presenting 101: the fundamentals of production and logistics -- contracts and negotiations

Presenting 101 • PAE ‘12

Presenting 101Friday 21 September 2012Performing Arts Exchange

H. Perry Mixter, Lead Faculty

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Session 2

• Today’s Topics:

• Production and Logistics

• Contracts and Negotiations

• Today’s Faculty

• Perry Mixter, Mixter Consulting

• Leslie Gordon, Rialto Center for the Arts, Georgia State University, Atlanta GA

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Let’s Go!• Introduction of Faculty

• Anyone new in the room today?

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Today’s Course Outline

• Production & Logistics

• Event & Production Planning

• Allocating Resources

• The “Advance”

• Execution and Logistics

• Contracts & Negotiations

• Budgeting

• The Event Deal

• Offer Letter

• Contracts

• Negotiating with integrity

• Cancellations

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Production & Logistics• Event & Production

Planning

• Establish event requirements

• Contract Routing and Management –how many eyes of approval are needed?

• Rental Equipment, Specialized Equipment or Backline requirements

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Production & Logistics

• Production Planning

• Scheduling

• Artist Logistics

• Travel

• Housing

• Ground Transportation

• Cargo

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• Production Planning

• Resource Allocation

• Labor/Personnel

• Venue(s)

• Equipment

• Other

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• Conduct “advance” meeting with producer/ artist representative/artist

• Tour of venue(s)

• Residency design; meet with community/board members; media visits

• Execution/Logistics

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Contracts & Negotiation • Budgeting – Macro to Micro

• What is your budgeting process? What approvals do you need?

• The 5% rule

• Allocating organizational overhead costs – include in programming budget or not?

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Contracts & Negotiation • Types/Structures of the Event Deal

• Straight Deal - flat fee only

• Split Point Deal – Artist agrees to allow Presenter to recoup base expenses (marketing/production costs), then share in the new revenue after the “split point”

• Four Wall or Modified Four Wall - a theater rental contract where the producer assumes responsibility for all of the expenses of a show and gets all of the revenue

• Other types of deals include Promoter, Co-Pro, Commissioning, and more

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• Benefits: you recoup your costs faster

• Artist receives base payment

• Presenter profit of 15% of production costs

• Split point = Total Cost plus Presenter Fee

• Profit = Gross less Split Point

• Net profits shared 85%/15%

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The 85/15Split Point Deal

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Contracts & Negotiation

• The Offer Letter

• Process once agreement has been made

• Making a proposal/offer – in writing, usually by email or fax

• The deal memo – confirming date in lieu of full contract, treat as binding legal agreement

• Holding dates vs. an offer29

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Contracts & Negotiation • Contracts

• How to read an artist rider and technical rider and what to look for; common terminology and common features (e.g. fee structures

• Understanding legal terms, contracts, and when the lawyers may be needed; institutional, local, state, or federal legal requirements.

• What is negotiable, what might be negotiable and what might be a deal breaker?

• Adding your own rider/addendum

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• Negotiating with Integrity

• Commit to clear and timely communication

• Honesty and fearless communication in conversations and negotiations

• Do not commit to provisions you cannot fulfill

• NAPAMA Ethical Guidelines

• Dealing with cancellations

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ilEnIllPn0DU8Tr0ilS

270 Fort Washingtsn Ave #6 e New York, NY 10032main: {646) 652-5418 . fax: (6116}-390-6587

PERFORMANCE CONTRACT11050

This AGREEMENT, prepared by Hyperion Productions LLC (hereinafter called "AGENT") is made on Monday, March 29,2010 between Rave On Productions (hereinafter called 'PRODUCER or ATTMCTION") and The Arts Partnership ofGreater Spartanburg, Spartanburg, SC {hereinafter called "PRESENTER") under the following terms and conditions:

PRODUCTION: Yesterday and Today NUMBER OF PERFORMANCES; I

DAY(S}Thursday

DATE(S}Apri l21st,2011

TIME{S}7:00pm

CONTACTMr. H. Perry MixterThe Arts Fartnership of Greater Spartanburg200 East St. John StreetSpartanburg, SC 29306OFFICE: 864-278-9669

VENUE INFORMATIONChapman Cultural Center200 East St. John StreetSpartanburg; SC 29306

Seating Capacity: 475

" EMAIL: mixterhp@ms€=€€s

/N\-- J'A(TANJA nl ' ot(4r

MOBf LE: 864-497-9290 FAX: 864-948-5353 Stage Dimensions: with wings,80'w x 35'dln-House Lights?+- i r^- - - - a - , . - J1I f l -nuuse Jgui lu r

PUBLICIW CONTACT TECHNICAI CONTACTSteve Wong Stephen SmithSame as ahove Same as AbovePHONE: 864-278-9698 FAX: 864-948-5353 PHONE:864-948-5350EMAIL: [email protected] FAX: 864-948-5353

MOBILE: 615-390-2682EMAIL: ssmith @spartanarts.org

PERFORMANCE FEE: $5,000.00ADDITIONATTERMS: Twelve {12} hotel rooms

DEPOSIT: $1,0OO.OO PAYABLE TO: l-typerion Procluctions FED lD: 20-5426533

"/rAa(h | 2btl

BATANCE; 54,000.00 PAYABIE TO: Rave On Productions FED lD: 72-1560315DtlE: On the day sf perJornnasrce (in the fa"n* af€e+*i--4e*Check, University Checlq e,r Money Qrder)

Contract Samples

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Official Offer Form

Hyperion Productions, LLC601 W 177TH ST #36

New York, NYUSA

10033Phone: 646-652-6418

Fax: 646-390-6587www.hyperion-productions.com

Date:

New Revised

Do You Have in House Lighting?

