Over the last week, I’ve been writing about agents. Their work. Their faults. How to best use them.  People use agents because they feel agents will get them gigs.  But people don’t often stop to consider the value of themselves.How are your marketing materials?  How are your skills?  Do you have something worth selling?  Does what you have match what potential employers need?Are you the answer to someone’s problem?Know your value!I see people on the Internet, talking about the importance of “branding.” Branding, more often than not, means keeping your name out there and sporting the logo. Yes, that’s part of the equation. However,A powerful brand makes people stop in their tracks and rethink life.  Sometimes we feel we need a salesperson to find gigs for us and get our names out there. We receive gigs, but we’re still not happy. We’re not bringing our value to bear in a way that stops people in their tracks and makes them rethink life. Do you really need a salesperson? Most likely, what we need is to enhance our marketing efforts. We need to redesign our brand and give our salespeople something to sell.  If you have a powerful brand and you need help selling, then an agent can do beautiful things for you and your career. Use the tips you’ve learned to spot the best representation contracts.If you are not sure about your brand and you are not receiving the gigs you want, stop.  Don’t get a salesperson.  Ask a brutally, honest friend to look at your materials and provide you with feedback.Find a teacher who will tell you like it is. No fluff.I can provide help if you need it.Find something that will reflect your unadulterated self to you.Develop your materials.Then, and only then, decide if you need an exclusive and dedicated salesforce connecting you with jobs.  Agents are not bad. They serve a purpose for those that need it.  I hope you’ve found this series helpful.  I hope you can use this knowledge to inform your situation and decisions.  I hope you can do more of the things that make you come alive and be the change you want to see in the world. Agents - you’ve been pains in my ass and the best partners at the same time.  Musicians - we are all difficult, stubborn, mistrustful, artistic, introverted, extroverted, and passionate as hell - ALL at the same time. I love that about us.  I love you all.

Why?What makes you want to start an agency?What’s our problem that another agency is the solution?Why should someone trust you with their job search?Why should anyone give you their hard-earned money?Lots of people want to start agencies. It’s a seemingly effortless way to make money. Especially when people are paying commissions year after year at the same rate as they were when they got hired.  But, there’s so much more.To be an agent is to be a recruiter.To be a recruiter is to tirelessly seek out and screen the best talent and bring them to a job opportunity.To tirelessly seek out talent is to cold call, headhunt, and attract people who aren’t looking for jobs and show them a better way.To show a better way is to tell a story and solve a problem.But still, there’s so much more.To be first.To secure your candidate into a representation agreement that serves their needs and yours.To manage the onboarding process of your candidate with their new employer.When your candidate fails their drug screen, to have another candidate ready to go.To continually be prospecting for new business.To sell!Here’s how I think the industry could change for the better. If you’re willing to go that far, I encourage you to do it: Invest in the creation of a talent development community.Create commission structures that favor longevity. Stay with us longer and pay less.Metrics. Track how long it takes to fill a spot, the quality of your talent as measured by their reviews, percentage of talent that receive raises, percentage of talent that gets promoted, percent of talent that refers friends. Everything is trackable and track everything.Consider a subscription service. Instead of commissions, encourage musicians to subscribe to a community and receive jobs as a subscription level.Develop terms that enable musicians to rebook themselves without you. Celebrate a musician’s ability to start booking themselves on their own - without you.Track your efforts. Don’t charge when all you did was pick up the phone and send an email.Develop a marketing plan focused on changing the lives of the people that seek your service, and the minds of those that hire musicians.The market doesn’t trust new things that are different. Be different and be consistent.I believe these changes are needed because the people you serve have needs not met. People want to belong to something.People want to see themselves as doing things that matter.People want to see themselves as growing.People need to fail.People need to step outside and try something new.People need you to give them a push.Start Your Agency!But please, Do it different.  We need different.

Make an offer to resolve disputes. Resolve.If you can’t resolve, Quit.When you end an agreement, your non-compete may go into effect. You’ll need to know the terms of your contract to be sure. When your non-compete goes into effect, you may have to find employment elsewhere. To be sure, consult a licensed legal professional.  You need to know that the laws that govern representation agreements vary by state in the United States. Outside of the United States, each country has its requirements. Also, an agent’s representation agreement may only be valid in the state that the agent lives in, but that state may not have jurisdiction over the contract itself. There are tons of complex legal matters that require a consultation with a licensed legal professional.  I advise consulting a legal professional for other reasons as well:Your lawyer may be able to advise on the agent’s ability to bar you from seeking employment from your current employer.Your lawyer may be able to bring litigation against the agent if they are in breach of their contract.Your lawyer may be able to negotiate better terms or advise you on legal positions relating to your contract.I grew up with lawyers. There are tons in my family. I can tell you, with high confidence, that consulting a lawyer is a smart and wise move.  When an agreement doesn’t work, quit.If you need help, ask.

