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Sunday, May 20, 2012

Points on Negotiations for Independents: Special guest Jeramie Kling


     I first met Jeramie Kling years ago while putting together the very first music festival I ever attempted. We will say I learned many lessons from that first experience, but I also made what was to become one of my best and dearest friends. Since then we have shared a stage many, many times, toured the east coast together, negotiated terms of many deals, as well as produced a ton of music together between our respective studios, here in/on opposite sides of, Florida.
     Jeramie is a National/International touring musician best known for his drumming work with The Absence on Metal Blade Records, but he also plays on tours for many other large and well-known acts, occasionally handling studio duties for them to fulfill deals with their respective labels as well. Jeramie is a heavily sponsored artist, was for quite a while the face of D-Drum, is known to travel and book/manage tours for well-known acts, and owns his very own media studio where he records others and his own studio projects. Many an agreement comes to my dear friend Jeramie, and often we discuss the terms of these deals together. When the opportunity to ask a few questions about how he tends to handle certain circumstances in an industry as, ahem, murky, as the entertainment industry arose, I grabbed it.
     Here are a few things that any independent artist can understand. I will spare you a rapid Q&A session and rather explain the questions I asked and the general philosophy presented to handling certain situations as given by a professional with years of direct experience juggling insanity in a topsy-turvy industry where not everyone has your best interest at heart. Dig? Let’s go…
     Firstly, given the state of our industry and how stiff negotiations can be over pay I asked Jeramie if he finds that more often than not he finds himself pointing to “standard” rates for other acts that are on the same “level, or “status” within the industry or if he finds he simply bases his stance on the actual costs of doing business, travel, time of performers, etc. I think this to be important information for an independent that wants to know the best way to go about being paid and negotiating their point. Jeramie says that “The latter always… There is no way to put a "standard" stamp on it. There are too many variables that have to do with our current economy.”  So while you may know that there are certain acts that make a certain amount, perhaps you should try basing your negotiations on what it will cost you to perform unless you can equally “guarantee” a certain draw for that promoter or venue.
     When it comes to things like “working toward mutual benefit” during the negotiation and being willing to make certain concessions, Jeramie cautions that it really depends on whom you are dealing with so this is really “on an instance-by-instance basis only.” “Sometimes you can bargain more than others. I always try to negotiate a better deal for my side of course.” Taking this into consideration with a bit of my own advice I would say that he hit the nail on the head regarding your stance sometimes being determined by with whom you are dealing. In other words, always come to the table willing to play ball, but don’t be afraid to make your concerns and interests clear and to bargain hard for what you came for.
     Lastly I thought it may be important to cover how to deal with professionals in the industry who you absolutely know are trying to pull dirty tricks during the negotiation, especially for a deal you really need. Remember folks, they say “it’s a small world” but in the world of entertainment, it gets even smaller. So I asked Jeramie how he handles situations like this and he says he finds the best way to deal with this type of thing is to call them on their crap. Point out that you know what they are up to and that it isn’t going to work. The most important part of the advice comes next, and that is to be amicable about it and work through it as quickly as possible so they know you mean business and are not at all unreasonable. I think this is excellent advice. It is important to continue to work through issues and simply be willing to move past them to ensure a good deal on both sides.
     I’d like to thank my good friend Jeramie Kling for taking the time to offer some insight into daily negotiations for all independents that search out this information eagerly.