Musician and Nightclub Booking Arrangement

Your client, Jerry the Jazz musician, is becoming increasingly well-known in the region. He has recently been offered a booking arrangement by the Nightowl nightclub, the ritziest jazz bar in the city, for Tuesday nights. They propose paying him $500 per appearance plus 10% of house profits. Because they want to have the opportunity to use other musicians for variety, taking advantage of out-of-town players who pass through, they are only willing to guarantee Jerry 26 Tuesday night appearances over the course of the year. They would give him one week’s notice with regard to each Tuesday, and he would be obligated to appear when called.

Jerry tells you that he finds this offer attractive because it would give him some stability in his income, something he has never had before. On the other hand, he does not like the idea that the arrangement would preclude his doing any other gigs on a Tuesday night (or out-of town gigs on Mondays or Wednesdays); given his increasing reputation, he occasionally gets great one-shot offers.

How do you advise Jerry regarding his contract negotiations with Nightowl?