Booking Contracts:
Booking contracts, engagement contracts, performance agreements and/or gig contracts are all the same thing, just called different things by different people. They are agreements between the talent (e.g. musician(s)) and the purchaser (e.g. venue). Sometimes the purchaser is not the actual venue, but rather a third party who is producing an event, at a venue. In that case, the purchaser or producer would usually have a booking contract with the talent, and a separate contract with the venue (e.g. a wedding, with a band playing at an independent venue for the reception).

As with all agreements, a booking contract has to have certain essential elements understood and agreed upon between the parties, in order to be valid and enforceable contract. I often explain these elements as the five "W"s, the "who, what, where, when & why" of the agreement. In a simple booking contract between the talent and the venue, the five "W"s break down as follows: Who = the parties to the contract (talent & purchaser); What = the type of engagement being contracted (will perform original musical works); Where = at which venue (Mayslack's Restaurant & Music Lounge); When = the date(s) and time(s) of the performances (every Monday night in November 2001, from 8:00 until 12:30); Why = the consideration or compensation exchanged ($500 and as much roast beef as you can eat, per night).

If you have these elements in a booking contract, you have an enforceable agreement. If either party to the contract doesn't perform in accordance with the agreed upon elements, that party is in breach of the agreement, and probably liable to the other for any damages that occur as a result of the breach. As you can see, when the elements are laid out (in writing preferably) it is easier to know what you have bargained for, and must do, in order to hold up your end of the bargain. Remember, a contract like this does not always have to be in writing to be enforceable. Furthermore, a written agreement does not have to be long, complicated or have a bunch of legal mumbo-jumbo words in it to be valid. Many venues use their own form contracts to fill out for each of their various gig agreements. Some are done as handshake deals. Some of those turn out to be bad news, for either or both parties. I always encourage people to try to get their agreements in writing. If you don't have a standard booking contract to use, and the venue with which you are negotiating doesn't either, feel free to grab a form copy from my website and fill in the blanks to get your deal done and yourself protected. www.SpenceLawFirm.com/sampleforms

Agency Contracts:
In the same family of transactions as Booking Contracts, but a slightly different animal, are Agent Contracts. Agent contracts can also be called various alternate names, such as Agency Agreements, Booking Agent Agreements or even Engagement Contracts. Because the relationship between the parties to the contract, the subject matter of the contract, and even the names of the contracts can be so similar, it is important to understand exactly what is being contemplated and agreed upon.

First, let's make sure we understand just what an agent in the music industry does, so we can better understand what an Agency Contract encompasses. An agent in the music business secures performance opportunities for the talent it represents. Specifically, if an agent represents a musician or band, that agent is supposed to actively seek out and secure gigs for the musician(s), generating performances and income from those performances. In exchange for securing the performances, the agent is compensated in the form of a percentage, or commission from every performance covered under the agreement. Standard agent commissions range from 10-15% of the compensation paid to the talent or musicians by the purchaser, depending on the deal. Some agents get paid commissions on all performances the talent plays during the term of the agency relationship. Some only are paid on those gigs they actually have a role in booking. Some even get paid on gigs they don't book, even after the agency relationship, or term of the agency contract ends.

As you can see, because there are various ways for an agent to earn or be entitled to commissions, it is important to understand exactly what you are willing and interested in having an agent do for you, and what you are willing to pay for, or not pay for, related to those services.

Don't get me wrong; agents are great people or entities to have on your side. They have the contacts, expertise and abilities to get talent through doors (literally and figuratively) that you might not otherwise be able to get through on your own. An agent spends a lot of time getting talent to the various venues and purchasers out there to buy your performances. Many artists, actors, musicians and bands are constantly hoping to secure the assistance of an agent. Many benefit from the relationship, but must remember that a price is paid (and earned) for an agent's assistance. I frequently tell artists that they need to self-book themselves for a while, just to get an appreciation for what the agent does, how much work it is, and why the commissions earned are justified in the big scheme of things. An artist with an agent can focus on their art, and perfecting and growing artistically, while the agent focuses on part of the business of the artist's career.