Drafting a Club Promoter Contract
Performing club promotion services to clubs and venues without a contract in place is like playing Russian roulette. 80% of the time everything will go fine and you won’t run into any problems. However, on the rare occasions that things don’t go your way, you need some form of legal documentation to help path the way towards a smoothing transaction. There are HUNDREDS of things that could go wrong, but having a contract in place will give you the peace of mind knowing that your transaction is backed in writing.
A contract is a legally-binding document that’s used to negotiate the transaction between a club promoter and the club owner. Failing to properly set up or acknowledge this aspect of the industry could have disastrous consequences, placing the livelihood of your business at risk. If you don’t know how to set up a club promoter contract, keep reading and we’ll go over the basics of how to draft one.
Benefits of Club Promoter Contracts
- Defines exactly how you will get paid for your services.
- Creates less room for confusion between the two parties (you and the club owners).
- Legally protects you in the event of a non-paying client.
- Reveals a higher level of professionalism.
- Acts as a reminder to the responsibilities of both parties.
A club promoter contract is used to clarify the working relationship between a promoter and the owner of a club, venue or event. Remember, club promoting isn’t your typical nine-to-five job that pays a set wage. Instead, you get paid based on the terms set forth in your club promoter contract. While this is typically a pay-by-performance model, some clubs may try to sneak a fast ball by you and pay you a set amount. Unless this set amount if exceptionally high, it’s generally best to work on a pay-by-performance model, as this benefits both the club and the promoter.
Contracts: The Basics
Once you’ve been in the club promoting business for a while, you’ll quickly realize that nearly every client has special requests regrading your services. Some club owners may state that you have to pay a certain amount out of your pocket, while others will give you a bonus on liquor sales (so UPSELL!). No matter what details or prerequisites you and the club owner decide, a few things must should also be included in a contract. For starters, every club promoter contract needs to state who the promoter is (you), who the client is (the club), and the relationship of payment between these two parties. While this sounds simple enough, it can be quite complicated if you aren’t familiar with the industry.
Of course, the single most important element in a contract is the terms of payment. Regardless of how long you’ve been in the business, you should always define the payment of your services in a contract. It may only happen on your first gig, but eventually you’ll come across a client who doesn’t want to pay. Having a contract in place will protect your business in the unfortunate event of a nonpaying client.
It’s important to note that every club has different “rules” in place for paying its promoters. Some of them may offer to pay you $5 or more for each customer you bring on a specific night, while others may offer you a flat percentage based on the total number of customers. Before signing your John Hancock on any document, ask the club owner how they normally pay its promoters. If it doesn’t sound like it’s worth your time, then don’t be afraid to try and negotiate better terms. By valuing your time and energy, you’ll come off more professional in the eyes of a club owners.
You can download a rough example of a club promoter contract by clicking here. This is just an example of what a contract should look like, so don’t copy it word for word.
What To Include In a Club Promoter Contract
- Payment terms between promoter and club owner.
- Date of services rendered.
- Define the two respective parties.
- Actions taken when either party fails to meet his or her obligations.
- Any special requests from either party.
Should I Hire a Lawyer To Draft My Club Promoter Contracts?
One of the questions I get the most regarding club promoter contracts is whether or not a lawyer is necessary. This is really a tough question to answer, as every promoter’s situation is different. If you’ve worked with a club in the past and are comfortable with the contracts they draft, then you really don’t need to hire on lawyer. On the other hand, it’s probably a smart idea to hire a lawyer if you are working with a club for the first time.
Before you seek a lawyer, sit down and talk to the club owner to see what type of pay they’re willing to offer you and what they need in the contract. Once you have this information, call around to some various lawyers (assuming you don’t have one) and ask them if they would be willing to draft you a club promoter contract. It shouldn’t take much time or effort on their part, and it should only cost you around $200-$300 bucks. I know some of you might not want to part with a couple hundred bucks out of their pocket, but it’s well worth it for high-paying gigs. Check out LegalMatch.com to find a lawyer in your area.
If you still have questions about drafting club promoter contracts, feel free to drop a comment below and I’ll do my best to answer it.