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Topic: Band Contract Help |
Ron Whitworth
From:
Yuma,Ariz.USA Yeah they say it's a DRY heat !!
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Posted 29 Sep 2008 6:43 pm |
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Does anyone have a basic band contract that is a "fill in the blanks" type of contract that i may
download & use? It does not have to be real fancy -
meaning names of band & establishment,date & times,
amount of performance,way to be paid./
I would appreciate any help you may be able to give me..Thanks for reading...Ron
_________________
"Tone is in the hands. Unless your wife will let you buy a new amp. Then it's definitely in that amp."
We need to turn the TWANG up a little
It's not what you play through, it's what you play through it.
They say that tone is all in the fingers...I say it is all in your head 
Some of the best pieces of life are the little pieces all added up..Ron
the value of friendship. Old friends shine like diamonds, you can always call them and - most important - you can't buy them. |
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Johnny Baldwin
From:
Long Beach, California, USA
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Jack Francis
From:
Queen Creek, Arizona, USA
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Posted 29 Sep 2008 9:24 pm
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Here's the Weezul Brothers Band's contract.
It must be rattlin' around in cyber-space!! 
 |
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AJ Azure
From:
Massachusetts, USA * R.I.P.
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Posted 2 Oct 2008 9:23 pm
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be aware that these contracts are very very very open to problems due to their simplicity. if you're gigging enough to even use a contract, spend the time to have an entertainment attorney write a good one up or at least consult legal aid for artists. there are lots of things that can go wrong like liability issues to acts of nature to how you dress. TONS of unforeseen issues, MY contracts are customized for every gig and are 3 to 4 pages long. Boiler plate contracts are asking for trouble. I use them no matter how small or large the gig. You'll be glad you did it when you have a gig where something bad or unexpected happens. They have protected me on more than one occasion.
On the image posted contract you should change employer to client and the band is an independent contractor. Spell that out clearly. You don't want them thinking they are your boss. you are a service provider. |
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Jeff Hyman
From:
West Virginia, USA
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Posted 3 Oct 2008 3:47 pm
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AJ,
Can you post a copy of your contract? |
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Larry Bressington
From:
Nebraska
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Posted 4 Oct 2008 11:23 pm
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| Ron , you wont need a contract in todays bands. |
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Jeff Hyman
From:
West Virginia, USA
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Posted 5 Oct 2008 8:18 am
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Larry,
I almost agree with you. I figure I'm not going to waste the time anyway to take someone to court to collect... at lease for the $$$ for local gigs. A one page contract to identify the date, money, and sets is good enough for me. If someone screws the band, word gets out and the club pretty much screws themselves. For outdoor gigs, most folks are reasonable. In the last 2 decades, I've only taken a small hit one time... the club deducted $50. We had free drinks in the deal, and the fill-in Bass player was a full-time member of AA. After he drank about $70. worth of whiskey, they cut us off :-) |
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Larry Bressington
From:
Nebraska
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Posted 5 Oct 2008 10:54 am
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| Is this a club contract or a bandmember contract? I was on the understanding that this is about a bandleader contracting players in the band, I have been in those situations! I definatly agree with a contract for the club! |
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Ron !
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Posted 5 Oct 2008 11:11 am
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| Quote: |
XXXX; Contract for Services
This contract for the personal services of musicians, made this
______ day of ____________ 19____, between the undersigned
Employer (hereinafter called the 'Employer') and ______________
musicians (hereinafter called 'Employees').
Witnessed that the Employer hires the Employees as musicians
severally on the terms and conditions below. The Leader represents
that the Employees already designated have agreed to be bound by
said the said terms and conditions. The Employees severally
agree to render collectively to the Employer services as musicians
as the band known as XXXX.
Name and address of place of engagement:
_________________________________________________________________
_________________________________________________________________
Date of employment: _____________________________________________
Hours of employment: ____________________________________________
Set up time: _______________ Intermission(s): ___________________
Type of engagement (Dance, Stage Show, Banquet, Etc.) : _________
Wages agreed upon: ______________________________________________
To Be Paid: _____________________________________________________
This wage does include expenses agreed to be reimbursed by the
Employer in accordance with the attached schedule, or a schedule
to be furnished the Employer on or before the date of engagement.
Additional Terms and Conditions
If any members have not been chosen upon the signing of this
contract, the leader shall, as an agent for the Employer and
under his instructions, hire such persons and any replacements
as required for persons who for any reason does not or cannot
perform any or all services. Employer shall, at all times have
complete control over the services of the Employees under this
contract, and the leader shall, as an agent of the Employer,
enforce disciplinary measures for just cause, and carry out
instructions as to selections and manner of performance. The
agreement of the Employees to perform is subject to proven
detention by sickness, accidents, or accidents to means of
transportation, riots, strikes, epidemics, acts of God, or
any other legitimate conditions beyond the control of the
Employees.
The performances to be rendered pursuant to this agreement are
not to be recorded, reproduced, or transmitted from the place of
performance, in any manner or by any means whatsoever, in the
absence of a written agreement between the Employer and the
undersigned agent relating and permitting such recording,
reproduction or transmission.
-1-
If the Employer breaches this agreement, he shall pay the Employees,
in addition to damages, 6% interest thereon plus a reasonable
attorney's fee necessary for the enforcement of the contract.
The undersigned agent is acting herein in order to secure employment
and is not responsible to any party herein for any breach of this
agreement by either party or for any damages or injuries arising out
of said employment to either the Employer or the Employees and it
is hereby specifically agreed by the Employer that the the agent is
not responsible for the failure of either party to perform hereunder
and all parties agree to hold the agent harmless therefrom.
The Employer is signing this contract himself, or having the same
signed by a representative, acknowledges his (her or their)
authority to do so, and hereby assumes liability for the amount
stated herein.
____________________________ XXXX
Employer's Name
____________________________ ______________________________
Employer's Signature Leaders Signature
____________________________ ______________________________
Street Address Leaders Name
____________________________ ______________________________
City State Mailing Address
____________________________ ______________________________
Phone
____________________________ ______________________________
Special Instructions YYYY ZZZZZ
(999) 555-5555
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Jeff Hyman
From:
West Virginia, USA
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Posted 5 Oct 2008 12:35 pm
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There is a clear difference between an Employee/Employer relationship vs: Contractor/Customer relationship. This could be a lengthly reply, so I'll shrink it down to as simple as I can.
1. Employer issues a W2 to Employee showing gross income and Fed/State taxes withheld.
2. Contractor declares income on Tax return, and Customer issues 1099 if expense is over $600.00 per year.
The one at most risk in a band is the one that endorses the check. Many scribble a false name and if a SS is requested, put a dummy number... and some are honest. None of the above is even detected unless any one in the loop is audited. It's for this reason I declare all income from music. Why?
1. You can legally deduct many expenses. Strings, car allowance, gas, equipment and repairs, CD's, internet service to download tunes you want to learn, etc
2. If you go on vacation you can visit a local club to try and see if they'll hire the band. Make sure you get their business card as proof.
3. Practice space in your house, and the list goes on.
Most cases its only a percentage of the above gross expense. Bottom line is, being legit will end up giving you a bigger tax refund... plus if anyone in the money loop is audited, you can wash you hands clean of having to pay fines and risk future audits.
NOTE: Over my lifetime, I've been at one time or another on every side of the argument.
DISCLAIMER: I am not a CPA. Laws may differ from state to state. |
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Larry Bressington
From:
Nebraska
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Posted 6 Oct 2008 10:49 am
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| That clears the air jeff, very well put! |
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