[Dixielandjazz] Non-compete restrictions

[Steve barbone]

Trevor Tomasin <trevor at clevedonjazzclub.co.uk> wrote

> Hi
 
> Due to changes in local circumstances Clevedon Jazz Club have decided to
> alter the booking restrictions set out in item 4 of their formal Booking
> Letter, by expanding both the geographical area and the time of the
> exclusions as follows:
 
> 4.      Except as agreed with the Club, the Band agree NOT to perform in
> Clevedon, or the surrounding areas - defined as the area covered by Post
> Codes BS20, BS21, BS22, BS23, BS24, BS48 and BS49, or on any vessel
> arriving at, calling at or departing from Clevedon Pier, within a period of
> 8 weeks prior to and 4 weeks after the date of the performance at CLEVEDON
> JAZZ CLUB referred to above..

Hi Trevor:

Interesting. Could you expand upon that restriction? For example:

1) How large a geographic area is that, say in a radius of Clevedon?

2) How large an audience does the club draw for a concert?

3) What is the Entry Fee?

4) What are the general circumstances that prompted this restriction?

5) Does the restriction apply to local band? Or do you not present local
bands?

6) What harm to the jazz club is anticipated by such a performance within
the period?

Reason I ask. Berk's Jazz Festival has a similar restriction and uses a 100
mile radius of Reading, PA USA. We've played there 3 out of the past 4
years. But since we are a local band, performing frequently within that
radius, I scratch out that clause in the contract. Not a problem for them.
However they might view it as a problem with a Heavy Hitter attraction like
say Herbie Hancock, or Wynton Marsalis who perform infrequently in that
area. 

Likewise, we perform regularly at a number of Jazz Festivals within 100
miles of home base every year and have not yet had a problem eliminating
that type of contract clause. However, on its face, that type clause gives
us pause for concern.

Cheers,
Steve Barbone