Published in "Juggler's World"
(But some updates have been added here.)

AGENTS

I LIKE AGENTS!!!!!!
I like giving them 15-20% or more. They are worth it. There, I said it. This is a touchy subject to some. I know my opinion might not be the same as many or even most of yours out there. There are many reasons why I believe this. Here are a few of them.

1. I mentioned, in a previous article, that I feel you can get higher fees if you do not negotiate yourself. The agent can say: “No, the fee is X amount of money” and it does not reflect as badly on you.

2. Each time an agent makes money, you make money. I hope my agents become wealthy from booking me.

3. Agents invest money in advertising your services, saving you that expense.

4. I am almost always treated more like a professional when I show up for a job, if an agent has booked me instead of booking it myself.

Some basic rules when dealing with agents:

1. Always give out the agency’s card when on a job the agent booked, to anyone who inquires about your services. Most agents don’t mind if you put your FIRST name on the card. If your are called later and you know it was due to a job an agent booked, refer the customer back to the agent. This will demonstrate integrity to both the agent and the customer and only benefit you.

2. Decide on your fee for the engagement and don’t worry about what the agent gets. If you have no problem working for one hundred dollars an hour and you find out the agent gets two hundred dollars an hour, great! If this agent makes a hundred dollars each time they send you out, guess who they will book every chance they get? As long as you get your desired fee, who cares? This is something that many people have a problem with. Get over it!

3. Avoid surprises. Find out exactly what amount you will be paid. Some agents will only talk about how much your fee is and then deduct a percent for themselves. Others resale and mark up your services and give you what you asked for. Either way is fine as long as you know ahead of time.

4. Get a contract. A contract can only help you. I have been told by an agent the wrong time to show up. A contract will save embarrassment. If the agent doesn't mind, a copy of their contract to the client will work. They can hide the amount they are getting if they want. Everybody has a fax machine. Get them to fax you a copy. Fax machines are not expensive these days. Get one. It will come in very handy. If this is an agent that you have worked for a hundred times, and you have faith in each others ability, it is possible to forgo the contract.

NOTE: While we are on the subject of fax machines. NEVER fax an UNSOLICITED advertisement of your services to an agent or potential client. Unsolicited fax advertising is prohibited under federal law.(US Code 47 Section 227, Public Law 102-243, The Telephone Consumer Protection Act) If the FCC finds out about it you could be fined between $4,500 and $11,000 for every fax you sent that they receive a complaint about. You can also expect to pay $500 to $1500 in damages to every person who receives such a fax if they want. If you send unsolicited fax advertising you can expect to find yourself in court. Many states also have very strict laws concerning fax advertising. Many are even more restrictive than than the federal law. (Something that is allowed under the federal law.) For more information go to http://www.junkfaxes.org or http://www.fcc.gov. You also must remember that there are state and a federal “Do Not Call Lists.” Any telephone solicitation must consider the requirements stipulated in these statutes. Cold calling an agent, you have not worked with before, might get you in trouble. Sending them your information in the mail is probably the safest way to let them know who you are. Talk to a good lawyer if you have any doubts.

Just like with any profession, there are good agents and not so good ones. You may get a call from an agency who does not book variety acts much. Perhaps all they are familiar with are bands or maybe just actors. These people will allow you to screw yourself simply because they don’t know. Help them. Ask questions. Get a contract.

There are also some agencies that focus on the money just a little too much. Recognize them and just don’t work for them. One thing that an unethical agency might do is not call you even if a customer requests you specifically. The reason for this might be PROFIT MARGIN. If the client has two hundred and fifty dollars to spend and your fee for this show would be two hundred and “Mac” the magician’s fee is one hundred and twenty-five; the agent is looking at fifty dollars profit vs. one hundred and twenty five. You might also encounter the agent that will talk you down below your basic price and then charge a large fee. Even recently, I thought I was doing an agent a favor and performed for a party for half of my normal fee. Quite by accident, I discovered that the agent charged enough to have paid my regular price and still kept a fair commission. If this happens to you it is your fault for allowing yourself to be talked down, but it still makes you think badly of the agent. If you know of these things happening, avoid this agency. With any luck, they won’t last long, and you can expect to hear from a different agent with the same client soon.

Remember this, your contract is with the agent. You will (or rather should) be paid regardless of any arrangements made between the agent and the client. Feel free to make special plans with your agent for payment. Work with them and be on their side; that’s fine. But a warning light should flash if the agent gives you excuses about not being paid by the client.

© Mica Calfee 4-6-97

 

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