AN bookings process and protocol

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CM (booking agent) asked ED (artist liaison) to reach out to me regarding some new payment protocols that I have put in place regarding deposits and client contracts, i.e., taking 50% deposits to contract/ink agreements for Employment Agency engagements. From what has been explained to him, he wanted to catch up with me and hopefully get some texture and context, as it had the ability to make quick decisions on the client's behalf virtually impossible with the added steps that I have imposed. Nothing is ever set in stone on the agent's end. So, if they could make my life easier, they would do just that, within the confines of their business structure. ED could see a lot of unnecessary friction down the line and wanted to minimise that for all involved.

I thanked ED for reaching out. I was planning on doing so myself, but I was unsure when the appropriate moment would arise. Therefore, I was glad that he e-mailed me, and I appreciated it. I explained the background, and we followed up with a more in-depth conversation once he was back.

A law firm booked Diaspora (Dispersion) on 16th December 2021. The client (MM) requested a cancellation due to Covid-19. The MU advised me to charge 100% since the government had not explicitly prohibited office parties, and ’normal’ cancellation conditions applied. With W Entertainment's backing, the client reinstated the performance, but he attempted to cancel a further 2x (including when we were en route to the venue). I had to put my foot down and refuse to subject the musicians to such ambiguous treatment unless I received payment in full. On the night, the client made us sit in an empty lobby for 6 hours while he e-mailed me remotely from Colombia about a sham event that did not exist. It was an extremely anxiety-provoking experience for everyone involved. The musicians were fully committed to the date, and although supportive, they looked to me for the full payment of their fee.

It is not only this incident that has led me to this position. In 2018, I experienced two lengthy payment delays from W Entertainment clients, which put me severely out of pocket. On 6th May 2018, a wedding couple (Zara K) kept us at the venue for 2 hours longer than contracted while withholding information about the fluctuating changes to the schedule and held us responsible for the resulting deviations. With MU intervention, it took them until 29th August, almost four months, to pay (via cheque!), and I had to offer them a discount to pay at all. As a result, I made a loss for a booking that I had put considerable time, expense and thought into preparing for over several weeks and months. The situation left me feeling rinsed and exploited, with my faith and trust in humanity decimated.
​Read More: Zara K

The other 2018 incident was a corporate client (Zara D), for who we performed on 1st June 2018. Through no fault of mine, it took them until 30th June 2018 to pay due to an oversight in their invoicing / payment system.
Read More: Zara D

Over the years, there have been other examples (thankfully, not as serious!).
Read More: Late Payments

NB: the common ground has been where I am paid directly by the client, and I am left exposed. After the events of 2018, I started re-contracting agency clients with standard MU contracts.

Understandably, the practice caused friction with agencies as it was perceived to be a form of undermining.
Read More:
Contract for LC
Contract for LF
Stacy

The MU could not advise on working via agencies other than reiterating that I needed to use their standard contracts. So, I had no other option but to withdraw from this practice.

Regardless of whatever occurs on the client-side, I always pay the musicians the day after the performance to reduce impact. The 16th December incident forcibly reminded me of the risks that I am taking when hiring (as well as being hired). I decided that the simplest way to minimise the risk would be to take 50% deposits from clients when hiring musicians. Voting with my feet seemed like the only way forward. Thus far, W Entertainment and LMM have accommodated this practice even if I am subject to their contracts.

That said, I am making exceptions for trusted clients, i.e., Employment Businesses (as opposed to Employment Agencies): where the agency manages the payment rather than the client directly. As such, I remain protected. I have had a fantastic relationship with AN over the last decade. I wished to check with them because there might have been a misunderstanding. In the past, their clients paid me directly. Perhaps this changed?

Incidentally, in 2013, I had a cheque bounce from one of their clients who had recently come out of a divorce and was attempting to pay out of her ex-husband’s bank account. Luckily, she made a transfer as soon as I reported it. Sadly, not all clients are as lovely and honest as her.
Read More:
BACS Payments

For the Kew Gardens and Duxford Airfield engagements, AN managed the payment. That is a much safer scenario. If this is the case, and our agreements are with AN (rather than the clients), I would feel comfortable to ink musicians and show advance without taking deposits upfront.

I am full of praise for CM, who has worked wonders on the last two bookings. I cannot thank her enough for her kindness, patience, flexibility, perseverance, diligence and understanding (and sense of humour!) at all stages of the negotiations. Of course, I would love to liaise with ED on the best way forward, as it sounds like they are continuing to take all the necessary precautions, for which I am most grateful.

