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Original Bands Overview

For a Seattle-area event, I would break the decision into six areas: the band, the performance, money, production, legal/insurance issues, and the contract.

1. Questions to ask the band

About the band

  • How long has the current lineup been together?
  • How many people will actually perform at our event?
  • Who is our primary point of contact?
  • Do you operate as a business/entity, or are we contracting with an individual?
  • Have you performed private/corporate events before?
  • Can you provide references from comparable events?
  • Can we see a complete live performance—not just a promotional video?
  • Do you have recent live recordings or video from a full show?

About their original material

  • Is all of the music your own original material?
  • Who owns the copyrights to the songs?
  • Are all band members in agreement regarding the band’s ownership and performance rights?
  • Are any songs co-written with outside musicians?
  • Are any songs licensed from someone else?
  • Do you have a setlist we can review beforehand?
  • How much of the performance will be original material versus covers, if any?

That last question is particularly important. If you’re specifically looking for an original-music band, I would put the expected percentage of original material directly into the agreement.

2. Make sure the band’s music fits your event

I’d ask them:

  • What is the approximate length of your normal set?
  • How many sets can you perform?
  • How long are your breaks?
  • Can you tailor the setlist to the event?
  • Are there songs or subject matter you won’t perform?
  • Is there profanity or potentially controversial material?
  • Will there be any political, religious, sexually explicit, or otherwise potentially sensitive material?
  • Are you comfortable performing for the particular demographic and atmosphere of our event?
  • Will you make announcements from the stage?
  • Can we approve the setlist in advance?

For a high-profile event, I would actually request a final setlist and have the contract say that any material substantially different from the approved format requires your approval.

3. Get very specific about the money

Don’t simply agree to “$5,000 for the band.”

Find out exactly what that includes:

  • Performance fee
  • Travel
  • Parking
  • Lodging, if necessary
  • Meals/per diem
  • Sound system
  • Sound engineer
  • Lighting
  • Stage
  • Backline
  • Instruments
  • Equipment transportation
  • Setup and teardown
  • Rehearsal/soundcheck
  • Overtime
  • Additional musicians
  • Taxes or other charges
  • Agency/booking fees

Ask:

“What is the total amount we will pay from start to finish, including every expense?”

That’s a much better question than simply asking for their performance fee.

4. Production is a BIG issue

This is where seemingly inexpensive bands can become expensive.

Ask:

“What exactly do you bring, and what exactly do you expect us to provide?”

For example, a five-piece band may require:

  • Full PA
  • Mixing console
  • Front-of-house engineer
  • Monitor system
  • Microphones
  • Microphone stands
  • DI boxes
  • Stage lighting
  • Drum kit
  • Guitar/bass amplification
  • Keyboard
  • Stage power
  • Cables
  • Stage risers

Get a technical rider from the band before signing.

A technical rider should tell you what they need to perform properly.

Also ask about:

Soundcheck

  • What time do you need access?
  • How long does setup take?
  • How long does soundcheck take?
  • Can the soundcheck occur while guests are present?
  • When must the stage be completely ready?

For an important event, I would not leave these details to verbal conversations.

5. Insurance and liability

This becomes especially important if you’re producing the event yourself.

Ask the band:

  • Do you carry general liability insurance?
  • Can you provide a Certificate of Insurance?
  • What coverage limits do you carry?
  • Can our organization/event venue be named as an additional insured if required?
  • Are your musicians independent contractors or employees?
  • Who is responsible if a band member or their equipment causes damage?
  • Who is responsible for their equipment while it is at the venue?

Seattle’s requirements can vary depending on the event. For example, the City says special events generally require proof of $1 million in general liability coverage per occurrence, with an additional-insured endorsement.

If you’re holding the event at a private venue, the venue may have its own insurance requirements as well.

6. Cancellation is one of the most important contract provisions

This is something I would pay particular attention to.

Your contract should clearly address:

If you cancel:

  • How much of the deposit is refundable?
  • How far in advance can you cancel?
  • What happens if the event is postponed?

If the band cancels:

  • Do you receive 100% of your money back?
  • Does the band have to find a comparable replacement?
  • What happens if a key member becomes unavailable?
  • What constitutes an acceptable substitute?

I’d specifically ask:

“If your lead singer/guitarist/drummer becomes unavailable, is the band still obligated to perform?”

That’s particularly relevant with original bands because the identity of the individual musicians can be a major part of what you’re hiring.

