FROM THE DESK OF

FROM THE DESK OF... SHELLY HARRIS

YOU AND PYROTECHNICS

by: Shelly Harris / Entertainment Attorney

This month I will begin this column with the sad and tragic topic of the horrendous, pyrotechnic-caused fire involving Great White at the rock club in Rhode Island that has killed at least 96 people at press time.

Not three months ago, I had spoken to the band’s vocalist, Jack Russell, and, along with hundreds of other people, I had attended the band’s pre-Christmas charity gig at the House of Blues. (Where I don’t recall any of the pyro used similar to that in R.I.)

Other than sheer disbelief at the magnitude of that catastrophe and the human suffering it caused, my other first thoughts on the matter were:

1) How easily that could be me or someone I know.

2) It’s a wonder a similar event hasn’t happened previously in light of all the pyrotechnics I’ve seen bands use at other small and old clubs, not to mention larger venues.

3) The obviously poor judgment in using pyro is such an environment.

4) How the band must feel about the human loss caused by the fire and the fact that the band members who survived themselves may be scarred for life – far beyond anything physical.

5) How the band’s career, especially that of Jack Russell, who had just gotten a promising solo career off the ground, may now be permanently ruined, and, or course.

6) Just how important it can be for bands and artists to get ALL performance contract agreements and stipulations in writing, lest the finger be pointed at you in any civil (or criminal!) legal action related to your performance at any venue.

However, though the Great White disaster in Rhode Island is an utterly extreme case, the use of pyrotechnics or other beyond-basic stage props, is just one of many factors you should make sure to include in a contract for your performance services.

Below I will list some of the provisions you might want to incorporate (in a more or less logical order), while keeping in mind that venues don’t always offer bands and artists such contracts, but instead rely on “verbal agreements.” (In light of the above incident, and with knowledge of many other “horror stories” related to non-payment for services and or canceled gigs, or disagreements about performance dates, I would advise musicians and performers to draft their own performance contracts for presentation to a club owner or agent prior to a performance.)

Here, then, are some sample “boilerplate” provisions you may want to memorialize in a written contract for performance:

1) Names of musicians and Tax information.

2) The date, time, and duration of the performance.

3) Payment (how much or what percentage of the door, whether a deposit is required, potential cancellation fees or percentages, etc.).

4) Artist’s right to terminate: when and under what circumstances.

5) A “rider” containing other special provisions that are appropriate for the venue you are playing or relating to your own special concerns personally or professionally.

The all-important “rider” might also need to include things such as:

• What percentage of your merchandising the venue is allowed to take.

• Ticket sales and prices.

• Dressing room conditions or special arrangements, if applicable.

• The amount of “comp” tickets you will be allowed.

• Security measures to protect the band and/or the audience, if necessary.

• A “background music” agreement if you want certain music played before you go onstage.

• Arrangements for reviewing any promotional materials the venue issues prior to your performance.

• The amount of advance promotion for the show the venue or promoter will fund, if any.

• A promise of insurance coverage by the venue to cover injuries and damages if anyone is hurt during one of your performances.

• A sound system “rider” if you want to make sure the venue’s sound system meets your requirements, or if you want to supply your own.

• Video and audio taping provisions, if you care to prevent "bootlegs”.

• “Pyrotechnic Devices Rider Provision”! Yes, believe it or not, venues have almost always been wary of pyrotechnics, and most have always required such a provision in writing to limit damages and to comply with local laws. And now we can see very well why. . .

It’s always better to be safe than sorry!

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