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

In my experience, those kinds of restrictions are pretty common for
major venues and for headline acts - you don't want too much competition
for your audience. But while 60 miles is a reasonable restriction in
such cases, 90 days on either side of the gig is pretty onerous.

But everything in a contract is negotiable. Here's what I'd do - strike
out the clause from the contract, sign it and send it back. They'll
either accept it that way, or not. Either way, the burden is on them to
decide if it's worth it or not.

That's assuming, of course, that you are willing to give up the gig if
the contract is too restrictive. It's possible (albeit unlikely for a
local band) that the venue or the price makes it an attractive deal in
spite of the restrictions, in which case you just accept it and hope the
benefits outweigh the cost.

Good luck!

On 8/20/13 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?


--
Archie

-- Archie Warnock warnock@awcubed.com
-- A/WWW Enterprises www.awcubed.com
-- As a matter of fact, I _do_ speak for my employer.

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