Arts Presentation ContractsUnderstanding the 3 types of performing      arts presentation contracts
All arts presentation contracts are 1 of                    3 types of business agreements.  Self-presentation  Contract o...
Self-presentationAll the rights and responsibilities are ours when we are self-presenting.We:   Plan the artistic content ...
Contract-of-service eventsExample: Your church wants to hire my chamber orchestra to play for your Easter concert.  The en...
Co-presentation Contracts (1)Example: Your choir and my chamber orchestra decide to co-present an Easterconcert.  We must ...
Co-presentation Contracts (2)Example: Your choir and my chamber orchestra decide to co-present an Easterconcert.  We must ...
Co-presentation Contracts (3)Example: Your choir and my chamber orchestra decide to co-present an Easter concert.  We must...
Co-presentation pitfall No. 1Subscribers expect concert is included in theirseason but this was not negotiated:  If one or...
Co-presentation pitfall No. 2One partner puts out a season brochure oradvertisement presenting the concert as theirsalone,...
Co-presentation pitfall No. 3One partner holds up marketing with endlesstweaks and delays :  Drop-dead dates need to be pa...
Co-presentation pitfall No. 4Last minute demands by one partner for the other topay unanticipated costs :  Do not make ass...
Co-presentation pitfall No. 5One partner changes key project parameterswithout consultation: repertoire, date, guest artis...
When is it time to re-negotiate a         contract-of-service event as a co-         present?   You would like to reserve ...
When is it time to re-negotiate a self-          present event as a co-present?   A venue is asking to market your events ...
Identifying what sort of contractual            arrangement you are negotiating            prevents problems.   Knowing wh...
Remember!   Knowing the type of contractual arrangementdetermines what issues you need to cover in thecontract and what th...
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Arts presentation contracts

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A very simple presentation to help arts presenters understand the three main types of arts presentation contracts. Once you agree on the type of contractual agreement you are putting in place, the rest is easy.

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Arts presentation contracts

  1. 1. Arts Presentation ContractsUnderstanding the 3 types of performing arts presentation contracts
  2. 2. All arts presentation contracts are 1 of 3 types of business agreements. Self-presentation Contract of services Co-presentationIn the arts it sometimes seems that there are endless varieties and shades ofcollaborations, partnerships and co-presentation agreements possible. But onexamination, you will see that all contracts are fundamentally one of these threetypes. Once you understand what type of arrangement you are negotiating,defining and ratifying the terms becomes easier and the roles of partners becomesclearer.
  3. 3. Self-presentationAll the rights and responsibilities are ours when we are self-presenting.We: Plan the artistic content Issue contracts to the artists Raise the money through earnings,grantwriting, donations Own or rent the venue, and any needed equipment Promote the events ourselves or pay marketing costs Retain all net revenues
  4. 4. Contract-of-service eventsExample: Your church wants to hire my chamber orchestra to play for your Easter concert. The ensemble proposes a fee for their services. Who pays fortransportation, accommodation, meals is negotiable. “All inclusivefee” means no extras. The contractor can choose the repertoire with the understandingthat if extra rehearsal is needed, the ensemble will ask a higher fee. Marketing, promotion of the event is the contractor’s responsibilityand all ticket revenue is theirs. Contractor provides the venue and other facilities that may beneeded for the event Ensemble’s sole role is to show up prepared and equipped toperform.
  5. 5. Co-presentation Contracts (1)Example: Your choir and my chamber orchestra decide to co-present an Easterconcert. We must decide who pays for:  hall, equipment  rental music, rights payments  rehearsal space  marketing campaign
  6. 6. Co-presentation Contracts (2)Example: Your choir and my chamber orchestra decide to co-present an Easterconcert. We must decide :  who has sign-off on marketing materials  how we will make repertoire decisions  how we divide up rehearsal space  who will pay for the marketing campaign
  7. 7. Co-presentation Contracts (3)Example: Your choir and my chamber orchestra decide to co-present an Easter concert. We must equitably divide up : premium seating for subscribers single ticket sales, or percentage of house box office costs program book costs/revenue Note that one partner often agrees to less ticket revenue in return for other concessions.
  8. 8. Co-presentation pitfall No. 1Subscribers expect concert is included in theirseason but this was not negotiated: If one or both partners want to accommodate theirsubscribers in premium seats, these seats need tobe withdrawn from projected sales If only one partner needs tickets for theirsubscribers, they should be ready to makeconcessions of equal value.
  9. 9. Co-presentation pitfall No. 2One partner puts out a season brochure oradvertisement presenting the concert as theirsalone, or makes mistakes in partner’s name, logo: Negotiate marketing language and sign-off inadvance.
  10. 10. Co-presentation pitfall No. 3One partner holds up marketing with endlesstweaks and delays : Drop-dead dates need to be part of the marketingsection of the agreement Partners forfeit their sign-off rights if they delaybeyond deadlines.
  11. 11. Co-presentation pitfall No. 4Last minute demands by one partner for the other topay unanticipated costs : Do not make assumptions about who pays what Identify and assign all costs in advance
  12. 12. Co-presentation pitfall No. 5One partner changes key project parameterswithout consultation: repertoire, date, guest artists Dates, repertoire and key partners need to be thestarting point of the contract Spell out a process for negotiating projectchanges
  13. 13. When is it time to re-negotiate a contract-of-service event as a co- present? You would like to reserve tickets for youraudience You want to include the event in your seasonmarketing The contractor would like you to assume some ofthe costs of production and or marketing.
  14. 14. When is it time to re-negotiate a self- present event as a co-present? A venue is asking to market your events as partof their season An artist, ensemble or management companywants to share production billing
  15. 15. Identifying what sort of contractual arrangement you are negotiating prevents problems. Knowing who is the presenter and who is the presenteedefines who pays for what. Unscrupulous people will take advantage of vaguepresentation agreements that fail to define responsibilities Inexperienced and naïve arts partners will make innocenterrors that can cause huge problems when they fail tounderstand their responsibilities: financial, decision-making,marketing.
  16. 16. Remember! Knowing the type of contractual arrangementdetermines what issues you need to cover in thecontract and what the responsibilities of eachpartner will likely be. Most contract misunderstandings arise whenparties do not fully understand the nature of theagreement and misunderstand their roles andresponsibilities.

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