posted by Claire Maillot
It's been a dramatic few months. Let's review...
We understand that there are 3 types of agreement:
We've revised our booking procedures for all 3.
e.g., MSH, F Music
This is subject to the terms of the agent. Usually the agent sends us a contract and we sign it, and then it’s legally up to the agent to make payment. It’s not in the agent’s interests to refuse payments because they are a public entity and their address and contact details are universally accessible.
e.g., W Entertainment, LMM
This is where things get complicated…
W Entertainment (see separate convo) have rightly stated that it’s unprofessional for us to request an additional signed contract and deposit, but they have said that they would provide the client’s address details if there are any legal issues/unpaid or cancellation fees that we are unable to resolve and the matter needs to be taken further.
With this in mind, should we request a BACS payment 28 days in advance, before we sign W Entertainment's contract? We doubt W Entertainment would be willing to change their standard template. But we'd feel happier about doing this given that their contract is not a standard MU contract (i.e., doesn’t have the client’s address details).
Alternatively, a compromise would be getting the client to do a Signable regardless of whether it’s direct or 3rd party, but leave the deposit arrangements to the 3rd party? That way, we’d still be protected legally but the client wouldn’t be required to pay an additional deposit.
Meanwhile, Sarah (LMM) said:
This approach throws up further legal issues. If we did say we won’t go, then:
As we have seen from the other Zara (Zara D 1st June) case, we did invoice 3 weeks before but W Entertainment didn’t notice that the client had paid them and not us directly, which falsifies Sarah’s comment about invoicing in time.
The bottom line is we'd like to have our own standard safeguard in place for 3rd party agreements that’s both MU-compliant and doesn’t undermine our agents, to keep things simple. If this isn’t possible, we’d prefer to run individual 3rd party contracts by the MU to check whether they are OK.
The Zara K case has had drastic repercussions, and triggers some major changes in how we do business.
We've decided to get it in writing to the client (in the Show Advance) that we need payment 3 weeks in advance of the event — for all Employment Agency contracts. We'll also invoice at the point of Show Advance. Should we encounter any issues or late payments, we'll contact the MU at that point in time (3 weeks in advance of the event) before acting upon anything.
If we receive any future contracts from a new agent we've not worked for before, we'll run it by the MU for checking — regardless of whether it’s Employment Business / Employment Agent. This will be a 1-time process for each new agent.
Contract for Latina Carnivale
Contract for Latina Festivale
Employment Agency vs. Employment Business
Red & Black Music was set up in 2012 to stop musicians cancelling.
Red & Black Music has been running a journal since 2012 for the purposes of evaluation and future development. It documents internal struggles faced by musicians and music leaders in an honest and transparent way - and evidences breaches of communication and accountability both on the artist side and the client side, in an open access format.
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Rory comes from a musical background having trained at the RNCM and worked with musicians since 2009.
Claire comes from a publishing background, having worked as a digital editor in the books industry, and proofreader in the marketing industry in London.
Jo comes from a hospitality & tourism background, having managed staff at prestigious venues throughout UK, Italy and China since 2009.
A category naming and shaming unreliable musicians to watch out for.
A category reporting unscrupulous venues and traders.
A category exploring the issues faced working via agents and promoters.
Event Diary #1
Event Diary #2
Freedom of Speech
Less Talk More Action
Productions vs. Bands
Unresolved Queries 1
Unresolved Queries 2
What happened to Diaspora Collective?