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On the Road
  

Touring Handbook  5.1: The Negotiation Process

There is much written about how to negotiate and different styles of negotiation, but what is most important is to understand your negotiation is not an adversarial process. Think of it as a win-win-win. 

  • You want to negotiate the best possible conditions so that your tour and your performance are successful.
  • The presenter wants to make it possible for the performance to look its best and to present a successful engagement so that she/he can continue bringing performances to their community. 
  • You both want an engaged audience who is exhilarated by the performance and eager to return to the theatre hall for more. 

Don’t try to take on a persona or conversational style that is uncomfortable for you. Just be yourself and approach the process with openness, honesty and a desire to make a new best friend. Ultimately, the contract that results from the negotiation will provide both parties with equal protection and fully disclose what each party expects from the other.

Of course, many of these details will have already been discussed in your initial conversations with the presenter, but do be sure to review all aspects again. You should confirm all the details prior to submitting them in writing as part of your contract. 

When you speak to the presenter, have a Negotiation Checklist in hand to make sure that you do not leave anything out. Write down the specifics for each detail as it is confirmed. Especially if you are negotiating many engagements at the same time, a system for keeping track of the specifics of each situation is vital. 

Negotiate your performance fee 

Do not feel uncomfortable about asking for your fee. You know how much money you need from each engagement to meet your income projections for the tour. Similarly, the presenter knows what their costs are and how much they can charge for tickets. They also have an idea how many tickets they can expect to sell for your engagement. Each of you needs to arrive at a satisfactory financial arrangement, and an open discussion is the best way to get there.

The Letter of Intent  

After you and the presenter have determined your mutual interest in a performance, (i.e. you’ve come to general agreement on location, performance date, fee and technical basics), the presenter will generally provide you with a Letter of Intent. Occasionally, it may be your responsibility to prepare the letter of intent for the presenter.

Sample Letter of Intent [PDF].

Other areas for negotiation

There are some aspects of your performance that require negotiation but are unlikely to be documented in the contract. Be sure to document this information along with your show checklist and confirm the details with the presenter via letter or email.

  • Pre- and Post-Show Receptions
    Attendance at receptions is not generally part of a contract, but is definitely an area for negotiation. The presenter may ask about attendance at a pre-show reception, however, attending such events is generally impossible for artists who need that time to prepare themselves for the performance. It is perfectly fine to say you will be unable to participate in pre-show receptions. Similarly, attending a post-show reception every single night can quickly exhaust your performers. If you find that every presenter is asking you to attend you may wish to explain why you are unable to attend, or you may wish to make it clear it is unlikely that more than one or two of the group can come. 
  • Promotional Materials You Will Provide
    The details of promotion material requirements will not likely be in the contract, but must be negotiated. 
  • Promotional Activities You Will Participate In
    Though the specifics may not yet be clear, the presenter may want you to participate in advance telephone interviews with local media or to have a local television crew attend your afternoon rehearsal. It is helpful for you to mention in the negotiation phase that you are interested in participating but that such activities will require time in advance to set up. If you do not allow media into your rehearsals on the road, make sure the presenter knows that. If you have specific media contacts or have retained the services of a publicist, be sure to talk to the presenter about how the two parties will coordinate promotional efforts to make sure you are not intruding on their relationships. 
  • Promotional Materials Request Form
    You may wish to send a PR Materials Request Form [PDF] to the presenter along with the signed contract. This will define the quantities of materials needed and the deadlines for sending them to the presenter. Much of the material (other than printed flyers, brochures or posters and CDs) should be made available for download from your website. Make sure you have enough storage space on your website for large, high-resolution images and for mp3 files.
5.1