Contract for LC

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From: SM
Subject: Re: Contract - Diáspora - 11/08/2018
Date: 10 July 2018 at 15:04:57 BST
To: Claire
Yes I see Claire but we always tell you to invoice 3 weeks before the event for the full amount and if you aren't paid before the event you tell them you won't go. This problem only occurs if you don't invoice in time. ​

We've been re-contracting Employment Agency clients (5 bookings in total — where the client pays the artist directly), and, as predicted, this has caused a bit of friction among agents.

While we appreciate and respect SM's proposed solution, the problem is that if the band refuse to go on account of not being paid, then we (Red & Black Music) would still be responsible for making that call as 'bandleader' and also paying cancellation fees to the other musicians affected if such a call is made (if it looks like the booking is cancelled on our account) — something we don’t feel comfortable about.

Is there a standard/recommended way of doing this? Obviously we don’t wish to put ourselves at a position of risk but don’t wish to upset agents either. But using the L1 contract templates provided by the Musicians' Union seems a necessity given the minefield of probabilities that the third-party contracts have thrown up.

Read More...
​Contract for LF
Employment Agency vs. Employment Business
Fees Update
​Late Payments
​Live Agreements
​Show Advance
​Zara D
Zara K

Contract for LC: Saturday, August 11 2018 QY - West Dean - LC between LMM.com Ltd and Rory Duffy is Signed and Filed!

From: Claire
​Subject: Re: Contract for LC: Saturday, August 11 2018 QY - West Dean - LC between LMM.com Ltd and Rory Duffy is Signed and Filed!
Date: 20 July 2018 at 10:00:00 BST
To: SM
Cc: QY, KS, Production
Hello,
Thank you for the details, contract, and deposit which has been successfully received for Diáspora on 11/08/2018
I've inked the date(s).
This contract will be viewable via our online live calendar at www.redandblackmusic.co.uk/calendar.html and on our event diary distributed every Monday.
Let's be in contact soon to discuss the finer details of the event.
Many thanks,
Best Regards,
Claire Maillot

On 20 Jul 2018, at 09:40, SM wrote:
Dear QY,
Contract from Rory, as promised. I have cc'd Rory in for ease of contact to chat over the music. 
I will send the deposit invoice over to you. This is due within five days.
Please don't hesitate to get in touch if I can help further between now and your booking date. 
Kind regards,
Marta- Assistant to
SM

---------- Forwarded message ----------
From: Adobe Sign
Date: 20 July 2018 at 11:38
Subject: Contract for LC: Saturday, August 11 2018 QY - West Dean - LC between LMM.com Ltd and Rory is Signed and Filed!
To: Rory, SM
Contract for LC: Saturday, August 11 2018 QY - West Dean - LC between LMM.com Ltd and Rory is Signed and Filed!
To: Rory and SM
Attached is a final copy of Contract for LC: Saturday, August 11 2018 QY - West Dean - LC.
Copies have been automatically sent to all parties to the agreement.
You can view the document in your Adobe Sign account.
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<Contract for LC Saturday, August 11 2018 QY - West Dean - LC - signed.pdf>

Begin forwarded message:
From: Claire
Subject: Re: Contract for LC: Saturday, August 11 2018 QY - West Dean - LC between LMM.com Ltd and Rory is Signed and Filed!
Date: 20 July 2018 at 10:00:00 BST
To: SM
Cc: QY, KS, Production
Hello,
Thank you for the details, contract, and deposit which has been successfully received for Diáspora on 11/08/2018
I've inked the date(s).
This contract will be viewable via our online live calendar at www.redandblackmusic.co.uk/calendar.html and on our event diary distributed every Monday.
Let's be in contact soon to discuss the finer details of the event.
Many thanks,
Best Regards,
Claire Maillot

On 20 Jul 2018, at 09:40, SM wrote:
Dear QY,
Contract from Rory, as promised. I have cc'd Rory in for ease of contact to chat over the music. 
I will send the deposit invoice over to you. This is due within five days.
Please don't hesitate to get in touch if I can help further between now and your booking date. 
Kind regards,
Marta- Assistant to
SM

