Structure
The Live Performance Contract form is a crucial document that outlines the terms and conditions under which artists engage in live performances. This contract serves as a binding agreement between the Hirer, typically a person or company, and the Artist or Band Leader. Key aspects of the form include details about the performance, such as the name of the act, the description of the performance, and the number of musicians and crew involved. Additionally, the contract specifies the performance venue, dates, and times, ensuring that both parties are clear about the logistics. Travel arrangements, including transportation, accommodation, and meal provisions, are also addressed, with options for the Hirer to either cover these costs or have the Artist manage them. Payment terms are explicitly stated, including the final total, deposit requirements, and any percentage of gross door takings. The contract further outlines cancellation policies, artistic control, insurance requirements, and dispute resolution procedures. By providing a comprehensive framework for the engagement, this form helps to protect the interests of both the Hirer and the Artist, fostering a professional and respectful working relationship.
Common mistakes
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Incomplete Contact Information: Many people forget to fill in all the required contact details for both the Hirer and the Artist. Missing phone numbers or email addresses can lead to communication issues later on.
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Not Specifying the Performance Details: Some individuals fail to clearly describe the performance or the name of the act. This can create confusion about what is expected during the event.
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Ignoring the Cancellation Policy: It's common to overlook the cancellation terms. Not understanding the notice period required can lead to unexpected costs if a cancellation occurs.
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Payment Details Left Blank: Some people forget to include the final total or the deposit amount. This omission can cause disputes about payment expectations later on.
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Failure to Sign the Contract: A signed contract is crucial for confirming the agreement. Some Hirers or Artists neglect to sign, thinking that the contract is valid without it.
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Not Providing Sufficient Details for Travel Arrangements: Failing to specify who is responsible for travel, accommodation, and meals can lead to misunderstandings and logistical issues.
Preview - Live Performance Contract Form
STANDARD CONTRACT FOR LIVE PERFORMANCE BY MUSICIANS
HIRER (person or company name) _____________________________________________________________________________
Trading as (name of business and ABN) ___________________________________________________________________________________
of (address) ______________________________________________________________________(hm/wk phone) _____________________
(mobile) _________________________(email) _______________________________________________(fax)________________________
AND
ARTIST/BAND LEADER (name) __________________________________________________________________________________
Reference to Artist is also to Band Leader. If more than one person, the Band Leader acts as agent for personnel listed at Schedule A (reverse side) of (address) ______________________________________________________________________(hm/wk phone) _____________________
(mobile) _________________________(email) ______________________________________________(fax)_________________________
AGREEMENT TO ENGAGE ARTIST The Hirer agrees to engage the Artist on the terms of this agreement
1(a) |
Appearing as |
_______________________________________________________________________(name of Act/ Band) |
1(b) |
To Perform |
__________________________________________________________________(description of performance) |
1(c) |
To provide the performance there will be ___________________(No. of) Musicians and Crew (”personnel”) listed at Sch. A |
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PERFORMANCE VENUE AND TIMES If a residency (more than 1 booked gig) then list dates at Schedule B (reverse side) |
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2(a) |
At ____________________________________________________________________________(venue and full address) |
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2(b) |
On _______________________ (date) or as set out in Sch. B for performance from __________(time) to _________(time) |
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or for a period of _________________________(less breaks) |
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TRAVEL: TRANSPORT, ACCOMMODATION AND MEALS Is included in Final Total unless one of the following options completed:
3(a) |
The Hirer will pay a travel total of $ _________________ (incl GST) to cover all personnel travel, equipment transport, |
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personnel accommodation and meal costs, which will be arranged by the Artist. Travel total to be paid no later than 5pm |
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on __________________________(date) |
3(b) |
The Hirer will transport all equipment and provide travel, __________ night/s accommodation per person and _______ |
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meals per person per day for personnel. Confirmation in writing of these arrangements and all tickets, accommodation and |
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meal vouchers to be provided by 5pm on ____________________(date) |
CONFIRMATION OF PERFORMANCE
A booking is not confirmed by the Artist until in receipt of signed contract. The Hirer agrees to confirm performance by returned signed copy of the contract (via mail or fax) at least 7 days before the performance date.
CANCELLATION OF PERFORMANCE
The performance may only be cancelled by written notice received by the other party, no less than 7 days 14 days 21 days or 28 days before the performance date/s at clause 2(b). (Circle appropriate choice).
Deposit and any incurred travel costs are not refundable in the event of cancellation. If any performance is cancelled without proper written notice; if no cancellation period is specified above; or the performance is confirmed within the cancellation period specified: the performance stands as confirmed and the full Final Total payable immediately by the Hirer in the event of a cancellation. (The Artist may cancel at any time if unable to perform due to sickness, injury, transport problems, weather conditions or anything beyond their control, and is not liable to repay any amounts paid by the Hirer prior to the Artist cancelling).
