As the world continues to corporatize everything from drugs to rock ‘n’ roll, we can get lost in the folds of marketability. On one hand, we are experiencing the end of the wild west days of the touring industry. On the other hand, the corporatization is allowing us to expand our skills into new venues that were previously separated from us. The corporate world and the concert world are two separate leviathans that are both willing to chew us up and spit us out if we are unprepared to negotiate with them. The goal of a negotiation is to find a mutually amicable agreement that benefits both the client and the provider. What is best for the client is not always what is best for the provider though. As freelancers, sole proprietors, and technicians we most often play the role of David and not Goliath. This article can help us suit up and prepare to battle the beasts with a sturdy coat of armor.
What’s your Rate?… What’s the Budget?
After we have confirmed that we are available for those dates, inevitably, the first question will be how much the gig pays. This leads to a chicken and the egg situation. As skilled laborers, we want to make sure that we get as much as we can for our time, skills, and labor. As clients, they want to make sure that they get the best provider without spending more than necessary. We want to look good for our families while they want to look good for their accountants. That means that we need to find an agreement that works for both of us. We’re immediately at a disadvantage because we love what we do. We realize that it’s foolish to publish this sentiment as a disadvantage, however it’s a secret that’s impossible to keep. We get such enjoyment from this niche occupation that combines art, technology, and teamwork with the sacrifice of time away from home and family. It would be hard to conceal our exuberance for what we do. But we still have mouths to feed, and that ain’t free. So, when clients ask what our rate is, we must put the ball back in their court by asking what the budget is. Forcing them to show their cards first gives us back a slight advantage.
The hardest part of negotiating projects with vastly different budgets is knowing that we want to provide the same amount of quality, depth, and completeness to every endeavor. We want the client with the $15K design to feel as satisfied as the artist with over $100K to spend. Different artists might place different value on our services, but they all feel deserving of a certain quality of work for having paid anything at all (and why shouldn’t they?) It’s important to look at the potential revenue that the tour will generate. It’s easier to charge for more time to service a client when you know they’re selling out arenas. However, a sold-out tour in small venues can only generate so much income. The artist on the small tour might ride a wave of popularity right into arenas, so we often invest extra time and effort in to a so-called “baby band” while recognizing that our own fees can only climb so high as a percentage of the size and scope of the tour. We still strive to make artists at both ends of this spectrum look spectacular.
Contracts?
Even after a combined 40+ years in the business, we have only worked a few shows that required us to sign a contract. We only know of a handful of designers who have a contract drafted by a lawyer that they use often. Having legal representation allows us to place some distance between ourselves and the negotiation. Allowing the lawyers to use their own jargon can often speed up the process. Management wants to have an assurance that the duties will be performed to the satisfaction of their artist. This can be a verbal agreement, an email outlining the design, a more formal “deal memo”, or contract. We have both entered into verbal agreements which would lead to the management team sending us a contract to sign that obviously had been drafted by a lawyer. Most were easy enough to read, sign, and abide by. Be careful of the term “at will”—this means either party can terminate the agreement at any time for any reason. It is difficult to get a client to agree to any financial consequence for terminating a contract early. So much of this industry is based on trust, and the trust is earned when the checks clear!
Overtime?
Overtime does not exist in the touring industry. Being part of a touring crew means that you have nowhere else to physically be other than within the tour’s orbit. Even on days off, it’s hard to completely escape the bubble; no matter how far you wander from the hotel, you’re still responsible to read the next day sheet and let work intrude on your one-day weekend. On show days, the touring crew collectively checks in to the temporary “office” before banks open and can have members still active when bars are closing. Your own hours fit somewhere within this workday, as long as your “gig” is fulfilled. Touring work hours are elastic, and there is something liberating in that freedom, notwithstanding the opportunity for a higher wage as part of a more structured remuneration schedule.
Location Matters
We have found that location matters when negotiating. A gig in Iowa might not be willing or able to pay as much as the same size show in Manhattan. Taking this into consideration is key. Someone living in Nevada will not have the same cost of living as someone across the border in California. An LA-based programmer does not have the option to work for less than they need to afford rent. The touring world is more forgiving, as we are negotiating for a place in a production that knows no physical boundaries. Roadies have been migrating since the beginning of the industry. We find homes where our hearts take us, as long as it’s close to a reasonably well-serviced airport. When you’re on the town with a road crew and the bartender asks, ‘where are you from?’ the number of different cities often matches the size of the group.
When negotiating, we constantly remind ourselves that we are not just being compensated for our skills, we’re also being paid to be away from our families. We’re being paid to eat food that’s not in our refrigerator. Inflation hits everyone, and while we’re not economists, it’s easy to see that when prices inflate at the grocery store, the only way to keep up is to inflate one’s own price. Locally, we want our unions or employers to put pressure on the promoter for higher wages. It’s up to all of us to work as a disorganized whole, being emboldened to ask for more and not work for less. We can support one another through transparency and communication. Even in pirate infested waters, a rising tide still lifts all boats.
