Know the Terms.

This post is for musicians. Especially those in the cruise industry. It’s a small post that’s part of a more extensive series on agents and understanding a representation contract. This post is about terms relating to length and termination.Scenario: The Terms of My Contract with You:You hire me to represent you and secure work on your behalf. In exchange for my efforts, I ask you to pay me 10% of your gross earnings from any source. Our representation agreement begins with the date you signed your name and ends when we either one of us decides that the relationship isn’t working out.  During our relationship, I will have spent time and monies introducing your talents to potential employers. I may also have booked you with employers. If you end the agreement with me, you can contact those employers to secure your service after 365 days from when you terminate this agreement. If you do book an engagement within the 365-day window, you will pay me a fee equal to 15% of your total earnings as damages.Below is how the terms look bulleted out:I will work to secure work on your behalf.You will pay me 10% of your gross earnings from any source.The agreement starts when you sign the contract.Our agreement concludes when you or I decide to end the deal.I will also expend time and money to introduce your talents.I might secure employment for you.365 day non-compete from the time you end the agreement.15% of your earnings are due to me as commission if you rebook during the 365-day blackout.The above terms are fair. They are also in-line with what you would find from most agencies. However,Some cruise line agencies use different conditions that cause trouble:Often there’s not a right for either party to terminate the representation contract.If there is a termination clause, the non-compete term lasts 2-years.Most agreements do not allow the musician to cleanly terminate the representation if the agent is not performing their duties.There could be more. From my experience, these are the top issues cruise musicians have with representation agreements. Below, I listed suggestions that both musicians and agents can use to improve their experience. I especially hope that agents take special note.    Musicians: Look Out for the Following AttributesBe able to identify the actions the agent will take to secure work on your behalf.Check for a right to terminate clause.It’s best to have termination provisions with a transparent process.Agents: You Can Improve Your IndustrySpell out an explicit termination provision that’s fair.Create an open and fair process for the representation agreement to be terminated.Consider revising your terms to make your client’s experience first and your protection second.All: Carefully review your contracts. Make sure there’s a clear way to let the other party know you’re not happy, that what they’re doing doesn’t work, and that you can end.  Know the terms. Mini-Series Disclaimer:I’m not a licensed legal professional. I’m not offering legal advice. I am providing insights from previous experiences in the entertainment industry and from working as an agent. If you have legal questions, concerns, or need legal advice, always contact a licensed legal professional.

2019-09-09    
Agents Don't Own You.

You Own You.This simple post is for musicians. Especially those in the cruise industry. It’s a small post that’s part of a more extensive series on agents and understanding a representation contract. Today’s post is about non-compete clauses.  Understanding Covenants to Not-Compete, or non-compete clauses, are involved. There are many variables. In the United States, each state has its own laws that constitute the enforceability of these clauses. Because there are so many variables, I am going to provide information most relevant to the experiences I’ve encountered.  To start…A familiar scenario…Person A has a steady gig at a restaurant providing a jazz trio.Person A engages the services of two other musicians to perform as members of the Trio.Drummer B approaches the restaurant owner and offers a cheaper option than Person A.While not written out, when you are on someone else’s gig, there’s an implied agreement not to steal from the leader. Agents use a similar clause in their contracts, they’re called “non-compete” or “restrictive covenants.“Typical Attributes of a Non-Compete Clause:Restrict an individual from engaging in competition with their previous employer/agent.Limited in scope: the clause may be in effect for a pre-determined time after employment ends and/or cover a limited geographic region.These types of clauses are common in employment and artist representation contracts. Like the scenario of the jazz trio, they’re designed to protect an employer’s interest while not restricting an individual’s ability to secure work.  Cruise line agencies use similar non-compete language in their representation agreements with artists. What makes them different?Restrict an individual from engaging in competition with their previous employer/agent? Yes.Agrees upon a pre-determined time after employment ends? Yes.Limited geographic region? No, as it’s not relevant. Some contracts limit an individual’s ability to seek employment with sister brands. This may not be legal - always consult an attorney.Take-AwaysNon-Competes are a legitimate and fair way of doing business.Agents use these clauses in a way consistent with others.Musicians use these types of agreements without realizing that we do - it’s built into our culture.Why do musicians and agents get into trouble? The problems most often stem from other parts of the contracting process, and most agencies do not have a clear picture of their client. We will continue to discuss this and other topics over the next several days. Follow along to learn more.  Agents Don’t Own You.You Own you.Mini-Series Disclaimer:I’m not a licensed legal professional. I’m not offering legal advice. I am providing insights from previous experiences in the entertainment industry and from working as an agent. If you have legal questions, concerns, or need legal advice, always contact a licensed legal professional.

2019-09-08    
Agents. They Are Not Bad.

