This post is for musicians. Especially those in the cruise industry. It's a small post that's part of a more extensive series on agents and understanding a representation contract.
This post is about terms relating to length and termination.
Scenario: The Terms of My Contract with You:
You hire me to represent you and secure work on your behalf. In exchange for my efforts, I ask you to pay me 10% of your gross earnings from any source. Our representation agreement begins with the date you signed your name and ends when we either one of us decides that the relationship isn't working out.
During our relationship, I will have spent time and monies introducing your talents to potential employers. I may also have booked you with employers. If you end the agreement with me, you can contact those employers to secure your service after 365 days from when you terminate this agreement. If you do book an engagement within the 365-day window, you will pay me a fee equal to 15% of your total earnings as damages.
Below is how the terms look bulleted out:
I will work to secure work on your behalf.
You will pay me 10% of your gross earnings from any source.
The agreement starts when you sign the contract.
Our agreement concludes when you or I decide to end the deal.
I will also expend time and money to introduce your talents.
I might secure employment for you.
365 day non-compete from the time you end the agreement.
15% of your earnings are due to me as commission if you rebook during the 365-day blackout.
The above terms are fair. They are also in-line with what you would find from most agencies. However,
Some cruise line agencies use different conditions that cause trouble:
Often there's not a right for either party to terminate the representation contract.
If there is a termination clause, the non-compete term lasts 2-years.
Most agreements do not allow the musician to cleanly terminate the representation if the agent is not performing their duties.
There could be more. From my experience, these are the top issues cruise musicians have with representation agreements.
Below, I listed suggestions that both musicians and agents can use to improve their experience. I especially hope that agents take special note.
Musicians: Look Out for the Following Attributes
Be able to identify the actions the agent will take to secure work on your behalf.
Check for a right to terminate clause.
It's best to have termination provisions with a transparent process.
Agents: You Can Improve Your Industry
Spell out an explicit termination provision that's fair.
Create an open and fair process for the representation agreement to be terminated.
Consider revising your terms to make your client's experience first and your protection second.
All: Carefully review your contracts. Make sure there's a clear way to let the other party know you're not happy, that what they're doing doesn't work, and that you can end. Know the terms.
Mini-Series Disclaimer:
I'm not a licensed legal professional. I'm not offering legal advice. I am providing insights from previous experiences in the entertainment industry and from working as an agent. If you have legal questions, concerns, or need legal advice, always contact a licensed legal professional.