ED expressed how he read my e-mail in utter dismay. Clearly, we have been through the mill. Lightheartedly, I apologised for the "drama". I clarified that this protocol was due to a build up of incidents over several years (although it is largely attributable to the MM incident, which was the final nail in the coffin / cherry on top of the cake / straw to break the camel's back). I explained to him about how I used to re-contract and found an alternative way around it by requesting 50% deposits.

ED explained that AN can "front" my payment, i.e., they will put on our contracts that payment in full is required 21 days in advance and that if it is not received by that point, AN will step in and manage the payment / cancellation route if it comes to that. He had his managing director on messenger while he was calling. This shows what ramifications one client can have on multiple businesses and relationships. As a musician, I should not even be having to deal with these issues.

I recounted what happened with the phone call (14/12/2021). After he had attempted to cancel the 1st time, MM attempted to cancel a 2nd time. On the phone, he was questioning my professionalism and whether or not my actions would put people in danger. He was discussing contractual topics that should not have been discussed with me, least of all verbally! I told ED about how he had me on my own without the safety net of the agent and the Cc. It was intimidating. ED was dismayed and apologetic that I had to go through this. He reassured me that I am well within my rights to end such a telephone conversation by saying that I would need to liaise with my agent and get back to him. This is what I did, to get MM off the phone. As a musician, I am not qualified to have these types of phone calls. These should be handled by the agent. This is why it is much more secure working via agents than directly.

ED has now set up our 21 days payment information which will feature on the front of our contracts. In turn, it would be my responsibility to invoice the client well in advance of the event to ensure that the payment terms are upheld. Some corporate clients have a 30 day payment system in place! So, I must invoice early!!!

With every enquiry, it might be worth reiterating that this system is set up with advice from the Artist Liaison Team as it is not something that is done as standard for all acts. Subsequently, the terms and conditions of the contract would protect me up to 7 days before the event if the payment has not been made,  where a decision would need to be made by me with advice from AN.

I have thanked ED for his call and for arranging that. I will continue classifying AN engagements as Type Employment “Agency” (Employment Agency), as I understand that there is still 1 joint contract rather than 2, but I will invoice the client directly at the point of Show Advance (finer details). I will carry out the Show Advance at the point of signing the AN Contract rather than additionally waiting for a deposit before doing so. If the Show Advance happens within 21 days of the event date (i.e., if the booking is short notice), I may need to call ED in again for further advice but hopefully we can cross that bridge if/when we come to it. I understand that this is not standard practice and I appreciate him making a special arrangement for us!

From: Rory Duffy
Subject: Re: AN bookings process and protocol
Date: 23 March 2022 at 11:47:05 GMT
To: ED
Hi ED,
Thank you very much for your call and for arranging that.
I will continue classifying AN engagements as Type Employment “Agency” (Employment Agency), as I understand that there is still 1 joint contract rather than 2, but I will invoice the client directly at the point of Show Advance (finer details).
I will carry out the Show Advance at the point of signing the AN Contract rather than additionally waiting for a deposit before doing so.
If the Show Advance happens within 21 days of the event date (i.e., if the booking is short notice), I may need to call you in again for further advice but hopefully we can cross that bridge if/when we come to it.
I understand that this is not standard practice and I appreciate you making a special arrangement for me!
Enjoy the rest of your day,
Thanks,
Rory

On 23 Mar 2022, at 11:24, ED wrote:
Hey Rory,
Good to speak to you!
Sounds like you've had a real time of it!
So I have now set up your 21 days payment information which will feature on the front of your contracts. It would be in turn your responsibility to invoice the client well in advance of the event to ensure payment terms are upheld. Some corporate clients have a 30 day payment system in place just to make you aware! So you need to invoice early!!!!
With every inquiry it would be worth reiterating that this system is set up with advice from the Liaison Team as it isn't something that is done as standard for all acts.
The T's and C's of the contract would then protect you up to 7 days before the event if the payment hasn't been made,  where a decision would need to be made by you with advice from us.
Hope this helps and if you have any other questions please let me know.
Many thanks
ED

