites More sharing options...
Members sorocknroll Posted January 4, 2010 Members Share Posted January 4, 2010 Personally, I would never do this. Are you making them sign a contract saying they will not solicit bookings for any band except yours? There's something called free enterprise. Way too much can go wrong in this scenario and then it takes legal measures to correct it. Don't feel like you have no options if they try and force you. There are lots of booking agents out there. It's NEVER a good idea to put all of your eggs in one basket. Link to comment Share on other sites More sharing options...
Members lfol2012 Posted January 4, 2010 Members Share Posted January 4, 2010 we joined a metal union in Kansas, Got us lots of gigs and we didnt sign anything yet, I know the day is coming when they want more but so far so good Link to comment Share on other sites More sharing options...
Members boxofrocks Posted January 4, 2010 Members Share Posted January 4, 2010 Every contract has loopholes. See if Turd will read it.. Bet there ways around it, and still use the booking agent. Link to comment Share on other sites More sharing options...
Members rdrummer322 Posted January 4, 2010 Members Share Posted January 4, 2010 I've seen it several ways, as a band booking through an agency, trying to book my own gigs why with an agancy, and running my own agency (very briefly). What does the contract say? If it states that a percentage of all income will be paid to the agency then yes,,pay up. If it states that only those appearances arranged by the agency are under contract and there is no conflict in scheduling, no problem, agency gets nothing. When you tie this in with the musicians union are the new gigs union gigs? Are any of your regular places union places? Does your manager pay your musician union dues? Link to comment Share on other sites More sharing options...
Members BeakerArk Posted January 4, 2010 Members Share Posted January 4, 2010 We've dealt with booking agents who wanted provisions such as this in their contracts. We've always said "kiss our collective asses." It's ususally not a problem to have the contract redrafted; I've often done that. . . they think twice about messing around w/ the wording when they find out i've got a juris doctorate. Link to comment Share on other sites More sharing options...
Members turdadactyl Posted January 4, 2010 Members Share Posted January 4, 2010 I would NEVER sign an exclusive contract with a booking agent unless they have demonstrated FOR YOU (not for others) a record of getting you all the gigs you can handle and all the quality gigs you want. Every agent in the world is going to ask you for exclusivity if they're smart. Doesn't mean you - being smart - will give it to them. Link to comment Share on other sites More sharing options...
Members rayboomboom Posted January 4, 2010 Members Share Posted January 4, 2010 I've heard of agencies that book clubs and even if the club booked a band out of the agency they still had to pay the man. Is the agent keeping you busy and your making good money? Are there other agencies around that can do as well as your current and not make you sign an exclusive? Can you guys/gals book yourself enough to keep up what the agent is doing? Answer those and you have your answer. Link to comment Share on other sites More sharing options...
Members Wellhungarian Posted January 5, 2010 Author Members Share Posted January 5, 2010 Thanks everyone for their advice and insight. I agree with most of you about not being exclusive with an agency, however the one we are working with does get us decent and steady gigs, but the pay could be better. Link to comment Share on other sites More sharing options...
Members turdadactyl Posted January 5, 2010 Members Share Posted January 5, 2010 Contracts are all about negotiation. You have leverage until you sign. If you want more money and are willing to give him exclusivity, negotiate for more money in exchange for exclusivity. Link to comment Share on other sites More sharing options...
Members irnbru83 Posted January 5, 2010 Members Share Posted January 5, 2010 Just kick him in the nuts. What was the question again? Link to comment Share on other sites More sharing options...
Members rayboomboom Posted January 5, 2010 Members Share Posted January 5, 2010 Contracts are all about negotiation. You have leverage until you sign. If you want more money and are willing to give him exclusivity, negotiate for more money in exchange for exclusivity. Link to comment Share on other sites More sharing options...
Members k7mto Posted January 6, 2010 Members Share Posted January 6, 2010 You don't need no stinkin' agent. We've been approached by a few local booking agents but none of them can show me they can book enough or as quality gigs as I do myself. I keep us pretty busy and we play some pretty cool shows. Of course, we also play some dives (keep in mind we're older guys playing mostly covers and aren't trying to make a living at this) We used to all book shows but we've changed the strategy to where the other guys send contacts to me so our requirements and negotiations are consistent. They've offered to give me an extra cut for "managing" but I figure the contacts I'm making and the skills I'm building are payment enough and will benefit me later if/when this band runs it's course. Now to contradict myself somewhat... We recently took advantage of the 1/2 price offer by GigMasters and signed up for a 1 year Gold Membership as we've got some friends bands who book some decent shows through them. They charge a nominal booking fee for shows booked through their site, so they are essentially an agent and you pay for their services. They also let you add shows that you book outside of GM but they don't count toward your rating (which helps customers choose bands). If you want to have shows you booked yourself count toward your rating, they charge a booking fee. So they are providing something for the fee...an increased rating which may help you book more shows. I plan to pay the fee for a few choice shows we've done. To me, the nominal fee will be worth the cost to move us closer to the top of the list and get us more gigs. One gig booked will more than cover the fees. Link to comment Share on other sites More sharing options...
Members Wellhungarian Posted January 6, 2010 Author Members Share Posted January 6, 2010 You don't need no stinkin' agent. We've been approached by a few local booking agents but none of them can show me they can book enough or as quality gigs as I do myself. I keep us pretty busy and we play some pretty cool shows. Of course, we also play some dives (keep in mind we're older guys playing mostly covers and aren't trying to make a living at this) We used to all book shows but we've changed the strategy to where the other guys send contacts to me so our requirements and negotiations are consistent. They've offered to give me an extra cut for "managing" but I figure the contacts I'm making and the skills I'm building are payment enough and will benefit me later if/when this band runs it's course. Now to contradict myself somewhat... We recently took advantage of the 1/2 price offer by GigMasters and signed up for a 1 year Gold Membership as we've got some friends bands who book some decent shows through them. They charge a nominal booking fee for shows booked through their site, so they are essentially an agent and you pay for their services. They also let you add shows that you book outside of GM but they don't count toward your rating (which helps customers choose bands). If you want to have shows you booked yourself count toward your rating, they charge a booking fee. So they are providing something for the fee...an increased rating which may help you book more shows. I plan to pay the fee for a few choice shows we've done. To me, the nominal fee will be worth the cost to move us closer to the top of the list and get us more gigs. One gig booked will more than cover the fees. Thanks for that GigMasters lead. I'll have to look into it further. Link to comment Share on other sites More sharing options...
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