yes no

CONTACT INFORMATION

Organization:

Address 1:

State/Province:

Zip/Postal Code:

Office Phone:

Cell Phone:

Fax Number:

Contact Name/Title:

Address 2:

City:

Email:

Venue:

Address 1:

Address 2:

City:

State/Province:

Zip/Postal Code

Capacity:

Stage Dimensions:

Date(s) Requested:

Showtime(s):

Title of Show:

Fee / Budget:

Additional Terms:

VENUE INFORMATION

In House Sound?

yes no

PR CONTACT

Organization:

Address 1:

State/Province:

Zip/Postal Code:

Office Phone:

Fax Number:

Cell Phone:

Contact Name:

Address 2:

City:

Email:

Office Phone:

Fax Number:

Cell Phone:

Email:

Please fill out all applicable areas of this form. When finished, please print this form (upper right corner), sign below and fax back to us.

By Signing this form, I, the undersigned, hereby warrant my authority to submit this official offer on behalf of my organization:

Signed: ______________________________________________ Print name: __________________________________________

Organization:

TECHNICAL CONTACT

Contact Name:

Please fill out form before printing

Signatory / Title:

The Fully Executed Contract

The Offer The Arts Partnership of Greater Spartanburg Contract Addendum Page 1 of 4

PERFORMANCE CONTRACT ADDENDUM The signing of this Contract Addendum by the Artist or Agent thereof (hereinafter "Artist"), and The Arts Partnership of Greater Spartanburg, Inc. (hereinafter “Partnership”) shall incorporate this Addendum into the Agreement noted below. Failure of the Artist to sign this Addendum shall automatically cancel the Agreement. Attached to and made a part of the Agreement originally dated March 18, 2010 by Partnership and ART FEGAN ENTERGTAINMENT (Artist) regarding the engagement of The Golden Dragon Acrobats on February 4, 2011, the following terms and conditions shall apply, and if any conflicts exist between the language of this Addendum and the language of the Agreement, this Addendum shall prevail. FINANCIAL 1. Partnership will make all payment due Artist in the form of a Partnership check. At no time will payment be made in cash

or by certified check.

2. A copy of Form W-9 or Form W-8BEN is required from the Artist and its agent at the signing of this contract. Payment of performance fees cannot be made until a copy of the Artist’s and its Agent’s Form W-9 or Form W-8BEN are provided.

3. Partnership reserves the right to sell any and all concessions and merchandise including (but not limited to) food, beverage,

souvenirs, and souvenir programs, except for items that conflict with typical “Artist Merchandise.” Partnership will withhold 20% commission on all merchandise sold on behalf of the Artist.

4. Artist acknowledges that it is an independent contractor and not an employee of the Partnership. Partnership agrees to

prepare and file all tax information required of a person who hires an independent contractor and the Artist agrees that they have the sole responsibility for payment of any federal and state taxes arising from the monies paid by Partnership to the Artist for the Performance.

TECHNICAL 5. Partnership reserves the right to reject any and all riders or any part thereof not received and included as a part of the

contract at the time of the execution of the contract and signature thereto by Partnership. 6. Technical specifications should fall within the parameters of the technical specifications of the Chapman Cultural Center. 7. Partnership reserves any and all right to determine acceptable sound pressure and audio volume levels throughout the

venue for all amplified performances. Without exception, measurable dB sound pressure levels may not exceed an average of 95 on any occasion. However, final judgment and decision by Partnership’s representative shall be called by ear, which shall override all metered data. When requested, artist's representative or sound engineer agrees to adjust sound levels immediately and in accordance with notice by Partnership’s representative. Failure to do so will be construed as a breech of contract.

8. All line schedules and light plots requiring pre-hang will be provided no less that thirty (30) days prior to the scheduled

performance to assure execution.

Your Contract Addendum

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Contracts & Negotiation • Execution and Logistics

• Monitor event requirements and internal protocols

• You MUST have facility/event policies in place before the event, think of EVERYTHING!

• Developing the event management timeline for individual events and presenting season and assigning personnel and levels of authority in order to execute same

• Develop Month by month checklist for all decisions and actions

• Box Office, Ticketing and Sales tracking and reporting

• What ticketing system do you have and what kind of reports does it generate?

• Will artist want to see box office reports?33

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• Execution and Logistics

• Front of House - House Management, Ushering, Safety, Security, Concessions and Merchandise

• Safety training, volunteer liability, relationship with local public safety officers, 911 call protocol, internal communications (walkies, cellphones)

• Concession policies, allowing food & beverage in theatre? Impact of no intermission on sales..

• Location of merch, who will sell? Settlement issues

• Finances - Deposits, Payments, Labor and Event expectations, Settlements

• Event reports, level of details, budget vs. actual

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Contracts & Negotiation • Execution and Logistics

• Development - Sponsorships, Donors and Special Events

• Donor/sponsor benefits – need to determine in well in advance

• Meet and Greets, Signings, Pre-show or Post-show Artist-Audience Interactions

• Make sure you have PRIOR approvals from artist!

• Education and Engagement - scheduling, target audiences, resources, locations

• Facility - Housekeeping, Maintenance, Parking, Services

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Brought To

You By


Tomorrow’s Topics

• Bring your questions!

• Developing and Engaging Audiences

• Outreach Programs

• Marketing and Promotion

• Get Personal! Face Time Consultations with Perry:

• Today, 1:30-3:10pm

• Tomorrow, 1:30-3:10pm36

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presenting 101: the fundamentals of production and logistics -- contracts and negotiations

Documents

split point deal artist

artist rider

todays faculty production

rider addendum

atlanta ga presenting

event deal straight

legal agreement

advance contracts execution