Tortious interference is interference that leads to harm caused by a party outside of an established business relationship. In other words: someone got in the middle. An ExampleI have an agreement to represent you.My agreement has terms that allow me to be your exclusive sales force.You will pay me 10% of your earnings for my service.I book you on a cruise line.You don’t like my representation, and you ask the cruise line to book you directly.The cruise line books you direct.The cruise line got in the middle.Musician after musician would contact me and ask me to get involved with their agent disputes. I couldn’t. I felt terrible because I want to be helpful. But,I didn’t enter an agreement with the agent. The musician did. Musicians, this is on you. You have a responsibility to know the terms of your contracts. When looking to enter a relationship with a service provider, ask for their terms upfront. Examine their contract with a licensed legal professional. Negotiate the terms you need to feel comfortable and successful, but also so that your agent has the freedom to do what they do best - sell. Don’t ask another party to get involved. It’s not their responsibility to solve your disputes. The responsibility is yours. Don’t ask others to get in the middle.Others: Don’t get in the middle.

Agents need to be first.  It’s in their DNA.If they do not introduce your talents first, they don’t get credit for finding you. When they introduce your talents to an employer first, there’s an implied non-compete agreement created.  This agreement prevents the employer from directly securing your services.Are you thinking about securing an agent?  Realize that when you reach out to agents, if you’re talented, they will all start sending off your name to every employer in their book. They do this to be first. They need to be first. More often than not, they do this work before you’ve signed a representation contract with them. After all, who wants to sign an exclusive representation agreement with someone when they haven’t found them a job yet?  No one.  No one wants to sign an exclusive agreement with an agent before they’ve found us a job.  No one wants to close out opportunities.  Everyone has a fear of missing out.  But, because we don’t sign these agreements;Because we have these fears; andBecause we don’t trust people, who promise us things,We now find ourselves with fewer options.We have fewer options because an agent might have sent your name out to several employers and - they were first.  They were there before you, and now you’ve lost that opportunity.  Agents need to be first.  Here’s what you can do:Do you need an agent?Tell any new agent where you’ve applied and have introduced yourself.If you have an idea of where you’d like to work, let the agent know only to focus your efforts on that employer.Use your agent the way they are designed, to sell.An Example of Someone Did Something DifferentWhile I love and respect Mike Suman, he hasn’t paid me for this mention and I don’t gain anything from plugging him. I’ve gone to him for work a few times. He’s always been upfront, asked me to sign a representation agreement (in advance), and only submitted me to the lines we had agreed on. If other agents do this, they’re doing good work. My only experience is with Mike.   Here’s how Mike racked up against the check list:I needed an agent I trust to be first.I leveraged Mike the right way, and he was able to secure offers.I worked with Mike in a way that made him useful, and I received options. Mike asked me to first sign a representation agreement - I did not ask. (most agents don’t ask you to sign until they’ve found you work - wrong order!) Mike clearly stated the cruise line was the customer - they paid. For me, Mike was first.Agents: If you are providing these types of services - share! Let the others know that you’re doing something to change the industry. At the time, I wanted a dedicated and exclusive sales force. Mike did that for me. At this time, I don’t. If you need an agent, they’re good to have, but if you don’t need one, an agent is probably not for you.