7. Force majeure

The contract should address circumstances neither party controls:

  • Severe weather
  • Natural disasters
  • Government restrictions
  • Venue closure
  • Transportation problems
  • Illness
  • Power failure
  • Fire
  • Emergency situations

But don’t let “force majeure” become a vague escape clause.

You want to know exactly what happens to your money if the event can’t happen.

8. The original-music/copyright question

This is one of the biggest differences between hiring an original band and a cover band.

Ask the band:

“Are you representing that you have the legal right to perform every song you’re presenting at our event?”

You don’t necessarily need to become responsible for investigating every song’s copyright ownership yourself.

Your agreement can require the band to represent that:

  • It owns or has permission to perform its material.
  • It isn’t knowingly infringing someone else’s copyrights.
  • It has authority to enter the agreement.
  • It will be responsible for claims arising from its unauthorized use of third-party material.

If the event is public, ticketed, sponsored, or being broadcast/streamed, I’d also determine who is responsible for performance-rights licensing.

That’s something I’d have your event attorney or the venue clarify rather than assuming the band or venue automatically handles it.

9. Recording and photography

This is another area people overlook.

Decide beforehand:

Can you record the performance?

If yes:

  • Audio?
  • Video?
  • Photography?
  • Livestream?
  • Social media clips?
  • Promotional use afterward?
  • Commercial use?
  • Can the band use footage of your event to promote themselves?

If you’re hiring an original band, their music is copyrighted material, so I’d put recording and promotional rights in writing.

For example, you might want:

“Client may photograph and record portions of the performance for archival, promotional and social-media purposes.”

Or perhaps you don’t want recording at all.

Either way, don’t leave it ambiguous.

10. Merchandising

Ask whether the band intends to sell:

  • CDs
  • Vinyl
  • T-shirts
  • Posters
  • Downloads
  • Other merchandise

If so:

  • Do they need a table?
  • Do they need electricity?
  • Who staffs the table?
  • Who keeps the revenue?
  • Do they pay the venue/event a percentage?
  • Are they allowed to sell merchandise without approval?

11. Stage behavior and event professionalism

For a major event, I would establish expectations around:

  • Arrival time
  • Dress code
  • Alcohol consumption
  • Drug use
  • Interaction with guests
  • Stage language
  • Political statements
  • Religious statements
  • Audience interaction
  • Social-media activity
  • Posting about the event beforehand
  • Bringing guests
  • Bringing children/friends backstage
  • Security requirements

You’re not trying to control the band’s artistic identity. You’re establishing professional expectations for the event you’re paying them to perform at.

12. Have a single point of contact

This is surprisingly important.

Don’t have five band members texting you about logistics.

Your contract should identify:

Band representative:
Name
Phone
Email

Event representative:
Name
Phone
Email

And establish that those two people are responsible for final logistical decisions.

13. Seattle-specific considerations

If you’re producing the event yourself rather than simply renting a venue, check the City’s special-event requirements early. Seattle notes that additional permits can be required depending on things such as alcohol, parks, outdoor amplified sound, vendors, and temporary structures.

Seattle also has specific rules concerning music venues and live music, so the requirements can depend substantially on whether you’re using an established venue or producing an event at another location.

If you want professional help finding local talent, there are also Seattle-area booking/production companies such as Gigs4U and Live Vinyl Productions that work with local/Pacific Northwest musicians and event programming.


The contract should cover these 15 things

I’d want the agreement to explicitly identify:

  1. Band name and legal contracting party
  2. Event date
  3. Venue/location
  4. Performance time
  5. Arrival/load-in time
  6. Soundcheck time
  7. Number of musicians
  8. Performance/set length
  9. Compensation
  10. Deposit and payment schedule
  11. Production/equipment responsibilities
  12. Insurance/liability
  13. Cancellation/postponement
  14. Recording/photo/social-media rights
  15. What happens if the band cannot perform

One thing I would NOT do

I wouldn’t hire the band based primarily on a polished video.

For an original band, see them perform live if at all possible.

Pay attention not only to whether they’re good musicians, but:

  • Do they start on time?
  • Does the sound engineer know what they’re doing?
  • Do they interact professionally with the audience?
  • Do they look organized?
  • Does the singer communicate well?
  • Do they maintain the energy between songs?
  • Does the band sound as good live as it does on its recordings?
  • Do they appear to understand the difference between playing a club and playing a professional event?

That’s often more valuable than another 30 minutes of interviews.

A particularly useful question

I’d end the interview with this:

“Tell me about the last three private or corporate events you performed at. What did the client provide, what did you provide, and what would you do differently if you were doing the event again?”

Their answer can tell you a lot about how professionally they operate.