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Mark Sonder Productions, Inc. welcomes Dana Lynn Bernstein,
CMP as a contributing editor to our Summer Issue.
Planners should have a letter or agreement with all the vendors
that supply goods or services for the meeting. Event standard
music contracts should have certain provisions in it to assure
both sides understand to and adhere to the outlined expectations.
If it is in writing and both parties agree to the terms including
the quality of the service that is to be provided, there will
be less confusion as to who is supplying what.
Looking at the total picture, the planner should contact
the hotel first. Ask the hotel the following questions; then
follow up in writing so there is no mis-understanding (copy
the band on the communication). You should find out if:
1. Does the hotel charge any fees to have a band play at
the meal function (eg, electrical charges)?
2. Is there a curfew for outdoor receptions? Any limitations
(I planned a meeting in Naples, Florida, and had to keep the
decibel level to a certain number as the turtles were in mating
season and we had to end music at 10PM - and the hotel actually
measured the level)
3. What is the room capacity and can it hold the amount of
people (8 people per 60"/10 people per 72") PLUS
the appropriate set up (buffet, dual sided tables, bar, stage,
etc), PLUS a band. You should know the net square footage
and if there are pillars in the room.
4. Are there any acoustic issues with the room - ceiling height?
5. Are there any electrical issues with the room that need
to be addressed and coordinated between the band and AV folks?
6. What time do you have access to the room for set up? What
is the tear down time? Any groups in the room after you group?
7. Loading issues with the band?
8. Any other bands in the hotel at the same time as your group?
What room will they be in? Will sound be an issue? What is
their agenda? How many people in their group?
In addition to the answers to the above questions, send the
band the:
1. Room diagram so they have the lay of the land
2. Contact information for the CSM (catering sales manager)
and the AV manager who will be working your event
3. Agenda (preliminary is ok until it is final)
4. Ask the band if they need a list of the AV equipment if
there is an elaborate set up. If it is a straight dinner even
with just the band, there is probably no need.
The person generating the contract makes the contract in
favor of him/her. It will rarely make sure it is fair to the
other side. It is up to the person reviewing the contract
to even the playing field and make sure that all parties are
covered in case there is a mis-hap. The following is a list
of items to be added to the band contract or confirmed:
1. The correct day, date, location, room, floor of the event.
2. Planners should ask to hear the music via CD first and
include a statement that the performers must be the same people
as those heard via CD. Confirm how many people are in the
band.
3. All costs must be listed in the contract. Any additions
should be signed off on. If they are not and the polices change,
your company will be excluded from paying these additional
costs.
4. The planner and his/her company is not responsible for
any injury caused to an attendee due to the band's negligence
(not-up-to-standard equipment, staff, wires not taped down,
etc). The band ensures it has sufficient fire, liability,
burglary, and other insurance coverage for any such event
or any injury that may occur, and to indemnify you and your
company as provided in this agreement. The band should make
sure they are not responsible for the hotel or planner negligence
as well.
5. Set up and tear down times should be listed in the contract.
Any communication between the planner and hotel vis-à-vis
the band should be sent to the band so they are on the same
page.
6. Attire - black tie, calypso, etc. Especially if you have
a theme, you should let the band members know; type of music
to play (or songs to avoid)
7. Only signed policies and agreements are valid and enforceable
(including general information policies, etc.).
8. Who pays for the bands meals, parking, shipping, shipping
insurance, etc. If the planner is responsible, they may want
to negotiate a lower meal rate for the staff.
9. What kind of music plays during the break, how long is
the break, can you have one person playing the guitar or piano
as background?
10. How much will it cost for overtime? What is considered
overtime (eg, if the dinner starts 30 minutes later because
of weather, and the band is contracted for 4 hours, will they
stay the extra 30 minutes as there was a delay?)
11. List the company members that can make changes. Especially
on site, you do not want the band to get a wrench thrown in
if an unauthorized person makes changes. Also, you want to
make sure there is a contact person from both the band and
the planning company that can authorize additional charges.
12. Indicate that the planner expects a high level of service
from the band members. The band ensures the planner that all
efforts will be made to accommodate the group in terms of
informing the best prices, alternatives, suggestions, additions,
deletions, etc, to make this meeting run smoothly.
