Advice for developing a contract

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Hubbawho

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Hey everyone, like the most of you, I have been advancing my minor recording career for a few years. It's to the point where I'm "professional" enough to need deposits and contracts rather than just working based on my word. Countless times, clients have blown me off, forgotten, or even just expected me to not care when it came to studio time. This is probably because in the past I was nothing more than the typical amateur with a computer, a mixer, and a couple of mics. But things have changed...Does anyone out their have any advice on how I should approach this matter? Specifically, does anyone have maybe a template for a recording contract? Something that I could just base my own contract off of. I need help pretty soon as I am dealing with a few separate clients who aren't taking me seriously because in the past I wasn't running a business. Now I am in the transitional process of becoming more "professional". (meaning proper equipment, correct construction of rooms, a business license, and actual hours of operation) A few people have been continuously not taking me seriously because I was always just "the friend who was helping the band record." I'm wondering at what point should I do what real business men do and tell these people to take me seriously or get lost. (unfortunately a few of them are my friends who I used to just record for free as a hobby back in the day) Wondering if anyone can help me out with their experience as I am just working myself up the chain. Thanks.
 
if they're friends, they'll understand and not treat you like crap... otherwise they're not really friends are they - tell them what you just said and how you feel. I don't know how "pro" you are yet that you need contracts. but if they can't even show you respect... what the hell.
 
I can relate to where you are comming from. I didn't think of myself as pro enough to need contracts untill recently when I ran into a sticky situation reguarding ownership of recorded materal. I hope someone gives you some links to a site where we can all download some basic outline contract forms, which we can addapt to our needs.
 
Just don't make the mistake I made when first starting. Don't let your good nature/good intentions be mistaken for weakness/stupidity. I honestly wanted to help a very talented young local band get a good start. I recorded them for free 2 or 3 sessions over several months. All originals, excellent material but difficult because they had never recorded before. Can you say practice before recording? Anyhow, they started playing paid gigs so I mentioned once that I needed to charge something next time they recorded (very, very reasonable price). Didn't hear from them for months and they seemed a little bit standoffish when I went to their gigs. Later heard through the grapevine they had gone to another studio in another town and paid to record. Got to hear that demo awhile later through someone else and it sucked. The "producer" guy had them change some key elements of their songs and sucked all the life out of it. No dynamics, just blahhhh. Oh, but he had Pro Tools. Whatever. Anyhow, these guys don't even know (probably don't care) how they blew it for bands after them. Free doesn't exist anymore.

Sorry to hijack your thread for my rant. Old wound I guess.

DD
 
DigitalDon said:
Just don't make the mistake I made when first starting. Don't let your good nature/good intentions be mistaken for weakness/stupidity. I honestly wanted to help a very talented young local band get a good start. I recorded them for free 2 or 3 sessions over several months. All originals, excellent material but difficult because they had never recorded before. Can you say practice before recording? Anyhow, they started playing paid gigs so I mentioned once that I needed to charge something next time they recorded (very, very reasonable price). Didn't hear from them for months and they seemed a little bit standoffish when I went to their gigs. Later heard through the grapevine they had gone to another studio in another town and paid to record. Got to hear that demo awhile later through someone else and it sucked. The "producer" guy had them change some key elements of their songs and sucked all the life out of it. No dynamics, just blahhhh. Oh, but he had Pro Tools. Whatever. Anyhow, these guys don't even know (probably don't care) how they blew it for bands after them. Free doesn't exist anymore.

Sorry to hijack your thread for my rant. Old wound I guess.

DD
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Actually that's pretty damn good advice. I have to say I'm in the same boat sort of. I have done so much free work for the same like 10 of my good friends over the last 2 years, that they get offended or taken back when I talk about charging in the future. Sometimes it's hard for people to realize that you may have been an amateur a years ago, but now, things are completely different and it's time to pay for the service. I had always been just some "kid" who liked to record. All the cheap bands used my free labor and then talked about recording "diy" on their websites. - as if they did it themselves. Well now I have put thousands and thousands of MY dollars into a very decent project studio. True, I'm the same guy, but for God sakes at least stop referring to my recording process as "diy". It's NOT! I have a license. I have a trademarked name. I have business cards and a website. I have many years of education and experience. And I have put way to damn much money into equipment to not be taken seriously. So I understand what you're saying. But I'm not really sure what to do. I charge my friends really cheap, but when I go to the next band, that band might find it unfair if they don't get a deal. Or some other friends will get offended that I helped different friends a bit more. And so on. Maybe I should just follow your advice. No more free labor. Only thing is, then I'm afriad of having my few clients abandon me. (professionaly speaking, I'm VERY new. I only have roughly 6 clients at the moment.) I'm thinking, just be humble and nice for now. Ease that group into the process of paying for my services. And when they see how the quality has increased increadiby, they hopefully will support my BUSINESS. Cuz that's what it is, not any of this "diy" crap - A phrase used to ignore my services.
 
I think that there's one important thing missing in the contract above - that is what the client walks with.

Do clients walk with a CD copy of a rough mix? Does mixing time cost extra? Do you have a provision in the contract to hire you for this? Everyone should...it's a chance to increase your billing time and you would have better examples to play for other clients who are evaluating your studio.

Oh, and a contract should include language about the studio being able to have a copy of a song as an example for future clients.

The most important aspect of a contract, I think, is that it sets up very clear expectations for both parties. The last thing that you want is for a band to expect a fully polished recording when just paying for tracking time....

I'm not a lawyer, but I work for a software company setting up contracts with big universities on a daily basis...so I'm involved with explaining and drafting contract language quite a bit. If someone is really desperate, you may be able to pursuade me to help in exchange for a CD or something (again, as long as you understand that I'm not a lawyer). Just drop me an e-mail...
 
those are good points. I forgot to mention anything about owning a "copy" of the recorded material to use as examples. Thanks
 
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