When is a gig a gig? Is there a point in time between the initial contact by phone or email and the actual completion of the work when one can be assured that there is a legally binding commitment? A commitment that the union can help you enforce should you have an improper cancellation, or do not receive payment for your services. While jobbing leaders are probably more likely to be able to secure a written contract than the average nightclub musician, there remains a "never-never- land" between the initial contact for work and the return of a signed legally binding contract. While Minnesota law does indeed support verbal agreements, there's nothing better than having something in writing to give your union a better chance for success when acting on your behalf. To that end, President Eggen has drafted some helpful language that leaders can use in an email or letter form to send to the purchaser immediately after terms of the performance have been accepted by both parties. This can be sent along with a contract, or by email prior to sending a contract. The document, which is printed elsewhere in this issue, is also available in the members’ area of the TCMU web site (after logging in click "Confirm Your Engagement"). Members can tweak the language according to their individual needs and stylistic approach – though use caution not to dilute the language to the extent that it is no longer useful.
There is an additional benefit to having a written contract and filing it with the office prior to your engagements. Your Local maintains a Contract Guarantee Fund that will provide scale wages for your engagement while the union processes your nonpayment or inappropriate cancellation claim against a purchaser.
Other strategies leaders might consider are simply asking the side musicians to “hold the date” until a clear commitment has been established, and sending out contracts with language that voids the contract if it has not been returned by a specific date. The latter may run the risk of losing an occasional gig to a well-intentioned but disorganized purchaser, but at least you know where you stand if the contract has not been returned within the specified time. Many leaders now also require a deposit on their jobs. This should hardly take any purchaser by surprise. Deposits are often required for catering, photographers, and hall rentals.
On a related subject, when did contracts for nightclub work become rare as hen's teeth? It appears that musicians have been trained over the years to accept this as the way business is done. At the risk of sounding every bit as old as my aging bones, I’ll say in my best Walter Brennan like voice, “It wasn’t like that back when I was playing nightclubs.” I am aware that when I was playing nightclubs I played them for five or six nights a week often for several weeks or even months at a time. (I’d also go out for Brontosaurus Burgers after the gig in my Flintstone Mobile.) Things change. Nowadays a weekend at the same club is about as close to a steady engagement as nightclub work gets. However, when you show up at the club to play and the door is locked, or another band is already setting up on stage, or the owner “forgot to call” and let you know that they decided to go without music this week, wouldn’t it have been nice to have something in writing that confirmed the job. I can tell you that club owners do sign contracts with the national acts that play the Fine Line, Dakota Jazz Club, First Avenue, as well as other “club” venues. We have great local musicians. It’s unfortunate that the clubs do not give local musicians the same security of a signed contract that they do for “headliners”. Bottom line – the best way to help us help you is by memorializing your agreements in writing and filing your contracts with our office prior to the engagement. Now let us all sing from our hymnals – sermon over.
Having been an Apple Macintosh guy since the midnineties, I found the following of interest: If, instead of purchasing an Apple Power Mac G3 233 Desktop Computer in 1997 I had invested that amount of money ($2,400.00) in Apple stock, that stock would today be worth $139,185.00.
As seen on Criag’s List: “I am available to provide piano music for your event using my ipod. I have available most any piano selection you will need for your wedding, party, or small gathering at a price that is much less than a real piano player. You will be dazzled by hearing the best keyboard players. You will not have the burden of renting a piano. I will provide a hollow piano prop and wear a tux.”