Contract - Diáspora - 11/08/2018​

From: Claire
Subject: Re: Contract - Diáspora - 11/08/2018
Date: 17 July 2018 at 09:00:14 BST
To: KS
Cc: SM, Production
Hello KS,
Thank you for your confirmation.
I've held the date(s).
This confirmation will be viewable via our online live calendar at www.redandblackmusic.co.uk/calendar.html and on our event diary distributed every Monday.
Please let me know if there is anything else you require.
Hope to hear from you soon.
Many thanks,
Best Regards,
Claire Maillot

On 16 Jul 2018, at 14:40, KS wrote:
Hi Claire
Thanks for your email. Now we’ve been able to finalise the additional set and timings for 11th August, I can process your invoice and have the deposit payment in our BACs run this week. You should receive the required deposit by Friday.
For all technical queries please liaise with.
I hope this helps. If you have any further questions please feel free to contact me.
Kind regards
KS
 
From: Claire
Sent: 16 July 2018 13:15
To: KS
Cc: SM; production@
Subject: Re: Contract - Diáspora - 11/08/2018
Hello KS,
How’s it going?
SM's authorised us to liaise with you directly on the deposit payment and sign a validated contract with her separately. I’m writing find out how it’s going with the deposit for Diáspora on 11/08/2018?
Please find attached and below deposit invoice for Diáspora on 11/08/2018
Please let me know if there is anything else you require.
Hope to hear from you soon,
Many thanks,
Best Regards,
Claire Maillot

On 16 Jul 2018, at 10:30, Claire wrote:
Hello KS,
Thank you for confirming we're going ahead for the extension of Diáspora on 11/08/2018
We're very happy to proceed with you for this event. Without getting into semantics though, I'd love to be able to put this to bed in terms of finances and legals, and reassure the musician(s) that the event is going ahead. Please can you send us the following details for this booking (and relevant deposit/remaining payments) so we can prepare a contract?
Your full address and postcode
Many thanks and looking forward to receiving necessary details for the contract,
Many thanks,
Best Regards,
Claire Maillot

Contract - Diáspora - 11/08/2018​

From: Claire
Subject: Re: Contract - Diáspora - 11/08/2018
Date: 16 July 2018 at 13:00:10 BST
To: SM
Cc: "production@"
Hello SM,
No problem at all, I’ll invoice the client directly for the deposit and sign your contract once validated.
Many thanks again for your understanding,
Best Regards,
Claire Maillot

On 16 Jul 2018, at 12:41, SM wrote:
I understand Claire but this event is at the stage where you should be invoicing for the full amount now and so if you do that this deposit problem will not be an issue. You need to speak to KS direct about the payment and see what she can do. It's a shame that W have made this so complicated but I have to admit that the more complicated it is for us and for clients the less bookings there will be as clients just want it to be easy. It seems to be getting a little too convoluted with us in the middle. Please speak to KS because she has advertised the band and booked you for more than all the other bands are booked for.

On 16 July 2018 at 12:00, Claire wrote:
Hi SM,
I’m sorry to hear of your confusion on the matter but the reality is that we’ve recently experienced a very serious client breach. As W Entertainment’s contract wasn't strictly watertight, we are now at risk of making a significant loss. Rory is currently liaising with the Musicians’ Union to recover these costs, and I’m happy to say that positive progress is being made. However, we’ve had to implement a couple of emergency stand-in measures. 
At present, we’re unable to enter into any further agreements without taking a 50% deposit up front so we can cover our own overheads. In addition to taking a 50% deposit, we're setting up an additional failsafe: each employment agency contract will be run past the Musicians’ Union individually to check its legality. Once we’ve received this deposit and validated your contract, we will be more than happy to sign.
Just so you know we’ve kept the event as it stands and all musicians held in our calendar: we would require a 50% deposit in order for the musicians to be booked and for the event to go ahead. Just to clarify, you’ll see in the deposit invoice that we would require this 50% deposit on return of the contract. If you wish to pay the deposit to us directly, that is obviously still possible, although at this stage I’d appreciate a quick note to confirm, so I can amend the deposit invoice accordingly.
I do apologise for the extra hassle that this is causing, but unfortunately this is due to the defaulting clients. We hope that this temporary measure won’t delay things much further, and I look forward to receiving the necessary deposit for this event.
Best Regards,
Claire Maillot

On 16 Jul 2018, at 10:57, SM wrote:
Sorry, again you have lost me. Didn't you run all this past the MU before, surely if you have done it once you don't need to do it for every one? I can't send my invoices until you have signed. I would prefer that you sign so that we can proceed further.

