Thread: How do I write a contract for an agent?

..c::Hello Ladies, I have a question about contracts and agents. I don't have an agent but my instructor got me gig, took a 2/3 cut, and I basically got 50.00 for a private party that was billed at 150-200.00 that i spent a good half a week preparing (sorry rant over). I informed my instructor that in order for us to be in buisness together (her hiring me out), I need a contract between us. So here's my question(s):

1) How much should an agent recieve? (I believe 2/3 is waayy too much)
2) Should I just taylor my personal contract to be between the two of us instead of for prospective clients?

Any advice would be good, I just refuse to be taken advantage of. Thanks!

Originally Posted by la_soraya

..c::Hello Ladies, I have a question about contracts and agents. I don't have an agent but my instructor got me gig, took a 2/3 cut, and I basically got 50.00 for a private party that was billed at 150-200.00 that i spent a good half a week preparing (sorry rant over). I informed my instructor that in order for us to be in buisness together (her hiring me out), I need a contract between us. So here's my question(s):

1) How much should an agent recieve? (I believe 2/3 is waayy too much)
2) Should I just taylor my personal contract to be between the two of us instead of for prospective clients?

Any advice would be good, I just refuse to be taken advantage of. Thanks!

IMO, 2/3 of the fee is WAAAY too much, unless she is putting in significant time to help you prepare. She should keep 1/3 at the absolute most - and generally between $25-$50 max, IMO (unless she is acting as a small agency and has advertising fees directly related to your gigs, etc). AND she should build the fee into the rate, instead of taking it out of your rate. This is what agencies I work with do - I tell them what I make, and they add their fee onto that. So say your minimum is $175, she could charge $200 and keep $25 for herself, or even $225 and keep $50, if she can negotiate for that rate.

You should definitely put a contract into place if you feel that a verbal agreement is not enough. It is up to you to decide when to CYA with a written contract - even an email exchange can act as an agreement in a court of law, but if you feel that may not be enough, then a written contract is a good idea.

thank you so much for your insight tamrahennatx! I will definately put together a contract. What you said made so much sense! She should build the fee in! Not just take it out straight :) Thanks again!

for some perspective, when i was working sag-aftra jobs, my agent took 10-15% tops!
2/3 commission for an agent is unconscionable imo

It depends. If she is finding and negotiating the gig, providing the costumes and props and transportation to and from, choosing and burning the music, organizing the sets and any choreography and training you up to any special requirements for the gig then 1/3 for you and 2/3 for her is reasonable.

However, it sounds like she found and negotiated the gig and you did the rest. For this kind of gig, I second Tamrahennatx's suggestion for TWO reasons. One, you need to decide on and get paid what you consider to be a reasonable fee for you. Second, you need to disengage emotionally from what your 'agent' is doing or getting and focus on what YOU get. If you want $200 for a party then tell your 'agent' that is your fee, and let her charge whatever extra she wants for her fee. That's how we handle the few gigs that come to us via outside agents. If they make a thousand from the gig, not our business if we got our $$$.

Also, an interesting upside: you learn that people are willing to pay your fee plus a percentage for you, which means there is wiggle room up when you negotiate with your own clients. And sometimes you'll learn (accidentally) just how much wiggle room that is. The downside: the agent 'owns' the gig (you cannot work for that customer again within a period of time without negotiating through the agent) and word-of-mouth goodness tends to accumulate to the agent, not you, especially if you are required to distribute the agent's business card, not yours.

Excellent advice above. Good for you for coming here to ask.

Originally Posted by maurazebra

... One, you need to decide on and get paid what you consider to be a reasonable fee for you.

In deciding "what you consider to be a reasonable fee for you"- please use the following articles (in links) to help you figure out what is fair for you.
Behind the Rates - Why Belly Dancers Charge What They Do by Shems
Rates Article

AND research rates in your area. Rates for belly dancers, clowns, Elvis impersonators etc. Do NOT undervalue yourself, your investments or your time.
As a professional, you want your rate to create a sustainable income, not just cover gas money and a CD. In many of the major metropolitan areas a 20-25 minute show at a party garners anywhere between $200-$400 (plus tips, plus mileage etc). There is of course a huge variance from city to city and to a certain degree from dancer to dancer.

Originally Posted by maurazebra

Second, you need to disengage emotionally from what your 'agent' is doing or getting and focus on what YOU get. If you want $200 for a party then tell your 'agent' that is your fee, and let her charge whatever extra she wants for her fee. That's how we handle the few gigs that come to us via outside agents. If they make a thousand from the gig, not our business if we got our $$$.
...

