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Please help me settle a dispute

Posted by yellowberry 
Please help me settle a dispute
September 24, 2013 06:40PM
Okay my question~Is there a clause or a stipulation that an artist cannot appear in the same area within a certain amount of days? If so, is this at the discretion of the venue or booking agent or is it a standard clause in the contract that has some legality?
Re: Please help settle a dispute
September 24, 2013 07:00PM
OOPS



Edited 1 time(s). Last edit at 09/24/2013 07:01PM by yellowberry.
Re: Please help me settle a dispute
September 24, 2013 07:04PM
There is if you put it in the contract - which you should.
Re: Please help me settle a dispute
September 25, 2013 08:45AM
Certain promoters or venues will sometimes add this as a clause in contracts. Generally you have to pay more to have that type of limitation. It is not standard, but not uncommon either.

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Re: Please help me settle a dispute
September 25, 2013 08:56AM
Its called a "Radius Clause," and it means that the artist cannot play within X amount of miles & days depending on the agreement with the agent & promoter. Its a good thing usually so that areas dont get over saturated. Anywhere from 50 to 250 miles and a couple days to a week seems standard.
For example when we book shows in the "Bay Area" most promoters dont want any other "Bay Area" shows.. Makes sense..
Re: Please help me settle a dispute
September 25, 2013 09:02AM
Quote

Is there a clause or a stipulation that an artist cannot appear in the same area within a certain amount of days? If so, is this at the discretion of the venue or booking agent or is it a standard clause in the contract that has some legality?

A performance contract only contains those provisions that the parties to that agreement put in there. "In general," both the booking agent and the artist want to secure as many dates in an area as possible so 'exclusivity/non-competition' clauses tend to come from the venue or promoter's end of the negotiation.

Of course there ARE some artists and booking agents who look at the 'big picture' and realize it might be better to book fewer dates in an area. That way, the tour dates will be more successful and both the artist and booking agent will have a better chance of getting repeat bookings in the future....
Re: Please help me settle a dispute
September 25, 2013 09:10AM
I've seen these stipulations in several tour contracts I've dealt with over the years. Usually 50-100 miles is the distance and 5 days to a week is the time period within which an artist agrees not to book another show. I'm sure bigger bands have a larger 'radius' since the $$ will be greater as well.
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