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Topic: Event Planners, Restaurants, Exclusivity, and Ethics |
Mat Rhodes
From:
Lexington, KY, USA
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Posted 7 Nov 2007 8:37 am |
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I know a lot of you have given up on bars and night clubs as a source of income and whatnot. Have any of you been in a situation where an event planner or restaurant owner asked you for an exclusive booking arrangement?
If they can and do provide you with a steady source of better-paying gigs than a typical club, do they have legitimate grounds to ask you not to play for other competitors even though you're not under contract? What obligation does the band have to said event planner/restaurateur?
And is this a common practice in the industry?
Last edited by Mat Rhodes on 7 Nov 2007 10:10 am; edited 1 time in total |
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Larry Strawn
From:
Golden Valley, Arizona, R.I.P.
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Posted 7 Nov 2007 9:10 am ethics?
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Good question Matt,
I don't believe at this point it's a matter of ethics, [them asking]. However, if you and the band except these terms then it is.
Just the establishment asking for an exclusive agreement, to me is only business. If in your mind you feel the money, and convenience of dealing with only one busines is worth while, then that's a 'choice' for you to make. Nothing unethical about it, as long as both partys hold up thier end of the agreement.
example,
1. The Band will book for this establishment X amount of days per week for X amount of $$, and will not except bookings from other competitors.
2. In return the establishment will book this band exclusively, and will not book competing bands.
Now you have an ethical agreement.
These are just my opinions, others may feel diferently about it I'm sure.
Larry
_________________
Carter SD/10, 4&5 Hilton Pedal, Peavey Sessions 400, Peavey Renown 400, Home Grown Eff/Rack
"ROCKIN COUNTRY" |
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Tom Olson
From:
Spokane, WA
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Posted 7 Nov 2007 11:14 am
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| Quote: |
| do they have legitimate grounds to ask you not to play for other competitors even though you're not under contract? What obligation does the band have to said event planner/restaurateur? |
As Larry alludes to, if there is no contract or agreement, then there is a lot less chance of them winning if they file a law suit.
I think it all comes down to two parties agreeing to what is fair and then either sticking to their agreement or breaking the agreement. It's a give and take situtation, as Larry says -- you both agree up front that they give you "X" and you provide "Y." If you don't like the terms, then don't agree to them and look for other work, or make them a counter-offer with terms you like better.
I doubt that there would be any type of law suit or legal action taken if you break such an agreement anyway -- it's just not worth it. However, I also think that you have more to lose if you agree to their terms and then break them than if you just refused their offer right off the bat.
That is, if you enter into an agreement and then you're not up front with the other party and you decide to blatantly break the agreement without first explaining your side, then you can expect that the other party will probably never do business with you again, and will not be recommending you to others. |
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Thomas Stanley
From:
Tennessee, USA
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Posted 7 Nov 2007 10:28 pm
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Matt, I ran into this back in the 70s when I was playing in the restaurant lounges back in Orlando. They basically did not want to share the music draw with the competition. Back then, they almost all had a really good bar business. The music brought a lot of $$ to the cash drawer and they didn't want to see decent performers going down the street. But it wasn't free. If I was going to play only for XYZ then they needed to sweeten the pot a little. Also, be careful and consider your holiday value into the equation. i.e. New Year's.
_________________
Tom Stanley "In The Country"
Pro I, Super Pro, Session 400, Blues Jr., HD28, D28, Custom Legend, Adamas, Fiddle, Ibanez Bass |
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Dave Mudgett
From:
Central Pennsylvania and Gallatin, Tennessee
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Posted 8 Nov 2007 1:54 am
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Seems to me that humans in a free society can make any reasonable agreement they want to, unless there's some specific prohibition, which I have never heard of in this case.
As far as ethics goes, I don't see any ethical problem with it either. For example, it seems reasonable to me that a booking agency that really invests a lot of time and expense to promote an act may well want to only book artists on an "exclusive" basis. Other agents may be just fine booking casuals. I've seen both.
Similarly, if a restaurant or club gives an act a very attractive booking arrangement or one with a lot of bookings, they may want to make it an exclusive in the area. There is sometimes a "saturation" phenomenon, where an act can overplay an area, and the marginal turnout for additional appearances can suffer.
I think it's a pure business strategy decision. One can always say "No" to any offer, or insist that it be met in kind by some other concession - more gigs, better pay, and so on, as Thomas suggests. But once the decision is made to agree to exclusivity, I think it should be honored unless changed beforehand. |
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Donny Hinson
From:
Glen Burnie, Md. U.S.A.
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Posted 8 Nov 2007 6:57 pm
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What Larry said.
It would appear to me that the business owner has a lot on the ball, asking such a thing. Let me give you an example.
The practice of "rotating" bands in Baltimore started about 25 years ago, brought on by many groups choosing to go through "booking agencies". The logic was that booking agents would keep you busy by booking a group in as many clubs as possible. The booking agents approached the bar owners, and got most of them fully convinced that the audiences would enjoy seeing a different band every week.
Sounded good, but it was a disaster. Here's why:
For awhile, everyone was fat, dumb, and happy. Soon, though, the bars started losing business. Customers couldn't go to their favorite bar to see their favorite band because they had been rotated. Instead of seeing you favorite band every week or two, you were forced to either wait until they rotated back (usually 1-3 months), or you had to journey to the other end of the city or even another town to see them. That wasn't prudent for good customers (people who drank), and the people who didn't drink (the line prancers) didn't spend any money anyway. This caused a decline in both venues and bands, even before the DWI/MADD thing came about that almost exterminated the many local honky-tonks.
If you have someone who's willing to employ you regularly and often, and they request you not to play for their competitors, it shows they have a lot of faith in you and your band. I see nothing wrong with repaying that faith with loyalty.
It's a powerful thing when someone believes in you. |
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