On 16 July 2018 at 10:45, Claire wrote:
Hello SM,
Thank you for the contract.
We’re quickly running it past the Musicians’ Union to check it’s watertight and then we will sign as soon as we’ve received the 50% deposit from the client.
Many thanks,
Best Regards,
Claire Maillot

On 16 July 2018 at 09:01, Claire wrote:
Hello SM,
Thank you for the update. Just to confirm, we will require a separate contract signed and a 50% deposit paid up front in order for this particular booking to be contracted on our side and for the performances to go ahead. Unfortunately, the timings haven’t been incorporated into a signed agreement thus far and we’ve been unable to complete the booking of the musicians as a result of this.
If the client wishes to proceed with an additional performance, that is obviously still possible, but we would need to revise the contract accordingly and a 50% deposit for the entirety of the afternoon would need to be paid on return of the contract to secure the booking.
Please let me know what is decided at your earliest convenience, I look forward to receiving the necessary contracts/deposits soon.
Best Regards,
Claire Maillot

On 13 Jul 2018, at 19:00, SM wrote:
Hi Claire
I am waiting for KS to confirm the timing of the extra set. I would prefer that you invoice for the full amount to the client at the 3 week before stage but if not then please arrange with KS. We can't change the reminders that go out.

On 13 July 2018 at 10:29, Claire wrote:
Hello SM,
Thank you for letting me know of the intent to extend the performance time for Diáspora on 11/08/2018. The additional cost will be £, making the total £due to artist.
We're very happy to proceed with the extra time for this event. Just to clarify, we will require an additional signed contract from the client and a deposit to secure the booking. On this occasion, the deposit is 50%. I can confirm that the deposit is £due to artist. If the client does decide to go ahead with this extension, I will invoice them for this amount, payable on return of the contract.
In addition, we will require the following details for this booking (and relevant deposit/remaining payments) so we can prepare a contract.
Client's full address and postcode
Start time
Finish time
Hope to hear from you soon,
Many thanks,
Best Regards,
Claire Maillot

On 13 Jul 2018, at 10:11, SM wrote:
Dear Claire
West Dean would like to go ahead with the afternoon show on the 11th, can you let me know what the fee was again as there are so many emails I can't find it

From: Claire
Subject: Re: Contract - Diáspora - 11/08/2018
Date: 11 July 2018 at 10:00:25 BST
To: KS
Cc: Production
Hello KS,
Thank you for the update. Just to clarify, we require a separate contract signed and a 50% deposit paid in advance in order for the event to be contracted on our side. Unfortunately, we haven’t received any confirmation of the timings and have thus far been unable to complete the booking of the musicians. If you wish to proceed with an additional set, that is obviously still possible, but we would need to revise the contract accordingly and a 50% deposit for the entirety of the sets would need to be paid on return of the contract to secure the booking.
Please let me know what you decide at your earliest convenience, I look forward to receiving the necessary contracts/deposits soon.
Best Regards,
Claire Maillot

On 11 Jul 2018, at 09:07, KS wrote:
Morning Claire
Apologies for the delay. SM, should have received the deposit confirming the booking. I’m happy to process your pre-event fee but my understanding is that the musicians are already booked for this event? Please let me know if this is not the case.
I am currently discussing an additional set with SM, which will therefore impact on the current contract and invoice. I’m hoping to hear back from SM and be able to confirm and finalise paperwork with you by the end of this week.
Thank you in advance for your patience.
Kind regards
KS
 
