We work with event planners of all types, and a common area of confusion is knowing what the various parts of the negotiation process mean. Common questions include: Can I ask for pricing information and to see a rider without committing to anything? Can I back out of a confirmed offer? Nothing is official until I have a signed contract, right? Here are some basic definitions and some important information to note when you’re trying to book talent for your event.
INQUIRY
An inquiry is merely asking for pricing info, date availability, or asking for more information such as asking to see a production rider. This is typically done via email or phone call, and mostly informal. You can give information about your event so that the agent or artist knows better how to price themselves, and whether they would logistically be able to travel to you on your date. It’s okay to state in your email that this is merely an inquiry and if you decide to book that artist, a formal offer will be presented. Setting expectations early can prevent you from getting backed into a corner.
OFFER
An offer is a formal invitation to perform, with all of the details clearly outlined, and should state the word “offer” on it. This usually is an attached PDF or word document on letterhead, with all the event information and artist expectations clearly laid out. An offer should have a clear dollar amount you are offering to pay the performer. It should also include an expiration (deadline) for which the artist has to respond, in order to note that this offer is not on the table in perpetuity. The more details you can include on an offer, the better. If you work with a middle agent, they will have an offer worksheet so that you do not miss any important information. Including everything on your offer is vital to ensuring that all your expectations of the performer are laid out eventually in a contract.
There may be some back-and-forth negotiation during the offer phase, but once you have a confirmed offer, you will head to the contract phase. In the entertainment industry, a confirmed offer is considered binding until a formal contract can be fully-executed. This protects both parties because it prevents the artist from booking another event at the same date/time as yours, and prevents the buyer from moving on to another artist. Many lawyers and legal departments will tell you that nothing is binding without a fully-executed, signed contract.
KEEP IN MIND: Reputation matters deeply in the entertainment industry. Even if your contract isn’t executed, walking away from a confirmed offer will make it very difficult for the industry to take your offers and confirmations seriously in the future. That is why it is vitally important to wait until you are 100% moving forward with your event BEFORE making an offer.
CONTRACT
A contract is a legally-binding document that outlines all the details and terms for your performer and your venue/buyer. Once signed by both parties, a contract is enforceable by law and legally binding. It is important to make sure your contract outlines all the expectations of both parties, so that later on you can point to the contract to settle any disputes that may arise.
These terms and their definitions can feel daunting, and that is why artists have agents that represent them and can field and review inquiries, offers, and contracts. Event planners / buyers deserve an “agent” representing them as well, and that is where a middle agent comes in. A middle agent is a buyer’s agent that helps navigate inquiries, offers and contracts. If you’re looking for a middle agent, we can help; connect with us here.
Jolene Chevalier
Founder & Talent Buyer | How To Concerts
Jolene has been a middle buyer for over 15 years, helping colleges and others with their concerts, comedians, and speakers. (And, yes, she is named after the Dolly Parton song.) She would love to talk with you about helping to book, plan, and prepare for your event.
Jolene Chevalier
Founder & Talent Buyer | How To Concerts
Jolene has been a middle buyer for over 15 years, helping colleges and others with their concerts, comedians, and speakers. (And, yes, she is named after the Dolly Parton song.) She would love to talk with you about helping to book, plan, and prepare for your event.
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