Lately, I've been considering to attempt to get an agent. This post isn't about how to get an agent; I feel like I have an adequate amount of information on that. My question is in regards to how scheduling works with agencies. By signing with an agent, do they now have more control over your schedule than you do?

The reason I ask is because a friend of mine (a hypnotist and not "well known" by any means) just got an agent and started to work the college circuit. The agency began to book him an incredible amount of dates and he is very happy about it. However, for one of the gigs they booked for him he said he had a prior engagement and wasn't going to be able to do the date. They told him that if he wanted to be represented by them that he had to do the date. He canceled what he had and did the show. However, he now basically feels like they own his schedule and he is weary of even attempting to plan anything in life because he feels like they might drop him if he is unavailable.

Is this agency just being unreasonable with my friend? Or when someone decides to work with an agency are they committing to working every date that they book?

It would seem to me that there are plenty of public speakers, entertainers, etc. who have other projects that they work on but are still represented by agencies. Perhaps this is an issue between a name brand entertainer vs. a non-name brand? I figured someone who is a well established name, whose demand won't decrease, stands a better chance of not getting dropped than an unknown performer who relies on agents to book big shows.

I understand the purpose of getting an agent IS to book shows, and that your show is a product that you are allowing them to sell. And of course, I want the work! However, I would hope that it wouldn't get in the way of being able to have the freedom of booking private events, interfering with family plans, etc. These sorts of issues make me wonder if an agent would be the right move for me to make when there are other ways for me to build up my business.

There are as many different types of agencies as there are performers. In the example you stated about your hypnotist friend in the college market, this is more than likely a situation based around a block booking arrangement. In the college market agents route dates by finding schools who book in conjunction with each other to receive a better price. By your friend saying he can't do the one date it creates all kinds of problems for the agency. If he can't do the one date they may have to go back to all the other schools and cancel or raise their pricing or break the block. If the block can't be executed due to his not being able to do the one date it could mean a loss of thousands or tens of thousands of dollars in booking income for the agency, not to mention it could seriously jeopardize their relationships with these clients/schools. In this extremely competitive market, there will surely be another agency ready to swoop in and take these accounts away from them with a performer who will be happy to fulfill their needs.

Agencies always seem to get a bad rap from performers but they work extremely hard to target, solicit, and land these school accounts, not to mention the many thousands of dollars it takes to market to them and serve them. For a performer to say no would to a date would be cause for them never to book him again, this is quite common. If he gave them a list of blackout or unavailable dates in advance before they started booking him I doubt they would have scheduled a block around a needed day off, but who knows, maybe it was impossible to avoid it. For a performer to say no is tough as there are always many other performers willing to step in and gladly be willing to accept the dates, so it could very well jeopardize his relationship with the agency.

Not if you read what you sign. Know what you are getting into up front. Ask questions and clarify.

If an agent can get you a lot more work than you can on your own, why NOT give them control of a schedule?

I guess this is a good question to ask as well. Right now, I am still in school and would love to do more shows outside of the small town I live in. I have my act and promo materials good to go and am willing to travel even if it means skipping some school (I am not worried about my grades slipping). However, because of school it would be impossible to make a full commitment other than weekends and summer. I graduate this December, so right now I am doing my best to make all the contacts that I can for when I graduate. I'm well aware that having an agent isn't exactly like finding a part time job, but I'm simply trying to find ways to increase my income. I've been finding it hard to market myself since I'm basically living between two cities at the moment. Having someone finding shows for me would obviously help. I don't want to bother trying to get an agent if my commitment to school for the next year will only hurt my relationship with them. I'm willing to wait, but I figured I'd see what people had to say.

I am still doing private shows and working a nice lounge in town. Thinking about getting an agent isn't to deter me from seeking out work on my own; I'm still actively doing that.

Good agents are hard to find. There are way too many of the others.

However, your agent works for you! If it is the other way around see a lawyer immediately and get your distance and/or some "front money" for what you gave up. He is the boss and you are his employee/agent if your booking rights are gone. An agent is a commissioned sales person and an EMPLOYEE and not a partner. Exclusive agency works for advertising and real estate but not talent. In the professional entertainment industry, a personal manager fills that role. I currently don't know a magician with a personal manager.

Secondly, "Twisting" (getting you dishonor one existing contract to take another that pays a commission to a different "sales person/ agent") is at least unethical, if not illegal in some states. And "double agency" often leads to future legal fees.

A promoter can help you by buying future dates he resells. But he is not YOUR agent! He is a talent buyer for himself or others.

Time spent reading the "Agency" chapter in a good business law book is a good investment. Be aware too that agency (making someone your employee/servant) can also open you up to other liabilities you may not be willing to accept.

Of course, there are individuals who need access to your schedule. That is not control of it! Frankly, after over 50 years in the industry, I have learned to NEVER publish my full schedule. Why announce to the world best dates for burglary, ID theft, and when family members may be alone? Also as a former agency owner, why furnish others a list of proven talent buyers with dates and locations? Professional Marketing Research is real too! (I also spent years teaching MBAs Marketing and Management in grad school.)

Bob Sanders
Magic By Sander

In today's entertainment world, unless you are working full-time in the corporate or college market, agents do not typically find you a great deal or work. If an typical agent (outside of the markets I mentioned) gets me 5-12 gigs a year I consider that a lot of work from them. The key is to be represented by multiple agencies, and in today's entertainment scene most agencies are not operating on exclusive agreements.

There are still the "phone room" show for charity folks out there.

Bob Sanders
Magic By Sander

I've never heard of such a thing...on either side of the desk (the agent's or the performer's). Having been represented, the agent will call me and ask about a specific date or dates and I check availability. If I can do the show -- great. If I have another client booked for that time, the agent understands this. Making you dishonor a previous commitment sucks in my very humble opinion. I suppose as a last resort you can find another performer to fill the gig...but only with the express 100% cooperation of the client you are changing your contract with.

If you have an exclusive with them (ie: they have the right to book anything they want when they want to book it) then you should be getting a ton of both work and consideration from them because you belong to them. This can get very sticky.

David