Drummer Talk 249 – Endorsements 201

Mar 19, 2015

We wrap up our 2-parter on endorsement deals on today’s show by focusing on contracts.

From Jon:

Hi Guys: I just finished listening to podcast 247, your interview w/ Sgt. Jackie Jones. I was her professor at ECU and my students often ask about what a career in military bands is like. From now on I will just give them a link to your podcast w/ Sgt. Jackie. BTW, Jackie was one HARD WORKING student while she was at ECU. Thanks for doing such a great job of sharing valuable information about drumming and careers in music. Best Wishes, Jonathan Wacker Director of Percussion Studies East Carolina University
From Ben:

Its the Mr Roboto Guy Again. Your were freaking me out again when you were discussing the shows you would demand you money back if they didn’t play a certain song. The reason for this note is to explain the “rock pig on pizza” descriptive. Tommy Aldridge had a instructional video on double bass and soloing back in the 80’s and during the video he described his self as a rock pig on pizza and I kinda coined the phrase. He was one of my favorite double bass guys. Simon Phillips was another one of my favorite double bass guys that could play something besides duga duga duga duga with his feet. I really enjoy your show. as a matter of fact, it is the only Podcast that I subscribe to. I drove to Memphis a few years back just to see the drum shop that you always talk about and I don’t even play anymore. Thanks for your podcast, Holla!

Contracts – Get it in writing and if they refuse, just walk away ( The nobel prize is the tombstone on all great works!

So often I hear the contract is the starting point- No the contract is the coffin on the on your deal. when things go bad or wrong the contract is what everyone including the courts will point to as the mediation point.
How you partner during the agreement process sets the tone for your entire relationship
What seems reasonable to the artist is absurd to the business
Gear and how much you can ask for or what kind of discounts you can receive

Contracts and why you need a contract

The problems with hand shake agreements ” They have greatly left their impact on the industry”

There is no clarity. Many artist left company A to go to company B because they did not rise in the roster while their careers have grown or received greater discounts and access to the company coffers – The exodus from DW to other companies has been very interesting
Reevaluation – as an artist that grows how will you set a date to say ok I’ve had a good 3 years time for you guys to kick in more on your end because my metrics have grown and I bring more visibility to the table.
When you develop a product with a company ownership and royalty rates are very nebulous. Many companies will blindly start at a 5% royalty rate for all signature gear.
Clear and concise contracting will allow you to “sell your ideas to the company” Many hurt and hard feelings have come about because of this very topic

What’s In an Endorser Contract – Download Sample Here

Terms and conditions
Artist Services
Length of contract
Gear Allowances and Terms for Borrowing and Buying
Level of endorsement – Whatever you can negotiate
Clinic fees and how are they negotiated and split
Travel and what’s included
Signature gear, royalty rates and ownership – Case by Cases Basis
Promise of promotion Magazine Ads promote your product or band.
Consulting for gear and new products
How to submit ideas and bringing your own ideas to the table
Notice of change of endorsement and what is expected from this You have to give the gear back at your expense and there may be penalties involved

Some Food For Thought

Legal issues and how you can run into trouble. Disclose anything you think could be a potential hazard to the company. It’s ok to have strong opinions on controversial topics but disclosure is important and in some cases can be a bonus.
Length of contract and renegotiation of how you stack up in the roster – Are you the Metal guy? Jazz Guy? Educator? is the brand a niche brand and do you belong? Trick pedals and metal guys – what is your category and what hole do you fill in the companies well rounded roster.

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