contracts & negotiations
TRANSCRIPT
CONTRACTS &
NEGOTIATIONSKim Blank, Asst. Director of Student
Activities
AN EXCERPT FROM
PITBULL’S RIDER
APPROX. COST:
$1400
CONTRACTS &
NEGOTIATIONS
IMPORTANT POINTS
BEFORE YOU BOOK
PARTS OF A CONTRACT
THE RIDER
WHAT TO LOOK FOR
NEGOTIATING
MOST IMPORTANT POINTS
REMEMBER:
A contract is legally binding, often even if it is just a verbal agreement. Don’t have the money in your student org account but you signed? You(personally) could be on the line for that performance or vendor fee.
Also, always remember to check to see if the date is over-programmed (you don’t want to run opposite a campus-wide event that would compromise attendance)
Never commit until you are sure you can pay, find a space, and make everything necessary work.
BEFORE YOU BOOK
Identify dates that work
Check Kenyon Calendar for conflicts
Find out when artist/performer is in the area
Call the agent(s)
Phone calls are usually easiest for reaching agents
Further correspondence can be done via e-mail (always best to get things in writing)
Get a quote or a price range
You can give them a range, rather than your exact budget (be conservative)
Ask for a rider and their other needs
BEFORE YOU BOOK
Before you book a performer/vendor:
Don’t give away your actual budget (give a range if they ask; don’t make it easy for them to overcharge)
Ask for a rider whenever possible– those are the charges that can sneak up on you later (and make or break an event)
Don’t feel like you need to just accept their price; this is like buying a house, feel free to make a lower offer
Ask about ROUTING Is the performer in the area in November? Try to book
in November– they should be cheaper since they’re nearby.
PARTS OF A CONTRACT
Vendor information
Client information
Date of appearance
Times (start, end, sound check, load-in, etc.)
Additional requirements
Lodging & Transportation
Hospitality
Financial terms
The rider
The fine print/ legal stuff
VENDOR & CLIENT INFO
Make sure all information is correct
Make sure the addresses are accurate
Address of performance (they probably don’t
know where Rosse Hall is– give physical
addresses when possible)
Address of client (where any correspondence
should be sent: a campus office, not your P.O.
box; Student Activities is 100 E Brooklyn St,
Gambier OH 43022)
Address of vendor/performer: double-check
where they want the check to be sent (agent vs.
artist)
DATES & TIMES
Always double-check to make sure everything is
correct (Saturday, September 22nd not Friday,
September 22nd)
What are all those times?
Start: actual time performer is expected to take the
stage
End: actual time performer is expected to leave the
stage (75 minutes is 75 minutes, not 63)
Sound check: time the performer wants to be able to
check his/her technical equipment & sound
Load-in: the time at which the performer wants to be
able to arrive and unload gear (before sound check)
ADDITIONAL
REQUIREMENTS
Sometimes listed here, sometimes listed in the
rider
Certain tech needs
2 wireless microphones
(3) 110 volt outlets
Always best to check with the venue or Student
Activities if you are uncertain
Remember: if we don’t have it and you have
signed for it, you are responsible for paying for it
through an outside vendor (could cost hundreds
or thousands of $$)
LODGING &
TRANSPORTATION
Sometimes listed in the rider– don’t assume
nothing listed means nothing expected (spell it
out)
Lodging (ask for Kenyon rates)
Kenyon Inn
Holiday Inn Express
Transportation
Client paying all (we don’t want to book their
tickets)
Client paying lump sum in contract
Client providing ground transportation
HOSPITALITY
Food, drink, creature comforts
Example: musicians might require a certain tea or
towels if they are active performers
You’re bringing a 2-man band. That just means
food for 2, right? Possibly wrong.
Read the contract & rider careful for meal
requirements. This can be where you negotiate
and mutually agree to cross out certain terms.
Some artists ask for food for them, road manager,
guests, etc.
FINANCIAL TERMS
Paying all at once vs. paying a deposit
When is the deposit due?
To whom do you make out the check?
When is final payment due?
This might be before the performance! Look
carefully
Handing the check to the performer vs. mailing
to the agent or agency
When in doubt, always follow what the contract
says
THE RIDER
Basically a catch-all for other requests or
needs
Sometimes includes food, comfort items,
things necessary for a performance (i.e.
disposable props used by a magician)
Can be costly– be sure you figure this into
your expenses
Can also be time consuming: does Wal-Mart
or Kroger sell that fancy beverage the band
wants?
You can negotiate and cross things out!
KENYON’S CONTRACT
No contract provided? No problem
THE FINE PRINT & LEGAL
STUFF
Right to change/cancel
Sometimes popular performers include this so they can back out if they get a bigger gig (MTV, etc.)
Force majeure: “superior force” or “chance occurrence”
Essentially frees both parties from obligation due to an extraordinary event or circumstance beyond their control
Sometimes used interchangeably with “Acts of God” Force majeure is broader (i.e. war isn’t an act of God)
Sharing merchandise revenue
Common if artist is selling CDs, t-shirts, etc.
Make sure you are okay with the terms (80-20 is standard)
THE FINE PRINT & LEGAL
STUFF
Good things to add to an addendum:
Equipment
Acts of God
Rescheduling Performance
Inclusivity
Delay of Performance
Control of Performance & Damages
Limitation of Contract & Addendum Terms
Deposits & Method of Payment
Indemnity
WHAT TO LOOK FOR
Does everything make sense and seem reasonable?
Are all the people, places, and times correct?
Have you figured out how much the “extras” are going to cost? (Tech needs, hospitality, lodging, transportation items, rider)
Can we realistically fulfill their needs and they ours?
W-9: tax form we need if we haven’t worked with this vendor/artist before (they’re used to giving this out)
By hosting this event, are you being good stewards of the fees Kenyon students pay to support student activities?
NEGOTIATING
After you have a contract:
Negotiating the terms is often easier to do over
the phone, but make sure you have everything in
writing
Send e-mails to confirm EVERYTHING (paper
trail)
Crossing out anything on a contract? Initial beside
it to indicate who crossed it out
You can send a contract back & forth with edits–
make sure to get both parties to sign/initial & date
(so it is clear which is the most recent version)
THE FINAL DEAL
Unsure of whether something is a good deal?
Student Activities staff works with vendors often
and can provide advice about who is easy to work
with, who is cheapest, or whether a price seems
reasonable
Remember: we don’t pay tax
Is this something that falls under other areas as
well?
Fun Funds
Gund Funds
Phebruary Phunds
BFC
QUESTIONS?
Student Activities Office
100 E. Brooklyn St
(White house behind The Market, across from Gund)
Kim Blank (Asst. Director of Student Activities)
X 5335 on campus
Sam Filkins (Asst. Director of Student Activities)
Christina Mastrangelo (Director of Student Activities)