Should We Have a Band Agreement?
A band agreement will set out how the group is going to be run on a day-to-day basis, how decisions are taken and what will happen to the band’s name, domain and logo if the band is dissolved.
This agreement will also deal with the question of who is entitled to what shares of the songs and the income. This is a very tricky subject and a very emotive one, which is why the band should deal with it at the beginning of the relationship before money starts to be earned from the songs.
Most people who decide to go into business together (be them plumbers, dentists, accountants, bakers) will have a lawyer to write a partnership agreement for them. However, it is common to find bands that are earning millions that never got around to formalizing their relationship.
Band members either fail to see the need to make an agreement or just don’t want to come across as ‘uncool’ for raising the issue; after all, who likes to hear about anything negative (like breakups) when everything is working well. However, when everything is going well is exactly the best time to discuss a band agreement, simply because you can do it in a friendly way. Obviously, it is hard to reach an agreement when band members find themselves fighting with each other, specially if there is money in question and chances are the band will end up ‘killing the goose that lays the golden eggs’ (read as breaking up).
As an example, when dealing with the most important asset of the band (the Name) the band can decide on one of these different provisions (although there are many different combinations possible):
No one can use the name if the band breaks up or
Any majority of the band members performing together can use the name or
Only the lead singer can use the name or
Only the song writer who founded the band can use the name or
Only the lead singer and song writer can use the name as long as they perform together.
The next important thing is to decide what everybody is going to be earning. Hiring people isn’t usually an option for new artists as there won’t be money to pay salaries. Therefore everyone will be working for a percentage of future earnings. There are no rules on how this income shall be divided and it’s all down to bargaining between the members. If a member works harder and in general contributes more than the others it may be fair that he/she earns an overall higher percentage. It may also make sense that, for example, the split is done evenly on tour money but proportionally for publishing income depending on who writes the music.
In a band agreement it is also important to define what happens when a member is ousted from or quits the band. Does he/she keep the same percentage of earnings and for how long? How is he/she going to be bought out of their share assets of the group (buyouts), at what price and over what period or time are important aspects to consider.
The Manager/Artist relationship can be one of the closest and most important in the career of a musician. Managers are the ones who do the legwork, handling the day-to-day business side of an artist’s enterprise with A&R representatives, producers and agents amongst others, in order for the artist to focus on being creative.
It is a business relationship, so all parties need to be sure that this arrangement is the best thing for everyone. You need to be sure of who you are choosing to enter this relationship with. They are going to be giving you advice, they will be your face and voice to much of the industry. You need to be able to trust them implicitly. - See more at: http://www.avenantlaw.com/10-tips-management1/#sthash.POe4vcGN.dpuf
Band Services call/text 352-442-7293
*terms and conditions of getting you noticed bundle: $500 down (1x fees, discounted), $120 month for 11 months (1 month free)
**getting you working is the part that helps you pay for all of this...in fact, experience shows that you'll be putting more money in your own pocket once we get things moving forward!
***getting to the next level is a group effort... WRP will do their part, but this is like being on a rowing crewe... and not like archery... it takes everyone moving in the same direction and isn't a one-man sport. The ability of a band to get to the next level requires that egos are checked at the door... no one of us is better, smarter, more talented than the others, we are all going to be superstars together... and routine communication among us all is important...are you ready?
Some honest advice about things...
A Band is a Partnership of Professionals - go ahead and define it!
It is not an uncommon scenario that before any money is made the people in any partnership are happy to work with full commitment on an assumption of equal shares, only to find in reality one or two contributors have not seen the process as 100% ‘democratic’, and that any division of royalties, fees and advances should favor whoever they deem to be the main contributors, which invariably includes themselves! Inevitably the trigger for this sharpening of focus is the prospect of income, by which time it is too late to be rational. - See more at: http://www.avenantlaw.com/music-collaborators/#sthash.lX384M38.dpuf
The 75 South Band partnership with Winding River Promotions results:
|General Services - This is an a la carte menu - pick and choose the pieces you want! Bundle pricing is available... Heck, one good gig pays for a bunch of stuff!|
|Getting you noticed *|
|(this is the easy stuff)|
|Establishing your professional Facebook Page (1x fee)||$50|
|Logo design (1x fee) ||$150|
|Website design (5 pages) (1x fee)||$250|
|Maintaining FaceBook page (monthly fee) (min. 6 month contract required)||$20|
|Website maintenance (monthly fee) (1 year contract required.) ||$100|
|Photo shoot (price is per 2 hour shoot)||$150|
|Getting you working**|
|(just how much do you want to work? just how much do you want to earn?)|
|Booking shows/Gig negotiations||10-15%|
|Building your fan base through social media "likes" and "followers" (price is per "build") (ask us how this can benefit you exponentially!)||$60|
|Developing your reputation through advertisement in music scene publications (advertising fee not included) and press releases (monthly fee)||$25|
|Developing and releasing electronic press kit (1x fee)||$100|
|Maintaining EPK (monthly fee) (1 year contract required)||$10|
|Capturing & editing audio & video clips (per 5 hours)||$100|
|Road Support (sound, equipment, lighting, transportation)||TBD|
|Getting you to the next level***|
|Recording studio access/representation (per 8 hour session)||$150|
|Producing and launching CDs||TBD|
|Cover Art ||TBD|
|CD launch events||TBD|
|CD promotional events||TBD|
can Ya dig it?