Z-Tuba Dude wrote:Does anyone have any good/bad experiences with booking library-type ensemble gigs without a contract?
My first choice, of course, is to have a contract, but I have found some libraries reluctant to use them.
I am assuming that the libraries in question will honor their agreements, but I am just curious if there is any contrary experiences out there... (
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Thanks!
A contract is a tool by which expectations are made clear. It is also a tool to determine what happens in the event of a disaster, such as: You don't show up; they don't pay; you drop a tuba on someone's toe and they sue; etc.
If the exposure to disaster is within your comfort zone, everyone has the correct expectations, and you trust the customer to pay, then the contract may not have much value. This usually only occurs in particular situations where the parties have an established relationship.
That said, if the other person won't enter into a contract, then you may be faced with a business decision. Only with the help of Vito Corleone and Luca Brazzi can you force someone to sign a contract. I've had people demand a contract, only to never execute it once we provide it. And I've asked for them on occasion and never gotten one. Our group purchases insurance to cover itself, for the most part, and performs in places where the exposure is minimal in any case. I'm therefore usually not to demanding.
In my professional world, we use contracts for everything. But rarely is a contract ever read after it's executed, and the only time what it says matters is when someone doesn't perform and it goes to court. If you aren't prepared to sue the library for non-payment, then having a contract won't mean much.
Rick "thinking contracts as protection from deadbeats are over-rated" Denney
