Business Contracts Music Promoters and Questionable Policy

[Jacob]

In Reno, Nevada there is a new policy beginning to circulate that is being backed by some, but not all, venues and promoters that I find questionable. The policy determines how often a band or musician can play. It states that any local musician or group that agrees to play the promoter/venues show also agrees not to play three weeks prior to or three weeks after the event. They believe that a band or group that plays to often leads to an "over saturation" which can lead to lower numbers at shows. Can a promoter/venue really limit how often a group or musician makes an earning? I take this as I'm only allowed to earn money once in a six weeks time and must pass on any other money making opportunities. This policy protects the venue and promoters and just kind of screws the musician. Is there something that I should be aware of or do to protect myself from what I deem a questionable policy? Is it illegal or just shady?

 

[Michael Wechsler]

Being a musician myself, you have my complete sympathy. During my college years when I played frequently, there were certain unwritten policies that were enacted by local leaders (typically religious leaders) regarding how many musicians would be permitted to play at a wedding or other event. The reason for this was so as not to have those with a great deal of money place a tremendous burden on the members of the community to have to spend a great deal of money just to have a wedding appear to be respectable, e.g. every wedding appears to have a big band or it is scoffed at as being a "cheap" affair. Oddly enough, most of these local leaders weren't swift enough to also limit the number of guests, the amount spent on flowers and other characteristics of a wedding - as if any of these variables could be effectively managed other than saying "everyone can only spend a maximum of $X per wedding."

The problem is that unless you're part of a constitutionally protected class (race, religion, etc.) it is difficult to make a case to protect you and your fellow musicians from playing with regularity. Let's assume that there is collusion among bar or club owners and that there might be some law on the books that would prevent such collusion. What is to stop a club owner from saying that they simply prefer not to have the same band there more than once per month because they don't believe that their patrons would come back to the club or bar? It would be an almost impossible case to make.

That said, I think your best bet is to point out that frequently fans of a good band will show up to performances. If your band has a good following then most club and bar owners I know would prefer to have you play since it means more drinks and tips happening in their venues. There were sometimes drink minimums required in certain clubs as well as arrangements where the band would share the proceeds in certain denominations based upon the amount of drinks purchased (or food, depending upon the venue.) I'm certainly interested on a personal level to taking a better look at what is going on in Reno concerning this unofficial musicians policy but my gut instinct tells me that it would be very difficult to prevent owners of these venues from doing what makes most sense to them, especially financially.

 

[Jacob]

Could you tell me about unconscionable contracts? I met with a representative from the local musicians union and it seems to me that this is what is known as an unconscionable contract. Essentially, the contract only benefits one party and not the other. It's what they called undue influence or possibly unequal bargaining power. What I'm being told by the rep is that as a gigging musician I should be compensated for the time I'm not allowed to make an earning. Is this true? Is this an example of an unconscionable contract?

I'm glad you're a musician by the way! I work as a violin luthier and try and surround myself with as many aspects of music as possible. It's a special thing to have in your life. My work and my play! As a band we work very hard and have created a nice reputation for bringing a crowd and selling tickets. The only reason why these clubs and promoters keep working with us is because they also recognize our work ethic. I believe the best thing we could is distance ourselves from the promoter but I need to know what to do to protect myself.

 

[army judge]

You can protect yourself by not signing ANY contract that you FEEL not to be in your best interests, unfair, or as you put it, unconscionable. No one is forcing you to do anything.

There are promoters of various genres that people avoid, merchants, too.

If the unethical promoter can con someone into signing with him, he wins. If you don't like the terms, counteroffer, or walk away.


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