PAYMENT
Final Total: $________________________________(per performance) (for no. of performances and dates see reverse side)
Deposit of $ __________________to be paid by 5pm on ______________(date) and otherwise as set out in the payment clause
AND/OR Percentage of gross door takings of_____________% to be paid as specified in the payment clause
SIGNED ____________________________________(Hirer) ___________________________________ |
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by or on behalf of |
PRINT NAME |
SIGNATURE |
DATE |
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(The signatory of the Hirer warrants that they have authority to enter this agreement on behalf of the Hirer) |
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SIGNED ____________________________________ (Artist) __________________________________ |
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by or on behalf of |
PRINT NAME |
SIGNATURE |
DATE |
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The Engagement: The Artist and personnel will follow all reasonable instructions relating to the proper and lawful conduct of the Hirer’s business. All instructions will be conveyed through the Band Leader to the personnel.
Payment: Unless agreed otherwise (set out in Special Conditions below) payment of the full balance of the Final Total is to be made to the Artist within 15 minutes of the conclusion of the first performance. In the case of a percentage of door takings, then payment is to be within 30 minutes of the conclusion of each performance.
Set Up and Load Out: The Hirer will provide the Artist and personnel with reasonable access to the venue before the performance to load in, set up, do sound checks and load out after the performance. The Hirer will provide secure on site parking for the Artist and personnel.
Staging: The Hirer will provide safe working conditions and ensure all equipment and facilities are in good working order. The Hirer will be in compliance with all statutory requirements (including adequate staging with protection from sun and bad weather) and will obtain all permits, consents and licenses necessary for the performance.
Power supply: The Hirer will provide safe and adequate power supplies operated by competent persons in accordance with all statutory requirements. If any of the Artist’s or the personnel’s instruments or equipment is damaged by malfunction or improper operation of the power supply the Hirer will reimburse any cost incurred to repair or replace the instruments or equipment.
Merchandise: The Artist will have the right to display and sell merchandise during the performance and at least 30 minutes prior to and after the performance, from a mutually agreed position without any payment to the Hirer.
Delay, Interruptions & Finish: If a performance is delayed, interrupted or finishes early as a consequence of any act or omission of the Hirer or due to weather conditions, then the Hirer will still pay the full Final Total. The Artist is not obliged to continue past set finishing time unless they agree.
Artistic Control: The band will have control of the artistic content of the performance and the people comprising the band. The Artist may substitute a competent replacement for any member of the band or personnel who is unable to perform the engagement. The substitution will have the effect of amending Schedule A to reflect any substitution.
Australian Business Number (ABN): Where the Hirer requires the Artist to furnish an ABN in respect of payment, it shall only be for the purpose of the taxation laws. This Agreement is not a Tax Invoice. Note any GST component may not be payable in the event of cancellation.
Insurance: The Hirer will provide and maintain the following policies with a reputable onshore insurer:
(a)Public liability insurance (min $10 million) including coverage endorsements for personal injury and property damage
(b)workers compensation insurance
(c)property insurance for the replacement value of any equipment
Indemnity: The Hirer indemnifies the Artist and personnel against all claims, including costs legal and otherwise, by the Hirer and the Hirer’s employees, agents, contractors, patrons, licensees or any other who as a result of the performance/s or cancellation of performance/s suffers any loss or damage of whatsoever nature.
Dispute Resolution: The parties agree that the courts of the State of Western Australia (WA) have exclusive jurisdiction to determine disputes in relation to this agreement. No party will institute legal proceedings unless reasonable steps are first taken to settle any dispute by negotiation. Each party is liable for its own costs in the event of a dispute, except that where the Artist is successful in pursuing or defending a dispute then the Hirer will pay the Artists’ costs on an indemnity basis.
Notices: All notices to be effective will be in writing and sent to the addresses noted on the front page for Hirer and for Artist.
Law: The validity, construction and performance of this Agreement will be governed exclusively by the laws of the State of WA.
Catering/Rider request: Hirer is to provide the Artist with water, clean towels if required and …..………………………………………….
………………………………………………………………………………………………………………………………………………………….
Special Conditions: ……………………………………………………………………………………….........................................................
.…………………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………………………….
………………………………………………………………………………………………………………………………………………………….
SCHEDULE A – Personnel comprising the band (and crew if required)
1.
4.
7.
2. |
3. |
5. |
6. |
8. |
9. |
SCHEDULE B – Dates of performance
1.
5.
9.
2. |
3. |
4. |
6. |
7. |
8. |
10. |
11. |
12. |
©Media, Entertainment and Arts Alliance (WA branch). Disclaimer: The Alliance will not accept responsibility or liability for the use of this form and parties using it should obtain independent advice where they see fit.
