Is a handshake binding?  I’ve always valued it as sealing the deal.  But, is it enough?  Should I make sure that every agreement is written, especially when it comes to business arrangements? Are the rules the same for musicians?

A handshake (or as I’d like to refer to it as a gentlemen’s handshake) is a verbal agreement, generally speaking, binding.  It is not necessary for a contract to be on paper to be a contract. All that is required is an understanding between two individuals or parties and each offering some consideration, or thing of value--the job; and your promise to work.

One of the most pressing challenges to navigate for musicians is the contractual relationship between club management and the performers.  Often, agreements are made and sealed solely by a gentlemen’s handshake (a behavior frowned upon and warned against in other business segments).  Such formalities as written contracts are considered not needed.  In these circles, relationships are built on long histories of trust and good characters.  The gentlemen’s handshake has been more than enough to secure that the agreement will be honored, including the agreed upon compensation.  Unfortunately, not everyone is a gentlemen and a handshake does not carry the same weight or meaning.

There have been incidences of fraudulent like practices where club managements have defaulted on their offers to compensate at agreed upon amounts resulting in lower pay or not paying at all.  In these cases, gestures of the handshakes were dismissed.  Often, when these actions were challenged by the musician, he was made to pay penitence for his actions…sometimes by sacrificing his good name.  A club owner or manager, for example, may resort to berating and damaging a musician’s reputation by characterizing them as difficult to work with or unprofessional as a ploy to cover their own duplicity.  A recent encounter with management of a popular local jazz establishment speaks clearly to this. 

Here’s my story.  Learn from it.  Before I share, it’s important to know that the aforementioned establishment recently brought in a new booking manager. This has impacted the types of artists booked and related activities.  Ultimately, the new booking manager is in the process of changing the club’s culture and style of music.  The problem exposed here is that duplicity is being used to accomplish the format changes.

My story started a few weeks ago when an agreement (of course, sealed by a handshake) was made between the booking manager and me.  We agreed that the club would hire my group to play at the venue Friday and Saturday.  It was understood that a musician from New York would be brought in to play several performances with my group.  All the details including a set compensation were discussed and agreed upon before booking.  However, minutes before the performance, the booking manager refused to keep the agreement.  Keep in mind that this agreement had been sealed with a handshake.  The booking manager made sure to write the details of our arrangement. Nevertheless, he refused to honor it.  I challenged his decision. After an intense dialogue, he changed his mind (at least that’s what I understood).   To my discontent, this was not completely true. 

The booking manager had a member of his team to give me a check written for an amount that was substantially less than what was agreed.  In his absence (of course he was missing in action [MIA]…aren’t they always?), I met with other members of leadership to discuss the matter.  After a long discussion and lots of time spent, the club’s senior leadership made good on the agreement.  If the story ended there, one could say “lesson learned: get it in writing”, but there’s more.  Management used this incident as foundation to allegedly build their smear campaign. 

While I’ve performed a few more times in that venue since that incident, it was the last performance that broke the camel’s back.  After this performance, I was asked not to return…my services were no longer needed.  This decision was supposedly based on my not having left my space neatly (the house drum kit was not in place).  Anyone who knows me would know that this was out of character.  Of note, I have a newborn and had to rush to get baby formula.  In my rush, I could have accidentally moved something out of place (not intentional…just an action related to my rushing).  However, an untidy house kit is not enough to fire someone.  Most musicians understand that house kits come undone and can be askew.  What I didn’t fully understand at the time was that I was under scrutiny…my every action was being watched and documented.

On the day following my last performance, I received a text from the booking manager.  His text stated that I was not welcome to return.  I would not be allowed to perform at this establishment again. You can imagine that I was flabbergasted! I was outdone…and not for the apparent reasons.  I was appalled by the reasons he gave.  In his text, he said that I was let go…dismissed…code for “fired”…because of the untidiness of the house kit and referenced indirectly the earlier incident of discrepancy around compensation where I challenged him successfully with his superiors.  The most disturbing thing he shared was that I was difficult to work with (which goes against my character and work ethic).  I’ve had and continue to have an impeccable record…never a complaint…known as a consummate professional…easy going.  Clients have sought me because of my professionalism and reputation. 

My sharing my story is more than just venting.  Hopefully, it highlights the importance of sealing the deal with more than just a handshake. In my case, because nothing was ever written, there is no document that speaks to the agreed upon terms of the agreement made with the club.  The attack on my character is the booking manager tactic in covering his unethical behavior of not keeping his word (of course, sealed by a gentlemen’s handshake).  Lesson learned:  get it in writing.

How is the world treating you?

---Seven Sharps