Legal Question in Entertainment Law in Massachusetts

DJ/Band contract language with customer

If DJ/Band is drafting contract with customer for one performance at a wedding:

1. Is the DJ/Band techically considered an ''independent contractor'' of the customer, or simply a ''service provider.''

2. Is every person who is paid to provide a service either an independent contractor or employee, or can a service provider simply be a ''service provider'' without being either an independent contractor or employee. (It seems to me that not everyone who provides a service wants to be classified as independent contractor or employee and thereby create an employment relationship).

3. Would you recommend language in the contract for the DJ/Band saying ''DJ/Band is an independent contractor and not an employee of the customer'' If yes, why? If no, why not? (This seems to only benefit the customer, to try to avoid liability for torts of the independent contractor).


Asked on 4/04/03, 11:51 pm

1 Answer from Attorneys
Lawrence Graves Coolidge & Graves PLLC

Re: DJ/Band contract language with customer

If this is an occasional kind of gig for your band, then I wouldn't worry about doing a contract -- most likely, it is the customer that wants one. Lots of these are freely available on the Web if you take the time to search. Else, you can hire a lawyer to draft one for you (an entertainment lawyer should have a readily-adaptable form) for relatively little money. I can recommend a music lawyer if you want.

On your specific question, the band is an independent contractor, as are its members.

Best wishes,

LDWG

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Answered on 4/05/03, 10:18 am


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