Contracts & Negotiations-- Kenyon College

1. CONTRACTS &
NEGOTIATIONS
Kim Blank, Asst. Director of Student
Activities

2. AN EXCERPT FROM
PITBULL’S RIDER
APPROX. COST:
$1400

3. CONTRACTS &
NEGOTIATIONS
IMPORTANT POINTS
BEFORE YOU BOOK
PARTS OF A CONTRACT
THE RIDER
WHAT TO LOOK FOR
NEGOTIATING

4. MOST IMPORTANT POINTS
REMEMBER:
A contract is legally binding, often even if it is just a
verbal agreement. Don’t have the money in your
student org account but you signed? You
(personally) could be on the line for that
performance or vendor fee.
Also, always remember to check to see if the date is
over-programmed (you don’t want to run opposite
a campus-wide event that would compromise
attendance)
Never commit until you are sure you can pay, find a
space, and make everything necessary work.

5. BEFORE YOU BOOK
 Identify dates that work
 Check Kenyon Calendar for conflicts
 Find out when artist/performer is in the area
 Call the agent(s)
 Phone calls are usually easiest for reaching agents
 Further correspondence can be done via e-mail
(always best to get things in writing)
 Get a quote or a price range
 You can give them a range, rather than your exact
budget (be conservative)
 Ask for a rider and their other needs

6. BEFORE YOU BOOK
 Before you book a performer/vendor:
 Don’t give away your actual budget (give a range
if they ask; don’t make it easy for them to
overcharge)
 Ask for a rider whenever possible– those are the
charges that can sneak up on you later (and
make or break an event)
 Don’t feel like you need to just accept their price;
this is like buying a house, feel free to make a
lower offer
 Ask about ROUTING
 Is the performer in the area in November? Try to book
in November– they should be cheaper since they’re
nearby.

7. PARTS OF A CONTRACT
 Vendor information
 Client information
 Date of appearance
 Times (start, end, sound check, load-in, etc.)
 Additional requirements
 Lodging & Transportation
 Hospitality
 Financial terms
 The rider
 The fine print/ legal stuff

8. VENDOR & CLIENT INFO
 Make sure all information is correct
 Make sure the addresses are accurate
 Address of performance (they probably don’t
know where Rosse Hall is– give physical
addresses when possible)
 Address of client (where any correspondence
should be sent: a campus office, not your P.O.
box; Student Activities is 100 E Brooklyn St,
Gambier OH 43022)
 Address of vendor/performer: double-check
where they want the check to be sent (agent vs.
artist)

9. DATES & TIMES
 Always double-check to make sure everything is
correct (Saturday, September 22nd not Friday,
September 22nd)
 What are all those times?
 Start: actual time performer is expected to take the
stage
 End: actual time performer is expected to leave the
stage (75 minutes is 75 minutes, not 63)
 Sound check: time the performer wants to be able to
check his/her technical equipment & sound
 Load-in: the time at which the performer wants to be
able to arrive and unload gear (before sound check)

10. ADDITIONAL
REQUIREMENTS
 Sometimes listed here, sometimes listed in the
rider
 Certain tech needs
 2 wireless microphones
 (3) 110 volt outlets
 Always best to check with the venue or Student
Activities if you are uncertain
 Remember: if we don’t have it and you have
signed for it, you are responsible for paying for it
through an outside vendor (could cost hundreds
or thousands of $$)

11. LODGING &
TRANSPORTATION
 Sometimes listed in the rider– don’t assume
nothing listed means nothing expected (spell it
out)
 Lodging (ask for Kenyon rates)
 Kenyon Inn
 Holiday Inn Express
 Transportation
 Client paying all (we don’t want to book their
tickets)
 Client paying lump sum in contract
 Client providing ground transportation

12. HOSPITALITY
 Food, drink, creature comforts
 Example: musicians might require a certain tea or
towels if they are active performers
 You’re bringing a 2-man band. That just means
food for 2, right? Possibly wrong.
 Read the contract & rider careful for meal
requirements. This can be where you negotiate
and mutually agree to cross out certain terms.
Some artists ask for food for them, road manager,
guests, etc.

13. FINANCIAL TERMS
 Paying all at once vs. paying a deposit
 When is the deposit due?
 To whom do you make out the check?
 When is final payment due?
 This might be before the performance! Look
carefully
 Handing the check to the performer vs. mailing
to the agent or agency
 When in doubt, always follow what the contract
says

14. THE RIDER
 Basically a catch-all for other requests or
needs
 Sometimes includes food, comfort items,
things necessary for a performance (i.e.
disposable props used by a magician)
 Can be costly– be sure you figure this into
your expenses
 Can also be time consuming: does Wal-Mart
or Kroger sell that fancy beverage the band
wants?
 You can negotiate and cross things out!

15. KENYON’S CONTRACT
 No contract provided? No problem

16. THE FINE PRINT & LEGAL
STUFF
 Right to change/cancel
 Sometimes popular performers include this so they
can back out if they get a bigger gig (MTV, etc.)
 Force majeure: “superior force” or “chance
occurrence”
 Essentially frees both parties from obligation due to
an extraordinary event or circumstance beyond their
control
 Sometimes used interchangeably with “Acts of God”
Force majeure is broader (i.e. war isn’t an act of God)
 Sharing merchandise revenue
 Common if artist is selling CDs, t-shirts, etc.
 Make sure you are okay with the terms (80-20 is
standard)

17. THE FINE PRINT & LEGAL
STUFF
Good things to add to an addendum:
 Equipment
 Acts of God
 Rescheduling Performance
 Inclusivity
 Delay of Performance
 Control of Performance & Damages
 Limitation of Contract & Addendum Terms
 Deposits & Method of Payment
 Indemnity

18. WHAT TO LOOK FOR
 Does everything make sense and seem
reasonable?
 Are all the people, places, and times correct?
 Have you figured out how much the “extras” are
going to cost? (Tech needs, hospitality, lodging,
transportation items, rider)
 Can we realistically fulfill their needs and they
ours?
 W-9: tax form we need if we haven’t worked with
this vendor/artist before (they’re used to giving
this out)
 By hosting this event, are you being good
stewards of the fees Kenyon students pay to
support student activities?

19. NEGOTIATING
 After you have a contract:
 Negotiating the terms is often easier to do over
the phone, but make sure you have everything in
writing
 Send e-mails to confirm EVERYTHING (paper
trail)
 Crossing out anything on a contract? Initial beside
it to indicate who crossed it out
 You can send a contract back & forth with edits–
make sure to get both parties to sign/initial & date
(so it is clear which is the most recent version)

20. THE FINAL DEAL
 Unsure of whether something is a good deal?
 Student Activities staff works with vendors often
and can provide advice about who is easy to work
with, who is cheapest, or whether a price seems
reasonable
 Remember: we don’t pay tax
 Is this something that falls under other areas as
well?
 Fun Funds
 Gund Funds
 Phebruary Phunds
 BFC

21. QUESTIONS?
Student Activities Office
100 E. Brooklyn St
(White house behind The Market, across from
Gund)
Kim Blank (Asst. Director of Student Activities)
blankk@kenyon.edu
X 5335 on campus
Sam Filkins (Asst. Director of Student Activities)
Christina Mastrangelo (Director of Student Activities)