Re: your band-do you have a contract?
Originally Posted by
Tim2723
With few exceptions, I've found that contracts are documents drawn between two parties who have no reason to trust one another.
As much as I appreciate the contract criteria and examples offered, what Tim says is SOP, in my experience. Around here, it's all verbal agreements, and the only time I have signed a contract was when I have played at the Navy base. (Can't do nothing with the federal gummint without some such, and the application for an access pass to get on the base was the most intrusive, invasive form I have ever seen, even worse than the job application for the USPS - but I digress ...) My regular gig requires a 1099 form as we are paid by check as independent contractors, but other than that, it is always handshake and cash, and I always wash my hands afterward.
And hope for the best. One time I played a place, and three hours into our four-hour gig the manager said we could knock off early, as business was slow. I told my guitarist, "Watch this. They're only going to pay us for three hours." Sure enough, we got 75%. Now, if we were hourly employees sent home early, OK, you punch out and get paid for time worked. But as independent contractors, we are paid by the job, not the hour, and having fulfilled our side of the bargain, we were entitled to full pay. We could have kicked up a fuss, but what would we have gotten? We would never get hired back there, and the manager would probably have badmouthed us to any other manager or owner he happened to talk to. I really wished we were union musicians, but as far as I know, club performers here are non-union. This is a buyer's market, and the clubs can pick and choose from a glut of musicians eager to snag a gig however they can.
So though I don't trust anyone who hires us, and always keep an eye on what's going on, I accept what fate has handed me, however grudgingly. Until a day dawns when my services are actually in demand, I have to play this little game. Even at my regular gig, where we are well-liked by first-timers, regular and repeat customers, staff, management, and the owner, we are at the owner's whim, and could get 86'd at any time, with no notice. So I always tread lightly, maintain a friendly but cordial attitude, and don't push it with any requests, suggestions, or objections. As for a contract - fuggedaboutit! I am so grateful we have a steady gig throughout the lean summer months I am not about to rock the boat. I can see the deep water from the stage.
But that's just my opinion. I could be wrong. - Dennis Miller
Furthering Mandolin Consciousness
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