AFM Contracts
The Musician's Best Form of Protection
The
American Federation of Musicians and its Locals have negotiated collective
bargaining-agreements with a wide variety of employers, such as the major
recording companies and symphony orchestra managements, to ensure that
musicians get paid for playing those types of jobs.
But not all gigs fall into those categories. Many performances, such as those
in clubs, for stage shows and for private parties, are negotiated directly
between the musician and the purchaser. Unfortunately, some professionals risk
their wages by not filing signed contract forms--and without a contract on file
with the Local where the performance is taking place, there's little that the Local
or the federation can do to get you your if you get
stiffed. Standard AFM contract forms are easy to complete, requiring only the crucial, basic
information: the date(s) of the engagement, the number of musicians playing
the job, the names, addresses and telephone numbers of the musicians
and the purchaser, the type of engagement, the compensation agreed upon, and the
signatures of both parties.
When using any contract, specify how disputes over the terms and conditions
of employment will be resolved. (Using standard AFM contracts takes care of this
for you automatically.) This gives both you and the purchaser greater security; if for
some reason the engagement doesn't meet everyone's expectations,
equitable mechanism for resolving the problem is already in place. In addition,
the AFM recommends that whenever possible, members get a nonrefundable deposit
of 50 percent. Under current consumer law, all deposits must be returned to
the purchaser in the event of a dispute, unless it has been previously
stipulated that the deposit is nonrefundable.
Once completed and filed, and AFM contract has the force of law and the
union behind it. If the purchaser fails to meet the terms agreed to in the
contract, the AFM or the Local will make every effort to collect money owed to
its members including taking the purchaser to court, in certain
circumstances.
There are various types of contracts used by the AFM (click the link to
download and save or print the PDF form):
Canadian Live Performance Contract for Canada (LPCC)
"CA 1" form is for single or steady engagements. Those Canadian Locals
with bylaw provisions calling for payments to the pension fund on miscellaneous
and/or steady engagements should use the "CA 1" contract format with
additional language providing for pension contributions.
U.S. Engagement Contract Forms
"Form L-1" is for local engagements only, and provides an option
for the purchaser to have any claim that might arise from the contract
arbitrated either by the Local Executive Board or the American Arbitration
Association.
"Form L-27" is for local engagements only, but differs from L-1 in
that it contains no provisions for the resolution of claims or disputes. It's
recommended for use by Locals that prefer to proceed directly to court on behalf
of their members by filing a suit to enforce the terms of the contract.
"Form T-2" is for traveling engagements. It contains no provision
for the resolution of claims or disputes, as the Federation now proceeds
directly to court (at no expense to the traveling member(s)) to
enforce the terms of the contract.
General Notes
Please note that American musicians should use Canadian contracts when
performing in Canada and Canadian musicians should use U.S. contracts when
performing in the United States. Contract forms are available from the Locals,
and Local officers will be happy to help you complete them.
Filing your AFM Contract
Blank AFM contracts are available from the COMA
Office.
Remember that every AFM contract must be both signed and filed at the COMA
office before the gig. Otherwise it is null and void. Considering all the
benefits that AFM contracts provides (to both the musician and the
client) there's no reason not to file one.
