Contract Clauses Part 2
… so let’s continue our journey through the clauses in our contract…
- PROMOTER PRESENCE: The Promoter or a representative of The Promoter must be present and available at the venue for the duration of the engagement beginning at load-in and ending at load-out. This person must have full decision-making responsibility and knowledge of the terms of this contract.
Many things can happen on the day of a show – we expect someone else to be there at all times from load-in to get-out. It might not be the rep for the whole of that time – but someone needs to be there – there’s a lot of expensive gear on stage…
- DRESSING ROOM & CATERING RIDER: The Promoter shall provide a clean, lit, lockable and heated and/or air-conditioned dressing room for the exclusive use of The Artiste and their crew. The dressing room must contain the contents of the dressing room rider.
The Artiste needs privacy, security, and space backstage – that’s not being a prima donna – that’s just super basic.
- GUESTS: The Artiste reserves the right to admit their agreed number of guests free of charge, as set out on page 1 of this contract. This will not prejudice The Artiste’s guaranteed fee.
With some venues, when they are promoting, it is quite common to take the nominal ticket price of agreed guests off the guarantee. Surprising perhaps – and of course, unacceptable. This clause makes this explicit to avoid ill-will during the settlement.
- VENUE DETAILS, DIRECTION AND PARKING: The Promoter agrees to supply the contact names, numbers, email addresses to The Artiste’s representative no later than 28 (twenty-eight) days prior to the engagement. The Promoter must supply The Artiste with adequate local directions, indicating exact venue location and load-in door details. The Promoter agrees to provide secure parking space for The Artiste’s vehicles.
Many acts get their gear stolen on the road. If you can’t provide secure parking, then The Artiste needs to know in advance so they can make other arrangements.
- SECURITY: The Promoter shall provide adequate security personnel to ensure the protection of The Artiste, crew, equipment, and audience. At venues without a lockable dressing room, security must be provided to protect The Artiste’s possessions. All security arrangements are subject to The Artiste’s approval. No member of the public shall be allowed access to the backstage area.
Very basic – The Artiste needs to be secure and so does their stuff!
- ARTISTE’S EQUIPMENT: Once The Artiste’s equipment has been set up, it is not to be moved without the express permission of The Artiste or The Artiste’s crew. The Promoter shall be solely responsible for any harm, damage, loss, theft, or vandalism to The Artiste’s equipment once it has been set up and left on stage.
This clause protects the artist against theft or damage to their gear whilst the band is off-site. It also highlights the need for any equipment not to be tampered with which may affect the integrity of their performance.
- POWER SUPPLY: All stage power supplies used by The Artiste must be completely earthed and isolated from any other electrical equipment used in the venue including, but not limited to, the PA, lighting, and heating. The Artiste will accept no responsibility for any power supply within the venue.
Have you ever had an electric show whilst on stage? If yes you know why this is important! As agents, we have a duty of care not to send the artists we represent into a dangerous situation. This clause seeks to protect the artist from harm and highlights that we have bought it to the attention of the promoter.
- ACCOMMODATION: Where accommodation has been agreed in advance, The Promoter agrees to supply adequate rooms in 1 (one) hotel of a reputable quality. The hotel and its location must be approved by The Agent or The Artiste’s tour manager before the promoter books it.
A tent won’t do, a youth hostel won’t do, a scuzzy motel fifty miles away won’t do, staying with your aunty Mable won’t do! – it doesn’t have to be a palace but it does need to be decent and it also needs to fit with The Artiste’s touring plans, They may be on stage late and want to stay close by or they may be on early and want to get on the road for a couple of hours before they sleep to make their journey the next day shorter. Basic stuff.
- PUBLIC LIABILITY INSURANCE: The Promoter must have a public liability insurance policy in full effect for the duration of the engagement. The Promoter shall be responsible for any death, injury, or accident incurred by The Promoter or The Promoter’s employees, however caused, for the duration of this engagement.
It’s important that the band’s fans are insured against injury to themselves, damage to their property, and their legal fees if the legal profession has to become involved. Compensation of the cover needs to be limited to several million pounds. We don’t usually request evidence of a venue or a promoter’s public liability insurance, so this clause highlights where the responsibility lies. It is important to realize that if the blame of any injury etc lies with the band or the band’s equipment then any insurance claim could lie with the band themselves. Consequently, it is also strongly advised that the band themselves have their own public liability insurance. Indeed many venues, festivals, and promoters will insist on seeing evidence of this. Where this is forthcoming we keep insurance certificates here to show promoters when asked. PLI isn’t expensive and every band should get themselves covered, especially those bands that play a lot of private functions where it is usually requested by the event organiser.
- PA SUPPLIED BY THE PROMOTER: Where The Promoter agrees to supply the PA, it must be first-class and to the specifications in The Artiste’s technical rider. It must be supplied and ready with qualified technician(s) available from The Artiste’s arrival to their departure. Where The Artiste is travelling with their own sound engineer they must have full access from arrival. The promoter’s technicians shall work under their direction. The soundcheck must be arranged in advance with The Artiste’s representative. Where there is insufficient time caused by technical issues The Artiste reserves the right to adjust show times. In the case of multi-billed events where The Artiste is not the headline act, a line-check may be appropriate, but only when agreed in advance with The Artistes representative.
The band needs to be sure that their sound is faithfully distributed in the venue. Where this does not happen it can have a detrimental effect on the way they are perceived by the audience. So this is very basic stuff, but it does need to be stated because it is such an important aspect of their show and public perception. Poor sound can also lead to a poor show with artists struggling to hear themselves play.
Further Reading
https://musiciansunion.org.uk/insurances
To be continued…
