Negotiating performance agreements takes moxy

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MUSIC BIZ 101

Negotiating a performance booking involves considerations that are unique to each performance contract. However, the elements of any negotiation are the same. The first point of contact involves determining the booking potential, whether initiated by the presenter or the booking agent. Preliminary information about the venue and its past bookings should indicate whether or not the booking is worth pursuing. If it is, criteria will guide both parties to respond to each of their needs. The main considerations will include timing, venue and money.

Timing is everything. Festival presenters begin receiving promotional packages beginning in June. Bookings for the music festival circuit are usually completed about four to six months in advance to allow time for promotion and ticket sales. It is useless to continue discussion if the artist is not available. However, this provides the opportunity to leave the door open for future bookings.

Venue considerations evaluate the type of venue and technical requirements. Is the venue appropriate? Sound is the biggest concern for any performer. The sound engineer, although rarely recognized for his contribution, is a key player. It really is a roll of the dice if a group has to rely on a different sound person for each gig. Good sound involves onstage and room sound, along with a sound person who travels as technical crew.

Financial considerations include travel-related costs, such as transportation, accommodation, a hospitality rider, merchandise sales, the performance fee and an initial deposit. Travel-related costs represent the bulk of the overall budget that a presenter takes into account. Prepaid transportation and accommodation should be spelled out in the contract, otherwise the presenter will assume it will be included in the performance fee. The hospitality rider also details the specific amounts and items to be included. Bottled water at room temperature for sound check and performance is one example. (Cold water affects an artist's vocals.) If you don't ask for it, don't expect to get it. Merchandise sales include T-shirts, caps and other souvenirs. Ten per cent of merchandise sales is the average amount that a presenter will ask. Higher-level artists do not sell CDs offstage. The immediate effect of a live touring act is translated to retail sales of the CD. Independent releases do not have the luxury of such a distribution system.

The marketability of an artist is based on media buzz, previous releases, music awards and standing in relation to other artists on the bill, among other determinants. Overexposure and under-pricing is a sure-fire way to limit an artist's career development. A booker must be consistent when quoting a fee.

Presenters, particularly in the music festival circuit, do compare notes. Upon signing the performance contract, the initial deposit should include all of the travel-related costs and half of the performance fee as a commitment to perform. The final payment may be made after the performance, but this is up for negotiation also. The final payment should be a certified cheque or money order, and may also be payable upon venue arrival.

Most presenters try to balk at this by stating that other artists never ask for this. A good comeback is to simply state that you do not represent those artists.

Everything is negotiable. A savvy booker will never undervalue an artist's market value. As the saying goes, "You pay peanuts, you get monkeys."

This column is for reference and education only and is not intended to be a substitute for legal advice. The author assumes no responsibility or liability arising from any outdated information This column is for reference and education only and is not intended to be a substitute for legal advice.

Ann Brascoupe owns What's Up Promotions, a company specializing in promoting, booking, and managing Aboriginal artists across Canada. She may be reached at abrascoupe@hotmailcom.