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AFM
Contracts--The Musician's Best Form of Protection
Professional musicians know there's nothing like getting paid
for a gig. The American Federation of Musicians and its Locals
have negotiated collective bargaining agreements with a wide variety
of employers, such as the major recording companies, symphony
orchestra managements, and others, to insure that musicians get
paid for playing those types of jobs.
But not all gigs fall under those categories. Many performances,
like those in clubs, stage shows, and for private parties, etc.,
are negotiated directly between the musician and the purchaser.
Unfortunately, some professionals risk their wages by not filing
signed contract forms--and without a contract on file with the
Local where the performance is taking place, there's little your
Local or the Federation can do to get you your hard-earned money
in case you get stiffed. Standard AFM contract forms are easy
to complete, requiring only such information as the date(s) of
the engagement, the number of musicians playing the job, the name,
address and telephone number of both the signatory musician and
the purchaser, the type of engagement, the compensation agreed
upon, and the signatures of both parties.
It's also smart to include language in the contract that determines
how disputes over the terms and conditions of employment will
be resolved. (Using most standard AFM contracts takes care of
this for you.) This gives both you and the purchaser greater security
because if for some reason the contracted engagement doesn't meet
everyone's satisfaction an equitable mechanism for resolving the
problem is already in place. In addition, the AFM recommends that
whenever possible, members get a 50 percent, non-refundable deposit.
Under current consumer law, all deposits must be returned to the
purchaser in the event of a dispute, unless it has been previously
stipulated that the deposit is non-refundable. Once completed
and filed, the contract has the force of law and the AFM behind
it. If for some reason the purchaser fails to meet the terms agreed
to in the contract, the AFM or the Local will make every effort
possible to pursue monies owed to its members, including taking
the purchaser to court, in certain circumstances.
U.S.
Engagement Contract Forms
Form L-1: is for local engagements only and provides an option
for the purchaser to have any claim that might arise from the
contract arbitrated either by the Local Executive Board or the
American Arbitration Association.
Form L-2: is for local engagements only and differs from L-1 in
that it contains no provisions for the resolution of claims or
disputes. It's recommended for use in Locals that prefer to proceed
directly to court on behalf of their members by filing a suit
to enforce the terms of the contract.
Form T-2: is for traveling engagements. It contains no provision
for the resolution of claims or disputes, as the Federation now
proceeds directly to court, at no expense to the traveling member(s),
by filing a suit to enforce the terms of the contract.
Canadian
Engagement Contract Forms
CA 1: is for single or steady engagements. Those Canadian Locals
with bylaw provisions calling for payments to the pension fund
on miscellaneous and/or steady engagements should use the CA 1
contract format with additional language providing for pension
contributions.
Radio/Television Contract: is used for live, recorded or remote
radio and television broadcasts.
* Please note that U.S. musicians should use Canadian contracts
when performing in Canada and Canadian musicians should use U.S.
contracts when performing in the United States. Contract forms
are available from the Locals and Local officers will be happy
to help you complete the forms.
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