I spent my day in a meeting with my block booking consortium trying to solidify portions of my season for next year. (On my supposed day off! The things I do for art.) As we spoke, I was reminded of a conversation I overheard at the APAP convention last month. A man I assumed was giving an orientation lesson to new attendees was warning the new members against common missteps people make when negotiating contracts with artist agents.

Apparently the number of people and organizations entering the field who are poorly educated/informed about general practices, not to mention legal and ethical considerations inherent to the business is a big concern at the conferences.

With that in mind, I thought I would link back to my primer of presenting terms I did a couple years ago.

I also wanted to link to the Arts Presenters code of ethics but for some reason they are in a password protected area of the website. I can’t imagine why they would want the code of ethics to be secret. I see the code was in the process of being revised, but that was a year ago. They may have neglected to make it public on their website when they were done.

As a substitute, I offer the North American Performing Arts Managers and Agents code of ethics which the Arts Presenters New Colleague Handbook encourages people to consult. (The link to NAPAMAA in handbook is expired, use mine.)

I have linked to the guidelines before. I like the NAPAMAA ethical guidelines because they explain the problems caused by not adhering to them instead of just pronouncing things unethical. Out of concern that people may not follow the link, I am going to list a few of the more important points in the Manager-Presenter Relations section that the industry is concerned that people aren’t following.

2. Demonstrate leadership at every step of the booking and contracting process.

* Every step of the booking process activity should be a model for both sides of the bargaining table.
* Managers must be frank and forceful with presenters about the effects on artists’ careers of potential abuses, such as unreasonable holds, premature requests for contracts, and other restrictions, such as exaggerated exclusivity clauses….

4. “Holds” should only be requested and granted with the understanding that a decision will be made within an agreed time frame, generally less than thirty days.
* It is recognized, given the committee structure governing many presenting organizations and the complicated and delicate process involved in putting a season together, that the requesting and granting of “holds” may be a necessary step in the booking process. All parties involved must recognize and respect the good faith aspect of holds and not abuse the process.

5. Contracts should only be requested and supplied when all parties can confirm their intention to sign it.
* The contract should be completely, accurately and promptly executed, including any and all riders, except when specific retarding circumstances (government grants, etc.) are clearly defined.
* All parties, including the artist(s), should be fully aware of all conditions and be ready and willing to fulfill them.
* Subsequent impairments should be fully, frankly and promptly communicated to all concerned.
* Remember, verbal agreements are legally binding.

6. In the event of a cancellation, the manager and presenter should work together to maintain good will in service of future partnerships.
* The manager-presenter relationship is a partnership in the service of a larger cause-the bond between artists and audiences. The contract is a crucial link in that chain. If it is broken, far more is lost than what can be entered on a balance sheet. In the event a cancellation threatens, be it willful or not, the important thing is to save the bond. The process will be painful and difficult no matter what. The best preventive medicine is a thoughtfully designed and realistic contract. The only palliative is the frankness and good will of the parties.
* If, despite all efforts to prevent it, a cancellation does occur, all sides must use their best efforts either to find a suitable replacement artist or to reschedule the date….

8. Presenters must realize how much is at stake when they request a hold or a contract.
* Failure to honor a commitment can adversely affect the viability of an entire tour, with consequences not only for management and artists but also for other presenters. It is especially reprehensible when the desire to cancel stems from problematic ticket sales. Presenters will find managements and artists willing to assist in marketing and promotion efforts that can lead to increased sales. Such cancellations will involve reimbursements to management and artists.
* NAPAMA members are advised not to sign contracts that contain cancellation at will clauses.