ISM MUSIC JOURNAL MAY/JUNE 2021 | FESTIVALS 21
Festivals: Terms and conditions to watch out for John Robinson, ISM’s Head of Compliance & Legal, provides a reminder of some things to think about in order to make sure you and your employers are well prepared for any eventuality
With the prospect of live performances with audiences once again in sight, it is a good time to consider some points to watch for if you are getting offers for work or negotiating contracts. In this feature we take a look at some issues that may affect musicians who are contemplating performing at a festival.
Your contract: make sure you understand what it means Above: John Robinson, ISM Head of Compliance & Legal Photo: Emile Holba
Read our next feature for the performers’ perspective on returning to festivals
Practical details Your contract should also be clear about a number of practical details that are relevant when performing at a festival, including:
While we are all looking forward to live music resuming • date, time and duration of your performance. Can the promoter change the time of your fully with audiences, it is still important to make sure performance without your agreement? Check this. that any contract you have been offered deals clearly with what happens if the event has to be cancelled as • transport – who is responsible for getting you to a result of a change in guidance from the government the festival site, and from the performance space about COVID-19. to any agreed accommodation? Will you pay for this or will the promoter? Will the promoter try to argue that the contract is ‘frustrated’? If so, what are the provisions for your • arrival and access – when can you arrive and getting paid? Can you be paid for any preparation you what are the arrangements for access, passes, have undertaken? What happens if you have already parking? How far is the stage from your parking or incurred costs (eg already paid for or placed deposits accommodation? If you have any particular access for transport, equipment hire, additional musicians, needs, agree these in advance and get them in dancers, etc)? writing. Your contract may contain a force majeure clause. This could have a number of effects depending on the way that it is drafted. These can include the option to rearrange the contract for a later date, but you must be careful to make sure that these do not conflict with any other existing commitment you may have made. What happens if you unable to agree to a suggested new date because of existing commitments? These are matters which ideally will be discussed and agreed in advance. Clauses relating to cancellations and alternative dates can be complicated and drafted in a way which makes them difficult to understand, so we would advise you to check with our legal team if you are in any doubt as to the likely effect of the new contract you have been offered. These sorts of considerations apply quite separately from the exceptional circumstances currently arising in relation to coronavirus: cancellation arrangements should always be clear in any contract that you sign,
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and you should always understand what will happen if for whatever reason the booking cannot proceed, or if you are unable to fulfil your obligations because of illness or other personal emergency.
• soundcheck – what time, and how long? • equipment – will you be sharing equipment with other performers? Are there provisions to ensure COVID-safety? • accommodation – how will this be arranged, and who will pay for it? • food and subsistence – make sure you understand what provisions are in place for keeping you properly fed and watered while you are performing at the festival. If you have any particular dietary needs, you will need to let caterers or others responsible for providing food know well in advance. • technical requirements – your set-up may well require you to work closely with the festival’s technical teams. We have prepared a ‘how-to’ guide for members for setting up a technical rider that you can issue as part of your arrangements with the festival.
