"How to $tiff-Proof Local Gigs"

By Kenny Love


"$tiffing" is a term (not limited to the music industry),
generally, meaning not getting monetarily
compensated for a product sold, job performed, or
service provided...all of which have occurred in
advance. However, for the sake of this article, it
indeed addresses the music industry.

Recently, I was surprised to learn that in today's
commercial music industry, and despite endless
and untold historical sad-sob stories regarding
artists not being paid, especially at the club
venue level, many musicians are still getting $tiffed.

In almost every case, it is because the musicians
have either opted to receive their payment *after*
the performance, are operating without a
pre-defined agreement or contract, or both. So,
why do these ill-fated acts continue?

One reason is that there often exists quite a bit of
competition by other bands for club dates within
the local market. And, with the life span of clubs,
generally, being from 6-12 months at best, bands
are willing to make this, seemingly, small sacrifice
in the hopes of getting in the door to build their
name. But, following is some information you may
wish to consider in the interest of protecting your
financial livelihood.

In order to present a truly professional business
image, and as much as it may make you nervous
to attempt, begin presenting an agreement or
contract and asking for, at least, a portion of your
funds as a deposit upfront from venues.

And, yes, this means letting the old 'door
percentage' take a flying leap. To continue on the
age-old path of exclusively accepting door
percentages, says a couple of negative things
about you and your career.

1. You don't have enough pride or faith in your
talent as an artist.

2. You are desperate for work, and are willing to
take unnecessary chances.

Now, what happens if/when only 5-10 people show
up at your gigs? If you have been performing for
any length of time, say, at least a year or longer, I'm
not going to even ask "If," but will simply ask "How"
you feel when it happens?

For if you have, indeed, been performing this length
of time, it is almost inevitable that you have
performed at some disappointingly low-number
venues, much to your surprise.

Here are a number of reasons why you should begin
eliminating becoming the 'sacrificial lamb'
immediately.

1. If after hearing your music, the club manager,
booker, or owner expresses positive interest in
having you or your band perform, that should
instantly convey to you that there is already a desire
for your music.

2. By presenting an agreement/contract, you will
further present a professional business image, and
not that of simply being a musician.

3. You will present that you have pride in and care
about your career.

4. Getting a deposit upfront also commits the club
to a financial investment which, in turn, gives it
something to lo$e.

5. Having something to lo$e, means the club is
going to try, at all co$ts, to keep that from happening
through promotion of your appearance using flyers,
media press calendar notices, radio ads, posters,
press ads, etc.

6. By having a deposit you, at least, cover your basic
expenses of time, set-up, loading, unloading, etc.

7. The club is also less likely to $tiff you for the
balance, since it will be 1/2 less to cover at the
end of the night.

Now, here is yet another tip for you to cover *yourself*
...both financially and legally.

In performance agreements, there is usually
a clause that protects the artist from having to make
appearances under certain extreme conditions such
as sickness, acts of God, etc. This also works both
ways.

As such, just because you may be successful in
obtaining upfront deposits from venues, *doesn't*
mean that you can spend, or have the right to, that
particular part of the money *before* your
performance.

For normally, if you cannot make the appearance,
you are obligated to return the money to the venue.
The only exception would be if the club decides to
postpone or cancel your appearance after it has
been agreed to in writing, of which language
regarding such should also be incorporated within
your agreement.

Otherwise, you should place the deposit in "escrow"
(in an interest-earning savings account) until all
parties are satisfied with the performance event.

Another goal to try for, is to attempt to collect the
balance of payment owed you immediately upon
arrival at your performance location, as opposed to
collecting *after* the gig.

Now, this may or may not work, depending on the
venue and situation, their point sometimes being that
they wish to have the job done prior to payment.
But, in your favor, try for it anyway during your
negotiation, as it doesn't hurt to ask. If it is
agreed to do so, just make sure this it is placed
within the agreement.

Point of Note:

If a venue, especially a club, attempts to present the
argument that no other bands work this way by
asking for the balance upon arrival, "nicely" cite the
comparison by asking them to consider that when a
customer orders a drink from the bar, the money is
collected prior to the customer consuming it, unless
there is a bar tab being run (which they only do for
their most trusted and long-time customers). They
will, likely, see your point.

Now, once the haggling is finally over, place all of
these points within an agreement or contract, along
with dates, times, locations, club name, and $ amounts,
and with the specified times of when payment(s) is/are
to occur. The club and you should then both sign it,
with you providing a copy of the agreement to the venue.

Then, if you are still $tiffed for the balance, you not
only now have a legal edge, but also more of a
financial edge, as you can now take the matter to
Small Claims court and, in most cases, collect up to
3 times the amount of damages.

Now, see? You can have the best of both worlds. :-)
These extra precautions are sound ways to $tiff-proof
the live performance aspect of your music career,
starting with your very next gig.

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