I. Manager-Artists Relations

By virtue of their positions of leadership, managers have responsibilities to all performing artists.

1. Managers and agents are often besieged by artists seeking representation. If their work merits attention, one must ascertain their freedom to enter into a management agreement and be prepared to honor, and to encourage them to honor any existing obligations to previous management. Managers should not entice artists from other managements’ rosters, especially with unreasonable optimistic predictions about engagement and fees which might be procured for them.

2. The terms of a management agreement should be stated clearly, comprehensively and in writing. It is not reasonable to assume, just because mutual obligations and responsibilities are detailed in a contract, that these details, and their consequences are understood and remembered by the artist. He or she should be informed, in particular, and before the contract is signed, of the probable eventual costs of promotional and publicity materials, travel, long-distance phone calls, etc., the mechanisms to be used for reimbursement of these expenses as well as the provisions made for contract renewal or termination.

3. Artists fees should be remitted to the artist within a clearly specified time period, and expenses should be itemized and invoiced periodically. If any misunderstanding occurs concerning expense reimbursements, remedy the situation by improving communication with the artists involved.

4. Momentum can be crucial in the development of an artist’s career. If a manager feels he or she has reached the end of his of her effectiveness for a particular artist, he or she should be frank about this and offer the artist the option of going elsewhere.

5. Artists have corresponding responsibilities toward managers. In particular, they must be clear about their own needs, priorities and expectations, and, having assumed any contractual obligations toward a manager or presenter, they must fulfill them. Failure to do so impairs not only the reputation and effectiveness of the manager but, by extension, the opportunities available to fellow artists on the roster. In addition, failure to honor obligations for reasons not enumerated in Act of God clauses will entail financial obligations of the artists to managers and presenters involved.

II. Manager-Presenter Relations

The manager-presenter relationship is the crux of our profession. Both represent entities beyond themselves—performing artists on the one hand and the concert-going public on the other. As such, it involves mutual trust and a commitment to the perpetuation of the performing arts.

1. Managers are expected to be accurate, efficient and timely sources of information about performing artists. This precludes any willful misrepresentation of the needs, capabilities and availabilities of the artist one is authorized to represent and also any corresponding m isrepresentation of artists one is not authorized to represent.

2. During the booking and contracting process, managers should be mindful of their leadership role: every instance of booking activity should be a model of the process for both sides of the bargaining table. This involves being frank and forceful with presenters about the effects on artists’ careers of potential abuses, such as unreasonable holds, premature requests for contracts, and other restrictions, such as
exaggerated exclusivity clauses. Conversely, managers, especially when dealing with less experienced presenters, must not abuse any rights or expectations to which the imprecise use of language may seem to entitle them. No enticements, such as gifts of value or monetary kickbacks, may be offered to presenters for booking artists. Not only is this illegal, it is a particularly loathsome violation of our trust.

3. Both managements and presenting organizations are responsible for the actions and commitments of their staffs.

4. Holds. It is recognized, given the committee structure governing many presenting organizations and the complicated and delicate process involved in putting a season together, that the requesting and granting of "holds" may be a necessary step in the booking process. All parties involved must recognize and respect the good faith aspect of holds and not abuse the process. In particular, holds should only be requested and granted with the understanding that a response, positive or negative, must be made within an agreed time-frame, generally less than thirty days.

5. Contracts should only be requested and supplied when all parties can confirm their intention to sign it. It should then be completely, accurately and promptly executed, including any and all riders, except when specific retarding circumstances (government grants, etc.) are clearly defined. All parties, including the artist(s), should be fully aware of all conditions and be ready and willing to fulfill them. Any
subsequent impairments should be fully, frankly and promptly communicated to all concerned. All parties should remember that verbal agreements are legally binding.

6. Cancellations. The manager-presenter relationship is a partnership in the service of a larger cause—the bond between artists and audiences. The contract is a crucial link in that chain. If it's broken, far more is lost than what can be entered on a balance sheet. In the event a cancellation threatens, be it willful or not on any part, the important thing is to save the bond. The process will be painful and difficult no
matter what. The best preventive medicine is a thoughtfully designed and realistic contract. The only palliative is the frankness and good will of the parties.

Artists must realize that willful cancellation of a commitment can damage a career, impair the reputation of management and damage the credibility of a presenter in the eyes of the public. It is especially reprehensible when the desire to cancel stems from a more lucrative or prestigious engagement elsewhere. This indicates a short-sighted view of what constitutes career advancement. Such cancellations will involve reimbursements to both presenters and management for out-of-pocket expenses, promotional costs and lost commissions.

Presenters must realize how much is at stake when they request a hold or a contract. Based on these commitments, itineraries and budgets are set. Failure to honor a commitment can adversely affect the viability of an entire tour, with consequences not only for management and artists but also for other presenters. It is especially reprehensible when the desire to cancel stems form problematic ticket sales. The solution is to devote more energy to promotion. Presenters will find managements and artists willing to assist in marketing efforts. Such cancellations will involve reimbursements to management and artists. NAPAMA members are advised not to sign contracts which contain cancellation at will clauses.

If, despite all efforts to prevent it, a cancellation does occur, all sides must use their best efforts to either find a suitable replacement artists
or to reschedule the date.