Yes.
I'd add however that if this is standard for how she does things- it would benefit you to seek business/professional advice elsewhere. You came to Bhuz, but find someone else local if you can.
I've had agents charge anywhere from $25-$100. But that's ALWAYS on top of my fee.

One thing I want to add is that if this is someone with whom you've had a long-term mentor relationship up until now, presenting her with a contract may be off-putting. Be sensitive in the way you broach the subject if you want to continue working with her. Sometimes bringing a contract into a pre-existing relationship can be taken as an offense, so be as tactful and diplomatic as you can in your negotiations with her.

Perhaps if you have a conversation with her about the current arrangement, letting her know where you would like to be, and then once a verbal agreement is reached you can say "do you mind if I type up what we've discussed so that we both have a copy for our records" or something similar instead of presenting her with a document that you've created on your own will make it seem like more of a collaborative process than one where you are dictating your demands (even if they are reasonable).

Thanks for all the good advice ladies: i just wanted to address 2 things:

maurazebra: while i understand that she has all the contacts, I provided the music, choreography, costumes, and props, all she did was make a phone call.

tamrahennatx: i told her that for us to work together in the future, that i needed a contract (she even had the audacity to say SHE'D write one up for me)- which i tactly declined. I undestand she considers hiring her students out as a buisness but if we're 'hired' then we deserve to be paid for our time and personal expense.

Thanks, keep the advice coming!

Another quick note, to understand my frustration with this 'agent', she even handed me her buisness cards to hand out at this party (to be clear, these buisness cards promote herself as a dancer and her as a teacher, there is NOTHING on them that says anything about an entertainment agency or that she hires dancers out).

So heres the full picture of what i experienced: i was booked for a gig by her (last minute nonetheless), was told the gig was about 150.00 (i never saw any money), told i would get about 50.00, prepared intensely, asked to pass out her buisness cards (which i declined to and explained to her later).

I understand now I got completely screwed over, hence why I'm hoping a contract will prevent this from happening again (sorry for the explanation again)

It is fairly common for agents to require you to use their business cards and/or require you to sign a contract promising not to directly accept any jobs from the customer in question without going through the agent for a period of time (13 months is common, because events often happen on a 12-month cycle -- birthdays, festivals, etc). In short, the agent got the gig and they want to continue to make money off it. It sounds like your agent-teacher understands what she is entitled to as an agent. Now you are getting a handle on what YOU are entitled to ... decent pay. And mileage! You can write up a contract but what is really going to matter is asking for and sticking to your desired price when she calls you. And by the way, for last minute jobs you might want to ask for more, it is often a case of the original entertainer cancelling at the last minute and you are saving the event.

Originally Posted by la_soraya

I undestand she considers hiring her students out as a buisness but if we're 'hired' then we deserve to be paid for our time and personal expense.
Thanks, keep the advice coming!

What honestly concerns me is that she thought it was OK and not a violation of a teacher-student relationship to
1) take such a high amount. It's no where close to standard for an agent and 2) as a teacher leading a student to go pro- she's neglecting to teach you about rates, not undercutting or other business practices or ethics.
Ethics and integrity is (ideally) something that one learns from one's teacher through both words AND example.

Originally Posted by SamiraShuruk

What honestly concerns me is that she thought it was OK and not a violation of a teacher-student relationship to
1) take such a high amount. It's no where close to standard for an agent and
2) as a teacher leading a student to go pro- she's neglecting to teach you about rates, not undercutting or other business practices or ethics.
Ethics and integrity is (ideally) something that one learns from one's teacher through both words AND example.

This is exactly what I was thinking!
I've experienced similar practices in the past, it sure makes you wonder about someones professionalism and sincerety (sp?) ..c::

B

Originally Posted by SamiraShuruk

What honestly concerns me is that she thought it was OK and not a violation of a teacher-student relationship to
1) take such a high amount. It's no where close to standard for an agent and 2) as a teacher leading a student to go pro- she's neglecting to teach you about rates, not undercutting or other business practices or ethics.
Ethics and integrity is (ideally) something that one learns from one's teacher through both words AND example.

I completely agree, it saddened me, made me look at her in a different way (i used to admire her so much and with that move, i seriously questioned her motives and ethics). But i just wanted to again say thank you for being here, because at least there's somewhere for those of us that have been shafted to get clarity and good ethics and correct rates. Thank you :)