THIS PAGE TO BE INCLUDED WHEN HIRER IS A COMPANY OR AN ASSOCIATION
SCHEDULE C – GUARANTEE AND INDEMNITY
Unconditional Guarantee and Indemnity:
In consideration of the Artist, at the request of the Guarantor, entering into this agreement, the Guarantor:
unconditionally and irrevocably GUARANTEES to the Artist:
the due and punctual payment to the Artist and personnel of all amounts payable and all other moneys which may become due and payable to the Artist or personnel by the Hirer directly or indirectly pursuant to the terms of this agreement and any variation to this agreement; and
the due observance and performance of the Hirers obligations; and
as separate and independent stipulations:
unconditionally and irrevocably INDEMNIFIES the Artist and personnel and agrees to keep the Artist and personnel indemnified from and against all loss damage costs and expenses suffered or incurred by the Artist or personnel arising from or in connection with any breach or
as principal debtor agrees to pay to the Artist or personnel all monies payable by the Hirer under this agreement.
SIGNED by ....………………………………………… (Guarantor) ………………………………….. …. … .. |
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PRINT NAME |
SIGNATURE |
DATED |
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©Media, Entertainment and Arts Alliance (WA branch). Disclaimer: The Alliance will not accept responsibility or liability for the use of this form and parties who chose to use it should obtain independent advice where they see fit.
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Documents used along the form
When engaging artists for live performances, several forms and documents may accompany the Live Performance Contract to ensure clarity and protection for both parties involved. Below is a list of commonly used documents that can help facilitate a smooth engagement process.
- Performance Rider: This document outlines specific requirements and preferences of the artist, including technical needs, hospitality requests, and any other conditions that must be met for the performance.
- Payment Agreement: This form details the payment structure, including amounts, due dates, and payment methods, ensuring both parties are clear on financial expectations.
- Insurance Certificate: A document proving that the artist or venue has adequate insurance coverage, such as liability insurance, to protect against potential risks during the performance.
- Cancellation Policy: This outlines the terms and conditions under which either party can cancel the performance, including any penalties or fees that may apply.
- Merchandise Agreement: If the artist plans to sell merchandise at the venue, this document specifies the terms of sales, including any revenue sharing with the venue.
- Technical Rider: A detailed list of technical specifications required for the performance, including sound, lighting, and stage setup, ensuring the venue can meet the artist's needs.
- Mobile Home Bill of Sale: This essential document facilitates the transfer of ownership for mobile homes, ensuring all pertinent details, such as buyer and seller information along with the mobile home's description, are clearly outlined and legally recognized. For more information, visit the Mobile Home Bill of Sale.
- Indemnity Agreement: This document protects one party from legal liability caused by the actions of the other party during the performance, outlining the responsibilities and liabilities of each party.
These documents work together to create a comprehensive framework for the engagement, helping to prevent misunderstandings and ensuring a successful live performance experience for everyone involved.
Similar forms
The Live Performance Contract shares similarities with a Venue Rental Agreement. Both documents outline the responsibilities and expectations of the parties involved in a performance. In a Venue Rental Agreement, the venue owner specifies the terms under which a performer can use the space, including payment details, dates, and times. Similarly, the Live Performance Contract details the performance venue, times, and payment arrangements, ensuring that both the artist and hirer understand their obligations regarding the event.
Another related document is the Artist Management Agreement. This agreement governs the relationship between an artist and their manager, detailing how the manager will promote the artist and manage their bookings. Like the Live Performance Contract, it includes terms about payment, responsibilities, and the scope of services. Both documents aim to protect the interests of the artist while ensuring that all parties are clear about their roles and expectations.
A Booking Agreement is also quite similar, as it serves to confirm the details of a performance between an artist and a promoter or venue. It includes specifics such as the date, time, and location of the performance, as well as payment terms. The Live Performance Contract functions similarly by establishing a formal agreement that outlines the performance details, ensuring both parties are aligned on expectations and obligations.
The Performance Rider is another relevant document. This is often attached to performance contracts and specifies the artist's requirements for the show, such as technical needs, hospitality requests, and staging details. Like the Live Performance Contract, it ensures that both the artist's needs and the venue's capabilities are clearly understood, helping to avoid misunderstandings on performance day.
The Texas Mobile Home Bill of Sale serves as a vital document for those looking to transfer ownership of a mobile home, and it is crucial to understand the implications involved in this process. This legal form details the particulars necessary for a smooth transaction, protecting both the buyer and seller. It is essential to familiarize oneself with documents such as the Mobile Home Bill of Sale to avoid any potential disputes and ensure that all parties adhere to the agreed-upon terms, ultimately leading to a successful transfer of ownership.