From: Claire
Sent: 11 July 2018 09:01
To: KS
Cc: production@
Subject: Re: Contract - Diáspora - 11/08/2018
Hi KS,
I am understandably concerned due to the absence of information received since the issuing of our contract (sent 4th July) for the event on 11th August 2018. I've not yet received the deposit payment nor any confirmation of the details in the contract. Please let me know if this booking is confirmed with the necessary contract/deposit as we won’t be able to book the musicians or proceed with the planning of this event otherwise.
Please find attached contract and invoice for the deposit of 50%.
Deposit 50% of the fee to be paid via BACS (online) on return of the contract to secure the booking.
Many thanks and looking forward to receiving necessary details for the contract,
Many thanks,
Best Regards,
Claire Maillot

On 9 Jul 2018, at 08:00, Claire wrote:
Hello KS,
How's it going?
I'm wondering how it is going with the details, contract, deposit for Diáspora on 11/08/2018
Please let me know if you have any questions, or if you require any amendments as we can adjust accordingly.
Once happy with all of the details, I will send a version for you to print, date and sign electronically via Signable.
Please let me know if there is anything else you require.
Hope to hear from you soon,
Many thanks,
Best Regards,
Claire Maillot

From: SM
Subject: Re: Contract - Diáspora - 11/08/2018
Date: 10 July 2018 at 15:04:57 BST
To: Claire
Yes I see Claire but we always tell you to invoice 3 weeks before the event for the full amount and if you aren't paid before the event you tell them you won't go. This problem only occurs if you don't invoice in time. 

On 10 July 2018 at 15:00, Claire wrote:
Hello SM,
I understand clients might wonder why they are having to pay/sign twice. At this point in time, we’re chasing 2 agency clients who are either taking over a month to pay or refusing to pay outright. The Musicians' Union Legal Advice and Assistance Scheme (LAAS), who are assisting us on recovering these unpaid fees, have identified that the third-party agency contracts used for these bookings are not 100% legitimate from a legal standpoint. Furthermore, employment agencies are not lawfully obliged to chase missing payments on our behalf. Given that the booked musicians were paid immediately following these events, the potential losses amount to £1492.00. Obviously, this has had significant repercussions for the label, both financially and in terms of our ability to operate as a business going forward.
For simplicity purposes, The Musicians’ Union has urged us to use standard 'L1' contracts for all employment agency bookings, and request a 50% deposit payment up front, so we're able to at least partially cover our overheads in the unlikely event of a re-occurrence.
I appreciate that this will create an added hassle for the clients, but sadly we’ve had to resort to such emergency measures in the short-term to protect ourselves from future/other losses. Please be assured that this small detail won’t require any further action on your part, and obviously, do let me know if you have any additional questions/concerns.
Many thanks again for your understanding,
Best Regards,
Claire Maillot

On 10 Jul 2018, at 09:10, SM wrote:
Ok, it was just a surprise as we hadn't been told and the clients will wonder why they are having to pay two lots of money and sign twice.

On 10 July 2018 at 09:00, Claire wrote:
Hello SM,
Apologies for the extra hassle. We’ve seen it occur recently that client payments are not made in part or entirely. We’ve been advised by the Musicians’ Union to implement standard L1 contracts in addition to the Employment Agency contracts, and take deposits where necessary. This is due to various security and legal requirements. We will be reviewing this policy in the coming weeks, but in the meantime we appreciate your understanding.
Best Regards,
Claire Maillot

On 9 Jul 2018, at 12:38, SM wrote:
Dear Claire
I am very confused as to why you are emailing the client and asking her to sign another contract for this event since we have already contracted everything. Is there a problem? I sent you the timings last week. Is it the extra contract for the earlier part you want? Please advise as I don't expect you to be sending another contract direct to the client for this.

On 4 July 2018 at 08:59, Claire wrote:
Hello KS,
Thank you for confirming we're going ahead for Diáspora on 11/08/2018
We're very happy to proceed with you for this event. Without getting into semantics though, I'd love to be able to put this to bed in terms of finances and legals, and reassure the musician(s) that the event is going ahead. Please can you send us the following details for this booking (and relevant deposit/remaining payments) so we can prepare a contract?
Your full address and postcode
Start time
Finish time
Many thanks and looking forward to receiving necessary details for the contract,
Best Regards,
Claire Maillot

On 2 Jul 2018, at 09:04, SM wrote:
Thank you Claire but the client booked the date and it shouldn't matter what time it will be, for this event I explained that it will take a long time to get in and out so extra time needs to be allocated.

