Tour agreements/contracts IMPORTANT!=)
So my band has been offered to jump on tour with another band. Our manager isn't very business smart (which doesn't give me a lot of faith in him) and wanted to just jump on the tour and make verble agreements with venues about being paid.
Well that was just silly!
Anyway I know touring bands use purchasing agreements for shows, saying that the venue has to pay a certain amount in order for the show to go on.
I was wondering if anyone had any generic forms, or forms that they've used for this case!
Massive thanks in advance
-A very worried drummer!
Go buy an invoice book.
Your band is a business right?
You have a business name and you have shares in it as band members?
Probably not, so your business manager will have to invoice the venues, or the main band depending on who's going to be paying you through his business, do you trust him?
Your manager has a company right?
Anyways, once you figured out what business (venue or main band) is paying what business (your business or the managers) then you can write an invoice. Just include that payment is for services to be rendered, get it signed and that will hold as a contract, at least a little tighter than verbal.
Even better go see a lawyer/solicitor, laws about this kind of thing are way different for each country.
Here in Aust, I would apply for an ABN, write a contract saying who splits what which way within the band and manage our own money that way. Your manager probably wants to only make verbal agreements because it saves time, means you can get payed in cash so he can graft you or dodge tax... Eitherway, never trust someone with your money but don't be freaking on people, just make 'em write down what you're going to get payed. Keep invoices and file proper tax returns so you have yourself covered.
You need a new manager. Quickly. Whose brother/cousin is it? Let them break the news.
Get rid of your present manager.
Find someone who is honest and really knows what he or she is doing ( they do exist although there are more of the ones you describe than the good ones)
Without a written contract you have NO legal rights.
I have heard too many horror stories from my Mastering clients about doing gigs and not getting paid.
When I worked for a sound company one of my jobs was to seek out the person with the money BEFORE the event and make sure we got paid in cash for the concert sound BEFORE the concert started. My boss was a really really great guy to work with but he had gotten stung once too often so he made it a habit to get paid in cash. Checks are only as good as the person or company that is writing them and if they default on the check the only thing you have is a nice piece of paper with some words on it.
There are really some goofy people in the entertainment business and I have worked with a lot of them. They always pay themselves first and everyone else later. Or they go into a concert hall fully intending to make money for themselves and the band and sound company only to find that no one shows up or the event is rained out or canceled. They still owe the money to the band and the concert sound company but have no income to support it.
We did a gig in the middle of a rain storm with about 2 feet of mud between the concert sound setup and the performers. The audience left after about the first 15 minutes and the band, who were undercover, did the rest of the concert with no one in attendance. The promoter said he could not pay us since a lot of people had asked for their money back but we had a signed contract with him that made NO mention of any rain cancellations. So he was obligated to pay up and to his credit he did so without a whimper but this could have easily gone the other way.
Best of luck and do get rid of your manager BEFORE the tour.
I agree. It's a must to have things written down. One time we showed up for a gig and the bar manager had forgotten we were coming. Luckily he was good enough to call some friends to come down and gave us a free meal and a beer, but he certainly could have been worse.
It's sad that verbal agreements don't hold weight anymore, but such is life. Even between friends, write stuff down.
If your current manager is not "business smart" as you said, then that is your first red flag. He doesnt have to be a lawyer, but he should certainly know that "verbal agreements" are a laughing matter when it comes to the music business. I am in no way an expert, however I have indeed got burned many times and now I am very cautious about every little move, as I trust NO ONE.
I too, would like to see an example or a layout of a proper form that could be used to withstand legal matters for this type of event.
Basically he is another kid that wants to start a 'label' so i dont take him very seriously, but he's talkin about a lot of money (renting a 15 passenger van, trailor, taking two bands out on two week tour) and i dont want to be held responsible if he screws up so i'm trying to get all the angles covered. I've spoken to a couple of lawyers, but I'll have to get an invoice book, but id rather have all the venues covered and not do this by the seat of my pants!
thanks for all the replies guys, like i said id like to get rid of this guy but he's good buddies with my singer, tho my singer is sometimes crazy, the rest of us are a lot more grounded though, we won't jump on anything until its assured, which is why i wish he'd consulted with us before getting involved with this kid!
Oh well hopefully someone will come around and snatch us, and since we've never signed anything regarding this 'manager' its fine, and so far he hasn't paid for anything, and when he does I have to make sure he gets paid back in full.
Not quite what you was after, but this can act as a base to start from. you'll have to tweak it according to what you want covered:
Nice thanks for pitying the fool mr. t!
first. the paper work is called a rider. Second, usually, an agent from a booking agencies books the shows... don't expect to get paid an advance without a signed rider/contract from each venue. And unless your a band supporting a release or have previous draw in the market... don't expect much money. You do need a real manager before you lose you shirts... touring is very expensive. The clubs will try to rip you off on your merch. and expenses and unless you have a savvy manager they absolutely will.
The manager cannot be your booking agent. An agent performs services like an employment agency and must be licensed. NY and CA are where most agents are licensed.