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.