On 2 July 2018 at 09:00, Claire wrote:
Hello SM,
Thank you, I have contacted the client to check the finer details of the event.
Unfortunately, KS hasn’t confirmed the performance timings and I’ve been unable to secure the lead vocalist’s agreement to the event as a result of this. We still have some time left but I’d advise the client to confirm these timings ASAP so we’re able to complete the lineup.
Please let me know if there is anything else you require.
Hope to hear from you soon,
Many thanks,
Best Regards,
Claire Maillot

On 30 Jun 2018, at 14:44, LMM Reminder wrote:
Saturday, August 11 2018: QY - West Dean - LC
Client:
Venue:
Map:
Artist:
LC
Further Information:
Date of event:
11th August 2018
Event Type:
Festival
Venue name and address:
Venue Telephone / Contact:
Invoicing name and address:
Client telephone number:
Artists contact details:
Band Lineup:
5 piece
Directions:
Arrival time of artist:
At least 1 hour before performance.
Performance times (please include breaks):
One main set late afternoon - timings TBC.
Finishing time:
As soon as set is over.
Food & drinks for performers (please confirm this is arranged and a contact person for refreshments):
A green room tent will provide tea coffee biscuits & hot water
Dress Code:
Casual,,,,,,,,,,,,,,,,,,,,,themed and bright costumes are however encouraged
Further Information:
The point of contact over that weekend will be
KS
The stage manager will be
Alan
Arrival for all acts should be via the Gardens entrance NOT the college gates
Acts will be directed to a private car park area close to the main stage area
Assistance will be given to transport equipment to both Main Stage and North Lawn area
All acts should be on site 1 hour minimum prior to first set , please be aware the country lanes leading to the venue get very congested with traffic so acts are advised to bear this in mind
A green room tent will provide tea coffee biscuits & hot water we ask due to volume of acts that this area only be occupied around the time of the performing sets
NO other guests are allowed back stage at any point
As the booking is now 6 weeks away, this is a reminder to contact the client to chat over the music and to invoice them. Please remember to include your bank details and a payment due date.
If you have any questions about this please call SM on [number].
Many thanks!

Begin forwarded message:
From: Claire
Subject: Re: Show Advance - LC - 11/08/2018
Date: 25 June 2018 at 13:00:19 BST
To: KS
Cc: "production@", SM
Hello KS,
No worries, thank you for letting me know.
Please can I check performance timings for LC on 11/08/2018
Hope to hear from you regarding those timings details soon.
Many thanks,
Best Regards,
Claire Maillot

On 25 Jun 2018, at 12:43, KS wrote:
Hi Claire
Thank you for your email and apologies for the delay in my response. Our entertainment consultant, QY will be in touch in the coming weeks to discuss tech riders and any queries you may have.
Thank you in advance for your patience, I’m really looking forward to the bands performance!
Kind regards
KS
 
From: Claire
Sent: 25 June 2018 09:06
To: KS
Cc: Production; SM
Subject: Re: Show Advance - LC - 11/08/2018
Hello KS,
How's it going?
Thank you for the booking of LC on 11/08/2018
We're looking forward to this event and hope you are too.
I sent you a show advance document detailing all of the finer details and arrangements. Have you received this? We'd really like to plan ahead and get a clear outline of the event. If there are any details that you are not happy with or are not sure about and would like clarified, please email me so we can discuss. If we are unsure on some of the details, we can check nearer to the time, if you prefer.
Please let me know if there is anything else you require.
Hope to hear from you soon,
Many thanks,
Best Regards,
Claire Maillot