This post is for musicians. Especially musicians in the cruise line industry.  If you are like most people I know, you are probably surprised by the title. Agents are not bad. They serve a purpose. To those that need someone to broker employment contracts, agents are essential. If agents are not corrupt, then, how do they receive such a bad rap?It starts with you.In my time as a contractor and a leader, I have received thousands upon thousands of requests to help sever agent agreements. Nine times out of ten, musicians would say the agent is doing nothing for them. In many instances, that’s probably true. I have been in that musician’s position before; I don’t like it. However, it is the situation we deserve because we signed the contract.  I am not going to write about awful musicians, how to get out of unfair representation contracts, or how to get your employer to get in the middle. No.  I am going to write about how to understand a representation contract. I will write about the transactions that customarily occur behind the scenes. I will write about these subjects with the hopes that you can apply this knowledge to your current situation.  There will be several posts over several days:Covenant restrictions.Commissions - Who Pays What When.Tortious Interference - Don’t Get In the Middle.Do Not Pay to Play.Starting Your Own Agency.My goal is not to interject too much opinion, but rather, arm you with information. I do have my views about many talent agencies. For the most part, they are good people trying to do honest work. There are some that I don’t agree with their manner of doing business, and I have shared my concerns with them — no need to spread bad vibes here.I hope you’ll join me and follow along in the explorations of agents. They are not bad. They serve a purpose to those that need someone to broker contracts of employment. Like most things, use them the way they were intended. If they don’t serve your purpose, they’re not for you.

2019-09-07    
Now What?

This post is the last of a 3-part bit on stories and their importance.

My inspiration for writing these articles came from the work of Marshall Ganz. Ganz believed stories speak to the heart of people. Leadership storytelling speaks to the hearts of those in your charge.

  1. You’ve shared your story of self-development. You’ve stated what happened in your life that you are here to steward our mission and lead us.
  2. You shared our story. Like the sage, you’ve shared the history of our tribe and our tribe’s values.

Now, this story is the call to action. Here, you tell us what we are to do. You ignite within us a fire to go forth and make the change our tribe seeks to make. To quote Ganz:

2019-09-06    
Share Our Story

I had previously shared the importance of sharing your story

What about, as Marshall Ganz puts it, the story of us?

If you’ve been following my blog, you know that I’ve discussed the importance of having a mission, being the change, leaving a legacy, and sharing the story of how you came to be. If you take these concepts and apply them, you’ll have developed a tribe of people who believe what you believe. But that’s not enough.

2019-09-05    
Share Your Story.

Are you real with the people you serve?

Do they know how you came to be who you are right now?

Share your story.

Your story does not have to be a melodrama complete with abusive operators, starvation, poverty, and horror; though it might be. Your story is an authentic telling of what led you to serve the way you serve. It’s what led you to become the artisan you have become. We care.

2019-09-04    
Who Are You For?

If you’re reading my blog, you are most likely working in service to another person or business. Could you be an artist serving your fans? Perhaps a recruiter serving their hiring manager? At the end of the day, you are a human helping another human. But who are you for?

I help people uncover their motivations so that they can build a more engaged life for themselves. [Edit 2/1/2026] For a fee, I provide personal branding services to job seekers with the hope they’ll find a role that allows them to be the change they want to see in the world. It’s fulfilling work, and it’s for those job seekers that need my help. If you are not in that position, this service is not for you. You’d be wasting your money and your time. Who are you for?

2019-09-03    
Get Outside. Explore.

You do not have a good reason not to be spending more time outside. Unless of course, your work is outdoors.    

The benefits you would derive from spending more time outside are immeasurable.  

I enjoy hiking. I would not describe myself as “outdoorsy,” nor would I describe myself as a “hiker,” I love being outdoors. For me, being outside is an opportunity to explore, and I love exploration. I see it as a chance to learn more about the world around me, relate what I’ve learned to another thing, and build a more massive mental construct of the world. Doing so allows me to see my own role in the world better. What works for me doesn’t have to work for you.

2019-09-01    
You Are Not Your Mind

You are not. The thoughts your brain creates does not have to become your reality. It’s your choice. You are not your mind.

In the past, I’ve struggled with what some call bipolar disorder. I choose not to label myself. There are times where my energy may be slightly elevated, and there are times it may be somewhat depressed. But since realizing that this energy level does not dictate my behavior, my ups and downs are considerably more manageable. How was I able to manage my energy? Hello, Mindfulness!

2019-08-31    
Leave a Legacy

Be the change you want to see in the world. Then, let others take your torch and spread your vision; this is a legacy.  

Being proud of yourself requires you to see the impact of your work. To do this, you are required to think about how you’d like the world to change after you’re gone; this is deep.

In my life, I’ve struggled to see my impact on the people I’ve touched. I never felt the need to think so deeply about my actions; I was wrong. I did not accept compliments, appreciation, and other forms of recognition well. As a result, I never truly felt fulfilled, happy, in my work, and my life. I changed my life.  

2019-08-30