A Talent Agreement is comparable as well, especially in the context of hiring performers for events. This type of agreement outlines the terms under which a performer will provide their services, including payment, performance details, and cancellation policies. The Live Performance Contract also addresses these aspects, ensuring that the hirer and artist have a mutual understanding of the engagement.
Additionally, a Sponsorship Agreement can reflect similar principles, particularly when a brand or company sponsors an event featuring live performances. This document outlines the terms of sponsorship, including financial commitments and promotional obligations. Like the Live Performance Contract, it aims to create a clear framework for collaboration between the parties involved.
A Service Agreement can also be compared to the Live Performance Contract. This document establishes the terms under which one party provides services to another, including payment, timelines, and deliverables. The Live Performance Contract similarly outlines the services provided by the artist, including performance details and payment structures, ensuring clarity and accountability.
Event Production Agreements also share common ground with the Live Performance Contract. These agreements define the roles and responsibilities of event producers, including logistics, technical requirements, and financial arrangements. The Live Performance Contract addresses many of these same elements, ensuring that all parties involved in the production of the event are on the same page regarding their obligations.
Finally, a Non-Disclosure Agreement (NDA) can be related in the context of protecting sensitive information shared between the artist and the hirer. While the Live Performance Contract may not explicitly include confidentiality clauses, both documents serve to protect the interests of the parties involved. An NDA ensures that proprietary information remains confidential, similar to how the Live Performance Contract safeguards the terms of the engagement.
Dos and Don'ts
When filling out the Live Performance Contract form, attention to detail is crucial. Here’s a list of things you should and shouldn't do to ensure a smooth process.
- Do read the entire contract carefully before filling it out.
- Do provide accurate and complete information for both the Hirer and the Artist.
- Do confirm the performance details, including date, time, and venue, to avoid any misunderstandings.
- Do ensure that all financial details, including payment amounts and deadlines, are clearly specified.
- Don't skip any sections or leave blanks; incomplete forms can lead to issues later.
- Don't forget to sign and date the contract to make it legally binding.
Key takeaways
Filling out and using the Live Performance Contract form requires careful attention to detail. Here are some key takeaways to keep in mind:
- Complete Information: Ensure that all sections of the contract are filled out completely, including names, addresses, and contact information for both the Hirer and the Artist. Missing information can lead to confusion later.
- Confirm Performance Details: Clearly specify the name of the act, the type of performance, and the number of musicians and crew involved. This sets clear expectations for both parties.
- Understand Cancellation Policies: Be aware that cancellations must be communicated in writing and within the specified time frame. Failure to do so may result in financial penalties.
- Payment Terms: Review the payment structure carefully. This includes understanding the deposit amount, final total, and any percentage of door takings. Payments should be made promptly as outlined in the contract.
- Travel and Accommodation Arrangements: Clarify who is responsible for travel, accommodation, and meal costs. This can significantly impact the overall budget and logistics.
- Merchandise Rights: The Artist has the right to sell merchandise during the performance. This should be discussed and agreed upon to avoid misunderstandings.
- Safety and Compliance: The Hirer is responsible for ensuring safe working conditions and compliance with legal requirements. This includes adequate staging and power supply for the performance.
- Dispute Resolution: Familiarize yourself with the dispute resolution process outlined in the contract. This can help prevent escalation and facilitate a smoother resolution if issues arise.
By keeping these takeaways in mind, both Hirers and Artists can ensure a successful and professional engagement.
How to Use Live Performance Contract
Filling out the Live Performance Contract form requires careful attention to detail. Each section must be completed accurately to ensure that both the Hirer and the Artist have a clear understanding of their obligations and expectations. Follow these steps to complete the form effectively.
- Enter the name of the Hirer, including any trading name and ABN, along with the full address, home/work phone, mobile, email, and fax number.
- Provide the name of the Artist or Band Leader, and complete their contact details in the same manner as the Hirer.
- State the name of the Act or Band in the section for "Appearing as."
- Describe the performance in the section for "To Perform."
- Indicate the number of musicians and crew involved in the performance.
- Fill in the venue name and full address where the performance will take place.
- Specify the date of the performance or list the dates in Schedule B if there are multiple performances.
- Indicate the performance times or the duration, including any breaks.
- Complete the travel arrangements section, either specifying a total travel payment or detailing the Hirer's responsibilities for transport, accommodation, and meals.
- Confirm the booking by signing and dating the contract. Ensure the Hirer's representative has the authority to enter into this agreement.
- Have the Artist sign and date the contract as well.
- Fill out Schedules A and B, listing the personnel comprising the band and the dates of performance, respectively.
- Include any special conditions or catering requests in the appropriate sections.