Darrin McGillis Productions

Most bands play live. Whether you play live shows infrequently or on a regular basis, you should consider a written contract when playing live. A contract can be very simple. It does not have to be full of legal mumbo jumbo to be a contract. It can be as simple as "Band agrees to play on July 17, 2001 for one hour for $3,000 at Venue X." That is sufficient to be an enforceable contract. At a minimum, a contract should have the following elements. First, it should be in writing. An oral contract may be valid, but it is very difficult to enforce. The expression, "an oral contract is not worth the paper it is written is on" comes from experience. Therefore, I highly recommend getting the terms in writing. Second, it should be signed by both parties. This means the agent or venue owner and one member of the band. Each band member has authority to bind the entire band in a partnership. The following terms must be in the contract to be enforceable. First, it must spec...

This article will discuss what to do when a club owner or promoter refuses to pay you. A typical call starts out, "My band played at Club X on Saturday and the owner told us we would get $300 but after the show he said it was a bad night and could only give us $50." My first question is whether the band had a written contract, and in most cases, there was not. You will know from my other articles that I always recommend using a written contract. Even a one sentence agreement stating "Band will play Club on [date] at 10 P.M. for four hours and receive $300" can be an enforceable contract. You are much less likely to get stiffed if you have it in writing. Assuming you don't have anything in writing, are you out of luck? The answer depends on what you want to do about it. First, be insistent about getting paid the agreed upon amount. Make a nuisance of yourself. After getting stiffed, it is unlikely you are going to play that club again, so there is no need to st...

This column is simply some general words of advice for aspiring musicians. These comments reflect only my personal experience and observation (over the past 20 plus years), and you will find people who will disagree with me. With that caveat, take it for what it is worth. The first thing all musicians must do is act professional. The people who have power in the music industry (record labels, club owners, managers, etc.) are professionals. Music is their full-time business and their livelihood. They expect to be treated with respect. By acting professional, you immediately rise to another level in their eyes. When a musician calls me on the phone, I can tell in a relatively short period of time whether they are someone I should take seriously, i.e. professional. This sentiment is mirrored by countless other music industry insiders I have spoken with. Professionalism will take a band a long way. A similar bit of advice is to educate yourself about the entertainment industry. Take time o...