13. Should either of the parties resort to litigation, arbitration,
or other form of alternate dispute resolution to enforce an
alleged breach of this agreement, the winner of the lawsuit
shall be entitled to reimbursement for its costs and reasonable
attorney's fees, including such costs and fees as may be incurred
on appeal.
14. In the event that the band contract and this letter of
agreement differ, list what will prevail (the planner's letter
of agreement or the band contract).
15. The band and planner representatives that sign this agreement
represents and warrants that he/she is a duly authorized and
appointed agent, fully empowered to bind the band and planning
company to all provisions contained in this agreement, and
that no further action is required on the band or planner's
part to enter into this agreement.
16. Each party agrees to indemnify, defend, and hold harmless
the other, its officers, directors, partners, agents, and
employees from any and all claims, loss, damage or expense
(including attorney's fees) arising from the negligence or
willful misconduct of the indemnifying party, its agents and
employees in the performance of its duties and responsibilities
under this agreement.
17. If any provision of this agreement is declared by a court
of competent jurisdiction to be invalid, void, or unenforceable,
the remainder of this agreement will continue in full force
and effect.
18. Force Majeure Clause: contract clause which limits the
liability should the performance be prevented due to the disruptive
circumstances beyond either parties control.
Suggested language: The performance of this agreement by
either party will be subject to acts of God; war (here or
abroad); government regulation or other governmental action
of any kind; civil disorder; fire, accidents, or other casualty;
disasters; strikes, lockouts, or labor disputes; terrorism;
environmental disaster; earthquake; hurricane; inability to
obtain labor materials, food, fuel, electricity, general operational
services or reasonable substitutes; curtailment of transportation,
facilities; dramatically increased/decreased attendance making
it impossible or impractical to hold the meeting within the
hotel; any other civil or governmental emergency; certain
economic factors; in the event that 25 percent or more attendees
are prevented or unreasonably delayed from attending the meeting
in the specified time period; or any other cause or reason
beyond the control of either party that would make it inadvisable,
illegal, or impossible for the hotel to provide the services
as stated in the this contract. It is provided that this agreement
may be terminated, without penalty, for any one or more of
such reasons by written notice from one party to the other.
In addition, this agreement may be terminated upon breach
of any materials item of the agreement, provided written notice
of such termination is given.
If there is a delay, the band will find a comparable replacement
within 30 minutes and there will be no additional costs associated
with the change. That replacement will adhere to and be responsible
for all contract clauses stated above.
I am sure the band has cancellation clauses in their contract.
Make sure they work for both you and the band in terms of
dates and dollar amounts. As with any contract, be specific
regarding the date and amounts (instead of 30 days to the
meeting date - 75%; list Tuesday, April 1, 2006, 5PM EST -
$6,000 - includes deposit of $4,000). Make it very clear.
FYI - If the sponsoring organization hires a band, they are
responsible for obtaining and paying for a license with BMI
and ASCAP (organizations that provide a license to play copyrighted
music, there is a charge for the license).
Dana Lynn Bernstein, CMP, has been planning domestic
and international meetings for more than 13 years. In addition
to a B.A., she earned a CE certificate in hospitality, and
a master's degree in legal studies/dispute resolution. She
teaches contract law, negotiation, and pre/post conference
management, and provides meeting planning, contract review,
and budget creation consulting services. She can be reached
at (973) 686-3436 or danahornstein@yahoo.com.
See Industry News: Music
as a Building Block for Event Management, by Julia Rutherford
Silvers, CSEP
This issue's featured artist:
ATOM The World's Fastest Painter
 Mark
Sonder, CSEP is the Chief Entertainment Officer of Mark Sonder
Productions, a leading national entertainment agency providing
headline talent and production services for large venues,
corporations and associations. In addition, Sonder sits on
the faculty of The George Washington University, Stratford
University, Northern Virginia Community College, University
of Nevada at Las Vegas (UNLV) and The University of the West
Indies. Event
Entertainment and Production is the book published by
Wiley authored by Sonder.
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