No one wants to pay agents.  It’s a sad state for agents. Some cruise lines don’t want to spend the money and Musicians don’t like to pay from their earnings.  But for people that need salespeople to help them find jobs, Agents are the perfect service provider, and they get paid. But,Who’s paying?To answer this question, we must first identify the customer.  But,Who’s the customer?Example 1There are two parties to a representation contract.The musician enlisting the services of an agent is the Purchaser.The agent providing services to sell and secure jobs on behalf of the musician is the service provider.The cruise line is the end-user. The end-user is not a party to the representation contract.Given the above, it’s reasonable to say that the musician, as Purchaser, is responsible for paying the service provider. The musician is the service provider’s customer. When the service provider does not do the job they promise to do; the Purchaser stops using the service and requests a refund.  However, what I just wrote is not always the case.Example 2The cruise line enlisting the services of an agent to find, secure and staff talent exclusively for its fleet is the Purchaser.The agent serving on behalf of the Purchaser goes out and seeks talent for the Purchaser to hire.The musician serves as an employee of the Purchaser and has no relation to the agent.This situation exists with a few cruise lines. There are a few agencies privileged to hold exclusive staffing relationships with these cruise lines, and they do good work. They also get paid by the cruise line. The musician does not need to pay in this instance. As well, the agent is not working on behalf of the musician either.  However, what I just said is not always the case.Example 3The musician enlisting the services of an agent is the Purchaser.The agent providing services to sell and secure jobs on behalf of the musician is the service provider.The cruise line is the end-user, not party to the representation contract and pays the commission on behalf of the musician.The musician is still the client of the agent and is receiving a benefit from the end-user. However, The musician is probably working alongside other musicians who might be paying their agents. The work environment is a blend of example 1 and example 2. Many musicians and employers are uncomfortable with the situation. The agent, however, is happy.The agent will receive their money from the cruise line and will not have to collect fees from the musician. But, the cruise line and the agency do not have an agreement not-compete nor do they have an agreement to pay. At any time, the cruise line can choose to stop paying the commission, and the musician (who is, in fact, the Purchaser) would need to pay for the service.  Would you want to be in that situation?A Possible SolutionAgents - who are you for?Are you representing the musician?   Are they the Purchaser?  If so, Focus on their experience.  Ask them to pay for the services you render, Demonstrate, and create value for them.  Be an excellent service provider.  Musicians - the world is not fair.  It may not be fair to be in a work environment that blends Examples 1 and Examples 2. It’s not helpful, and you might feel de-valued.   If you have an agent, accept that this might be the reality.  If you don’t have an agent and thinking about using one, ask yourself:Do I need a dedicated and exclusive salesforce such as an agent?Do I understand the terms of the agreement?Am I okay with paying commissions when I don’t know the work being done to earn it?Is it clear how to leave this agreement if it doesn’t work for me and my goals?What do I need to come alive?Am I doing it?The customer’s identity isn’t always apparent.  The ambiguity of not knowing can cause lots of problems for everyone.The only real change agent is the service provider.  Any agent with the guts to change can change the world.Who’s got the guts?

MusiciansGood agents will tirelessly work to find you gigs.  Good agents deserve commission for their efforts.  10-15% of your gross earnings is a fair wage for an agent.If an agent secures your work,  Pay for service.AgentsCharging for rendering service is fair.  It’s ethical to charge for your work when your efforts create a product.Your product is creating financial results for your client.Documenting your efforts and showing your work is responsible.You can add value by only charging for the work you do.  What’s the problem?The problem is that it’s difficult for many agencies to document their efforts (time, expense, communications) to secure work on your behalf.The problem is that some cruise lines use automated systems to schedule their employees, making the agent’s role non-existent.The problem is that no one likes to pay commissions.  None of what I just said are the actual problems.   There are, based on my experience, several actual problems:Agents do not track their activities and cannot report their efforts.After the initial introduction, an agent may not be spending the same amount of time, money, and effort to rebook their client. The commission rate may not reflect effort expended.Musicians do not understand the contract terms.Agents do.Possible solutions.Agents: document your efforts! You are asking people to pay a portion of their income to you. You have an ethical responsibility to show your work and justify your paycheck.Agents: If your work does not justify your percentage, adjust the scale after the first 365 days of employment. Year 1 commissions are 10%; year two onwards are 2%. Think of how that places your client’s experience ahead of profits.Musicians: learn and know the terms of your representation contracts.In the EndAgents are salespeople. If they put in the work, they deserve to eat.  Agents have an ethical responsibility to show their work.  If they show their work, commissions are fair.Agents are salespeople.If you don’t need salespeople, agents aren’t for you.

This post is for musicians. Especially those in the cruise industry. It’s a small post that’s part of a more extensive series on agents and understanding a representation contract. This post is about terms relating to length and termination.Scenario: The Terms of My Contract with You:You hire me to represent you and secure work on your behalf. In exchange for my efforts, I ask you to pay me 10% of your gross earnings from any source. Our representation agreement begins with the date you signed your name and ends when we either one of us decides that the relationship isn’t working out.  During our relationship, I will have spent time and monies introducing your talents to potential employers. I may also have booked you with employers. If you end the agreement with me, you can contact those employers to secure your service after 365 days from when you terminate this agreement. If you do book an engagement within the 365-day window, you will pay me a fee equal to 15% of your total earnings as damages.Below is how the terms look bulleted out:I will work to secure work on your behalf.You will pay me 10% of your gross earnings from any source.The agreement starts when you sign the contract.Our agreement concludes when you or I decide to end the deal.I will also expend time and money to introduce your talents.I might secure employment for you.365 day non-compete from the time you end the agreement.15% of your earnings are due to me as commission if you rebook during the 365-day blackout.The above terms are fair. They are also in-line with what you would find from most agencies. However,Some cruise line agencies use different conditions that cause trouble:Often there’s not a right for either party to terminate the representation contract.If there is a termination clause, the non-compete term lasts 2-years.Most agreements do not allow the musician to cleanly terminate the representation if the agent is not performing their duties.There could be more. From my experience, these are the top issues cruise musicians have with representation agreements. Below, I listed suggestions that both musicians and agents can use to improve their experience. I especially hope that agents take special note.    Musicians: Look Out for the Following AttributesBe able to identify the actions the agent will take to secure work on your behalf.Check for a right to terminate clause.It’s best to have termination provisions with a transparent process.Agents: You Can Improve Your IndustrySpell out an explicit termination provision that’s fair.Create an open and fair process for the representation agreement to be terminated.Consider revising your terms to make your client’s experience first and your protection second.All: Carefully review your contracts. Make sure there’s a clear way to let the other party know you’re not happy, that what they’re doing doesn’t work, and that you can end.  Know the terms. Mini-Series Disclaimer:I’m not a licensed legal professional. I’m not offering legal advice. I am providing insights from previous experiences in the entertainment industry and from working as an agent. If you have legal questions, concerns, or need legal advice, always contact a licensed legal professional.

