So, you’ve made it as a dancer in Kenya— congratulations! All the sweaty rehearsals, and hours spent mastering that one tricky eight-count are paying off. You get your big break, land a project with an agency, and it all seems like smooth sailing from there, right? Wrong. If you think your biggest battle is nailing that ‘Set It’ choreo (shout out to Dyana Cods & Ajay for this chuuune btw), you haven’t yet tangoed with a contract negotiation. Let’s take a quick tour through the often hilarious, sometimes frustrating, but always educational world of working with advertising agencies as a performing artist in Kenya. Grab your dancing shoes and maybe a lawyer—this is going to be a bumpy ride.
Act 1: The Mysterious Case of the Unsigned Contract
Picture this: You’re fresh off a project pitch, where you’ve been wooed with grand promises of exposure, creativity, and—dare we say—big money. The agency smiles, hands you a contract, and says, “We’ll sign later. Let’s just get started with rehearsals.”
“Later” becomes a week, which turns into a month. All the while, you have angukad nayo five ways from Sunday. Yet, your signature is as absent from the paper as your pay is from the bank.
This is where the game begins. Ad Agencies (not all, but enough to keep us on our toes) have mastered the art of ambiguity. They’ll sell you dreams of grandeur, but when it’s time to talk compensation, the conversation suddenly becomes as elusive as your perfect split.
Act 2: The Telephone Tango
At some point, you realize that things aren’t quite adding up. The discussions you’re having over the phone sound great—“Oh yes, we’ll credit you for the work, we’ll definitely compensate you for any commercial use of the footage”—but somehow, these promises never make it into the actual contract.
This is where the “Telephone Mchezo wa Taun” kicks in. It’s a delicate dance where the agency gives vague assurances over the phone, while you silently wonder if you’ll ever see these promises in writing.
Spoiler alert: IF IT’S NOT IN WRITING, IT DOESN’T EXIST.
Act 3: The Great Contract Showdown
By the time you’re knee-deep in rehearsals, the original agreement has morphed into another project scope – with little to no heads up being run by you on what this new scope means for you and your rights.
Now, you have two options:
1) Pretend this is all fine and hope for the best, or
2) Put on your game face and ask for a meeting to sort out the mess.
Act 4: The “Let’s Just Fix It” Conversation
When you finally call the agency out on these contract discrepancies, they hit you with, “Oh, we’re on the same page now. Let’s just amend the contract.” Fantastic! Except, they don’t send the revised version of the contract. Days pass. More rehearsals. More emails. More vague phone calls.
This is when you realize: Agencies na long game? Same Wozzap.
They assume that if they drag things out long enough, you’ll either give up or get too deep into the project to turn back. But trust me, if you ever find yourself in this situation, HOLD. YOUR. GROUND.
Act 5: The Big Finale – Protecting Your Dance Moves (and Your Rights)
All of this begs the question: How do you, as a dancer or performing artist, avoid getting caught in this contract limbo? Here are a few key steps to protect yourself when working with agencies:
1. ALWAYS Get it in Writing: It may seem obvious, but never start work without a signed contract. A verbal agreement, no matter how heartfelt, isn’t legally binding. Make sure every detail—payment, credits, royalties, usage—is written and signed.
2. Read the Fine Print: Don’t just skim through the contract like it’s a YouTube dance tutorial. Read every clause, especially the sections on YOUR rights, usage, and compensation. If you don’t understand something, ask. Better yet, consult with a lawyer who specializes in the arts.
3. Negotiate Royalties and Credits: As a choreographer or dancer, your work will likely be reused, repurposed, and shared across various platforms. Ensure that the contract specifies how you’ll be credited and whether you’ll earn royalties from any future uses of your work (music videos, commercials, etc.).
4. Set a Clear Usage Period: The contract should define how long your work can be used. If the agency wants to use your choreography in perpetuity (i.e., forever), that should come with appropriate compensation.
5. Protect Your Image Rights: If your likeness is going to be used in the final product (videos, photos, promotional materials), make sure the contract includes a clause protecting your image rights. This can cover everything from where and how your image is used to whether you need to give permission for its use in new projects.
6. Insist on Amendments in Writing: If anything about the scope of work changes, that needs to be reflected in the contract. Don’t proceed on vague promises; make sure the changes are officially documented.
7. Be Prepared to Walk Away: If the agency is dragging its feet or being unclear about your rights, don’t be afraid to step back. It’s better to leave a project than to get stuck in a contract that undervalues your work and leaves you unprotected.
In the end, navigating the world of contracts with agencies can feel like its own performance art, but the more you know, the more confident you’ll be in ensuring that your artistry is respected and your rights are protected. As dancers and performing artists, your creativity is your currency, and your contract is your safeguard. Make sure it’s as airtight as your routine.