Hello KS,
How's it going?
Thank you for the booking of LC on 11/08/2018
We're looking forward to this event and hope you are too.
Since the event is coming up soon, I've prepared a show advance document detailing all of the finer details and arrangements, which we can update as we go along to ensure that we are clear on everything. Most of these are simply standard details we check for every event, so not all may apply. Please take a look and let me know if there is anything you wish to add/amend. If we are unsure on some of the details, we can check nearer to the time, if you prefer.
Please let me know if there is anything else you require.
Hope to hear from you soon,
Many thanks,
Best Regards,
Claire Maillot
- - -
SHOW ADVANCE
Event
Diáspora
Date(s)
11/08/2018
AGENDA & DEAL
Artist
LC
Notes
Let's start by finding out some background information about the event. Please would you be able to give us a general description of the event so we can understand the context?
How will the music play a part in the event, and what was the inspiration for the music in the first place?
Does the event have a theme? It's always useful for us to know this as soon as possible so we can plan and prepare repertoire accordingly.
Any other information about the event you feel might be relevant?
Schedule
 - TBC
 - TBC
 - TBC
 - TBC
 - TBC
 - TBC
 - TBC
 - TBC
Payment
BACS
We prefer to take payments via BACS (online) as a more accountable method of payment, and also to minimise disruption during the performance. However, this can be made within 2 weeks of the event.
Pre-event check list (optional):
* Double check all the timings make sure the customer understands how much space and sound check/set-up time you require
* Double check the venue address and look up the travel route so you know where you're going 
* Who is the emergency contact for the day and what's their mobile number (event manager/best man etc.)
* Any repertoire, performance or dress code preferences
* iPod / DJ background music preferences (if applicable)
* Provide the client with the best mobile contact number for you on the day
* Payment: who should you see for payment on the day
* If the client is providing refreshments/food or a changing room, when and where will you need them
* Who is the main point of contact at the venue and are they aware of your space/power/changing room/refreshment requirements?
* Any special directions to access the venue / performance area
ITINERARY
Green Room
The artist requires a green room or secure storage space to change and/or leave instrument cases and luggage.
Guest Access
What is the policy with guests?
e.g., the artist might bring a photographer/videographer, or friends/family/drivers.
Parking
Parking onsite must be provided by the client/venue. If the artist cannot be accommodated onsite, the client / the venue must tell the artist where the nearest parking is located, and cover any costs.
Hotels
N/A
Meals
Will the client be providing refreshments / food & drink for the artists? If so, please advise us on the best arrangement and time for this. The artist requires a substantial hot meal + non-alcoholic drinks per band member, plus bottles/vessels of water for the stage.
PLI / PAT
What are the requirements in terms of Public Liability Insurance / Portable Appliance Testing? Public Liability Insurance is covered by Rory Duffy for all Red & Black Music engagements. Band PA was PAT-tested in April 2016.
The artist requires a safe source of electricity and a small table for the mixer.
Lighting / AV
The artist will not be bringing any lighting as this will be provided by the venue. If extra lighting is required, this can be outsourced, but would come at an extra charge to the client. Please consult your agent for the charges (where applicable).
Arrival / Get In
From what time can the artist gain access to the venue?
Please can you give us a contact name/number for the point of arrival?
Is there a separate access point for the artist so as not to disturb the guests?
Departure
The artist will breakdown and depart after the performance.
Is there a venue curfew / late licence cut-off point? For late events, it's always useful for us to know this in advance should the timings run behind schedule.
Set Timings
What are the set timings?
The artist usually performs for a maximum of 120 minutes performance time divided into sets (2 x 60 minutes / 3 x 40 minutes / 4 x 30 minutes). This can be divided up however you prefer over a maximum Engagement Time of 3 hours. If the contracted Engagement Time exceeds 3 hours, a proportionate percentage of the performance fee is/has been added to the quote.
Please consult your agent for the charges (if not already charged).
Requests
I have Cc'd Rory in case you have any additional music requests. Please feel free to liaise with him directly regarding the music. Optional iPod playlist between sets is included free of charge as part of the booking. Pre-prepared playlist.
Please consult your agent for any additional music request charges (where applicable).
Dress Code
Our standard dress codes are as follows:
• Smart, formal, white and red/blue/green for Diáspora.
Please let us know if you have any other requirement(s) and we will do our best to accommodate, subject to availability/suitability. 
The artist performs with banners. There is a small charge if the client requests to omit these.
Please consult your agent for the charges (where applicable).
Anything Else...
Please let me know if there is anything else we should know not covered above.
VENUE