You Own You.This simple post is for musicians. Especially those in the cruise industry. It’s a small post that’s part of a more extensive series on agents and understanding a representation contract. Today’s post is about non-compete clauses.  Understanding Covenants to Not-Compete, or non-compete clauses, are involved. There are many variables. In the United States, each state has its own laws that constitute the enforceability of these clauses. Because there are so many variables, I am going to provide information most relevant to the experiences I’ve encountered.  To start…A familiar scenario…Person A has a steady gig at a restaurant providing a jazz trio.Person A engages the services of two other musicians to perform as members of the Trio.Drummer B approaches the restaurant owner and offers a cheaper option than Person A.While not written out, when you are on someone else’s gig, there’s an implied agreement not to steal from the leader. Agents use a similar clause in their contracts, they’re called “non-compete” or “restrictive covenants.“Typical Attributes of a Non-Compete Clause:Restrict an individual from engaging in competition with their previous employer/agent.Limited in scope: the clause may be in effect for a pre-determined time after employment ends and/or cover a limited geographic region.These types of clauses are common in employment and artist representation contracts. Like the scenario of the jazz trio, they’re designed to protect an employer’s interest while not restricting an individual’s ability to secure work.  Cruise line agencies use similar non-compete language in their representation agreements with artists. What makes them different?Restrict an individual from engaging in competition with their previous employer/agent? Yes.Agrees upon a pre-determined time after employment ends? Yes.Limited geographic region? No, as it’s not relevant. Some contracts limit an individual’s ability to seek employment with sister brands. This may not be legal - always consult an attorney.Take-AwaysNon-Competes are a legitimate and fair way of doing business.Agents use these clauses in a way consistent with others.Musicians use these types of agreements without realizing that we do - it’s built into our culture.Why do musicians and agents get into trouble? The problems most often stem from other parts of the contracting process, and most agencies do not have a clear picture of their client. We will continue to discuss this and other topics over the next several days. Follow along to learn more.  Agents Don’t Own You.You Own you.Mini-Series Disclaimer:I’m not a licensed legal professional. I’m not offering legal advice. I am providing insights from previous experiences in the entertainment industry and from working as an agent. If you have legal questions, concerns, or need legal advice, always contact a licensed legal professional.

This post is for musicians. Especially musicians in the cruise line industry.  If you are like most people I know, you are probably surprised by the title. Agents are not bad. They serve a purpose. To those that need someone to broker employment contracts, agents are essential. If agents are not corrupt, then, how do they receive such a bad rap?It starts with you.In my time as a contractor and a leader, I have received thousands upon thousands of requests to help sever agent agreements. Nine times out of ten, musicians would say the agent is doing nothing for them. In many instances, that’s probably true. I have been in that musician’s position before; I don’t like it. However, it is the situation we deserve because we signed the contract.  I am not going to write about awful musicians, how to get out of unfair representation contracts, or how to get your employer to get in the middle. No.  I am going to write about how to understand a representation contract. I will write about the transactions that customarily occur behind the scenes. I will write about these subjects with the hopes that you can apply this knowledge to your current situation.  There will be several posts over several days:Covenant restrictions.Commissions - Who Pays What When.Tortious Interference - Don’t Get In the Middle.Do Not Pay to Play.Starting Your Own Agency.My goal is not to interject too much opinion, but rather, arm you with information. I do have my views about many talent agencies. For the most part, they are good people trying to do honest work. There are some that I don’t agree with their manner of doing business, and I have shared my concerns with them — no need to spread bad vibes here.I hope you’ll join me and follow along in the explorations of agents. They are not bad. They serve a purpose to those that need someone to broker contracts of employment. Like most things, use them the way they were intended. If they don’t serve your purpose, they’re not for you.