On Tue, 22 Mar 2022 at 11:59, Rory Duffy wrote:
Hi ED,
Thank you so much for reaching out! I was planning on doing so myself, but I was unsure when the appropriate moment would arise. Therefore, I am glad that you have e-mailed me, and I appreciate it. I will explain the background, and maybe we could follow up with a more in-depth conversation once you are back.
A law firm booked Diáspora (Dispersion) on 16th December 2021. The client requested a cancellation due to Covid-19. The MU advised me to charge 100% since the government had not explicitly prohibited office parties, and ’normal’ cancellation conditions applied. With W's backing, the client reinstated the performance, but he attempted to cancel a further 2x (including when we were en route to the venue). I had to put my foot down and refuse to subject the musicians to such ambiguous treatment unless I received payment in full. On the night, the client made us sit in an empty lobby for 6 hours while he e-mailed me remotely from Colombia about a sham event that did not exist. It was an extremely anxiety-provoking experience for everyone involved. The musicians were fully committed to the date, and although supportive, they looked to me for the full payment of their fee.
It is not only this incident that has led me to this position. In 2018, I experienced two lengthy payment delays from W clients, which put me severely out of pocket. On 6th May 2018, a wedding couple kept us at the venue for 2 hours longer than contracted while withholding information about the fluctuating changes to the schedule and held us responsible for the resulting deviations. With MU intervention, it took them until 29th August, almost four months, to pay (via cheque!), and I had to offer them a discount to pay at all. As a result, I made a loss for a booking that I had put considerable time, expense and thought into preparing for over several weeks and months. The situation left me feeling rinsed and exploited, with my faith and trust in humanity decimated.
The other 2018 incident was a corporate client, for who we performed on 1st June 2018. Through no fault of mine, it took them until 30th June 2018 to pay due to an oversight in their invoicing/payment system.
There have been other examples (thankfully, not as serious!). NB: the common ground has been where I am paid directly by the client, and I am left exposed. After the events of 2018, I started re-contracting agency clients with standard MU contracts. Understandably, the practice caused friction with agencies as it was perceived to be a form of undermining. The MU could not advise on working via agencies other than reiterating that I needed to use their standard contracts. So, I had no other option but to withdraw from this practice.
Regardless of whatever occurs on the client-side, I always pay the musicians the day after the performance to reduce impact. The 16th December incident forcibly reminded me of the risks that I am taking when hiring (as well as being hired). I decided that the simplest way to minimise the risk would be to take 50% deposits from clients when hiring musicians. Voting with my feet seemed like the only way forward. Thus far, W and LMM have accommodated this practice even if I am subject to their contracts.
That said, I am making exceptions for trusted clients, i.e., Employment Businesses (as opposed to Employment Agencies): where the agency manages the payment rather than the client directly. As such, I remain protected. I have had a fantastic relationship with AN over the last decade. I wish to check with you because there might have been a misunderstanding. In the past, your clients have paid me directly. Perhaps this has changed? Incidentally, in 2013, I had a cheque bounce from one of your clients who had recently come out of a divorce and was attempting to pay out of her ex-husband’s bank account. Luckily, she made a transfer as soon as I reported it but sadly, not all clients are as lovely and honest as her. For the Kew Gardens and Duxford Airfield engagements, you managed the payment. That is a much safer scenario. If this is the case, and our agreements are with AN (rather than the clients), I would feel comfortable to ink musicians and show advance without taking deposits upfront.
I am full of praise for CM, who has worked wonders on the last two bookings. I cannot thank her enough for her kindness, patience, flexibility, perseverance, diligence and understanding (and sense of humour!) at all stages of the negotiations. Of course, I would love to liaise with you on the best way forward, as it sounds like you are taking all the necessary precautions, for which I am most grateful.
Many thanks,
Rory

On 21 Mar 2022, at 16:37, ED wrote:
Hey Rory,
I do hope you are well,
My colleague CM has asked me to reach out to you regarding some new (ish) payment protocols you have in place regarding deposits and client contact.
From what has been explained to me, I'd really love to catch up with you and hopefully get some texture and context, as it has the ability to make quick decisions on the clients behalf virtually impossible with the added steps you have imposed.
Nothing is ever set in stone on our end so if we can make your life easier then we will do just that, within the confines of our business structure. I can see a lot of unnecessary friction down the line and want to minimize that for all involved.
I'm away at an event tomorrow, but usually in the office Monday-Friday 9-5:30
If you could get in touch when you can that would be great
Many thanks
ED