Contracts can be complicated, but something singers seeking a professional career will inevitably have to deal with. Binding yourself to a company can be tricky, and knowing what you’re getting into before starting a job is important for both your benefit and the company’s.
Three professionals who deal with musicians’ contracts on a regular basis—Robert Mirshak, president and founder of Mirshak Artist Management, an artist management agency with offices in New York City and Los Angeles; Ana De Archuleta, president of New York City-based ADA Artist Management; and Miguel Rodriguez, executive director of Boston Baroque—share their tips for unmanaged singers signing their first contracts.
First Steps
Read the contract in its entirety, and then read it again. If it is not easily digestible, make a checklist of what is and is not addressed and what needs further explanation.
“Normally, with all contracts you expect the turnaround to be quick,” Rodriguez says, so take time to understand the terms but respect the deadlines given to you.
Learning the role may not be all that is required of you in advance. You may be asked to submit high-resolution digital headshots, a bio of specified length, and even costume measurements. Always have these readily available and never tell the company to just get your materials from your website, Rodriguez says.
If performing in an oratorio or a concert opera, ask about attire. “What is the concert dress? Make sure that the contract specifies before you sign it. Just ask them, ‘Is it tails? Is it all black?’ What are the expectations?” suggests Rodriguez.
Check your availability, keeping in mind everything from your other singing commitments to family gatherings and friends’ weddings and baby showers. Special dates may be negotiable with the company, so keep this in mind for when negotiations begin.
“Make sure that the dates of when you’re expected for rehearsal are accurate and that they don’t conflict with anything else you have,” Rodriguez advises. “A lot of times young singers think only of the performing date and not the rehearsal period, so make sure that the contract has in it rehearsal dates that don’t conflict with anything else you have.”
Consulting Trusted Professionals and Gathering Information
Your first singing contract could be your first-ever professional agreement, so it is OK if you are lost after reading through the pages. Not understanding the terms, however, is not an excuse to blindly sign on the dotted line. It is your responsibility to consult with professionals you trust to make sure the document is clear and thorough.
“It is always good to consult your team,” De Archuleta says, particularly if you do not understand a certain clause or if you do not know if the terms seem fair. “Don’t be afraid to admit you don’t know and use resources to find information.” She suggests making the most of OPERA America, AGMA, colleagues, and teachers.
Managed singers already have their management team on their side, but “in the case that you are unmanaged, you usually need some type of advice,” Mirshak notes.
“Try to know as much about the company that offers you a contract as you can without asking the general director, artistic director, or artistic administrator,” he continues. “Be proactive and take control of the situation by knowing as much as you can.”
Doing so will prepare you for the next step in the process: negotiations.
Negotiating Fees, Other Terms
By this point, you should know whether you want to pursue the contract further. If the role is not right for you or you are unavailable for the contracted dates, “it is OK to say no,” says De Archuleta. “If they want you, they will want you again.”
Managed singers need not worry about negotiating. Rodriguez says to let managers and agents handle the negotiation process. “I like my relationships with agents in a good place. I would never negotiate with singers who are under management,” he says.
For nonmanaged singers, negotiating can be a difficult and unpleasant process, but do not let that keep you from trying. To begin the conversation, have a clear idea of what you want to ask for. Higher pay? Why, and how much? Travel reimbursement? Housing for a family member? A more private living situation?
De Archuleta says to not be greedy, “but if it the terms make it impossible to do the job, be honest as to why.”
It is not always easy to understand how a company comes up with a figure. “[A fee] may be determined by the length of the work, how hard it is, is it a standard piece or not, the instrumentation, the number of soloists that may be involved in the work,” explains Rodriguez. There are so many factors that affect what you are offered, and those factors may dictate whether there is much wiggle room for negotiation.
For some concerts or productions, a company may decide to pay on an even scale. For instance, all leads may get $1,000 and all comprimari may get $500. In that case, negotiations are very unlikely. But again, you may not know until you ask.
An acceptable way to approach the conversation, Rodriguez advises, would be to say: “I totally understand (what you are offering), but that’s a new piece for me and it’s a hard piece and I’m going to have to invest in coachings.” That is a “very fair negotiation argument,” he concedes.
Warning Signs
The last thing you want or need to do for your career is to accept a contract simply out of excitement. An offer is exciting, but signing your name means a commitment of a few days, weeks, or even several months—and you need to be on the lookout for terms or wording that could make that time difficult.
Mirshak says to pay attention to noncommittal wording such as “we don’t know when we will pay you” or “the housing will be fine.” Terms should be clear and agreeable to you, not just to the company. Do not immediately balk at such wording, though. Give the company a chance to be more up front about things that concern you.
“I find that more and more smaller companies include a clause that says that the company can cancel a contract at any time,” Mirshak continues. “This is not a contract. If the company wants you to sign a binding contract and not cancel, the company should do the same. Both sides should have consequences for breaking the deal.”
Breaking a Contract
Backing out on a legally binding agreement is taboo, but it happens, Rodriguez says. “It’s never a happy moment for the contracting company,” but situations such as pregnancy, sickness, or family emergencies call for such an extreme action. “Make sure you’re very sincere and open and honest,” advises Rodriguez.
You may choose to break your contract if you get a better gig—but beware of the consequences, particularly if you lie about why you are breaking your contract. “People talk,” Rodriguez says, and you risk marring your relationship with not only that company but others that get word of what you have done.
If you are up front about the new gig, Mirshak says, “you can ‘ask’ to be released for major opportunities such as at the Metropolitan Opera, La Scala, or for a recording contract,” and sometimes companies will be understanding. “You might offer to do something for that company for free in the future or to come back and do a donor event,” he suggests. If the company does not release you, however, you must deal with the consequences—though, De Archuleta recommends that you “stick to your original agreement.”
If there is a cover for your role, you may try to work out a deal with the company. Rodriguez recommends wording something like this: “I have this opportunity and it conflicts with the last performance. Would it be all right if the cover does it? And then at that point, the fee may be readjusted and that’s fine.”
But in general, De Archuleta and Mirshak advise against breaking a contract. You may not realize just how badly the action could affect your future opportunities and reputation.
Announcing Offers and Casting
The second you receive an offer you should post a status update with all the details on Facebook, right? Absolutely not.
Judging by the number of your Facebook friends who do this, you may think it is acceptable in the professional world. It can be both alarming and embarrassing to a company, however, if you do not respect its timeline for making season and casting announcements.
If not addressed in the terms of your contract, Rodriguez says to ask the marketing or public relations coordinator when you are allowed to announce your upcoming engagement. You may be able to list it on your résumé for audition purposes until the company announces its season.
