Re: [dcab-l] Advice on Gig contract Radius / Exclusivity Clauses

Mary, I do not represent the DCBU, but I forwarded your email to the Board.
However, I feel their position would be the same as mine (perhaps).
These Exclusivity Clauses are put into contracts to help the
promoter/venue maximize their audience attendance and not have the same
band play nearby, hence draw people away. Such a clause is primarily for
very popular groups (i.e. Alison Krauss, et.al.) who only come to the
area once or twice a year.......

But (big but)..... If you have a band that plays locally 4-5 times a
month, and while it may make sense to the promoter, this clause makes no
sense to you as a performer.... It only limits your playing locally.

A 60 mile radius from Baltimore cuts a huge swath of the Mid-Atlantic
(MD, DE, VA, DE, NJ, WV) and unless the money is THAT GOOD, that you can
afford not to play anywhere else locally for 6 months..... Personally,
I would decline.

Bill just my opinion...
I've turned down gigs for lesser reasons

On 8/20/2013 7:31 AM, Mary Romagnoli wrote:
> Hello DCBU. What are your thoughts on performance contracts that limit
> where and when you can play?
>
> My band was invited to play at a club in Baltimore. The promoter wants
> us to sign a contract with a
> radius clause specifying that we will not take bookings within 60
> miles of Baltimore for 180 days (90 days before and after the gig).
>
> We are a local band and perform in the DC area regularly so it looks
> like we have to decline. The promoter would not negotiate the terms.
>
> This doesn't make sense to me for a local band with a local audience.
>
> Has this happened to you? How did you handle it?
>
> Thoughts?
>
> - Mary
>

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