The Live Performance Contract form is a standardized document used to outline the agreement between musicians or bands and the individual or company hiring them for a live performance. This comprehensive form covers essential aspects such as performance details, venue, time, payment, travel arrangements, and conditions for cancellation or modification of the performance. It serves as a formal arrangement to ensure both parties understand their obligations and responsibilities for a successful live event.
Entering into a live performance contract is a crucial step for musicians and hirers alike, setting the stage for a successful event while safeguarding the interests of all involved parties. At its core, this document outlines the specifics of the engagement between the artist or band and the hirer, whether an individual or a company, specifying names, business details, and contact information to ensure clear communication. A pivotal aspect of the agreement is the commitment to engage the artist, detailing the act or band’s name, the performance description, and the logistics concerning the number of musicians and crew members involved. It further delineates the venue, performance dates and times, including provisions for residencies, underscoring the importance of defining the schedule upfront. Equally significant are the arrangements for travel, transport, and accommodation, which can be negotiated directly or managed by the artist, alongside the thoughtful inclusion of a clause for the confirmation of the performance to prevent any miscommunications. The contract addresses potential cancellations, stipulating the conditions under which they may occur and the financial implications, thereby protecting both parties from unforeseen circumstances. Payment terms, including deposits and final totals, are outlined with clarity, ensuring the artist’s financial security and detailing the process following the performance’s conclusion. Additionally, the contract touches on the critical issues of staging, power supply, merchandise sales, and insurance, providing a comprehensive framework that ensures a safe and professional environment for the live performance. The inclusion of an indemnity clause and dispute resolution process supports a mutual understanding and agreement on handling any disagreements, underpinning the contract with a foundation of fairness and respect. By addressing the myriad details encompassing a live performance, from artistic control to settling disputes, this standard contract for live performance by musicians offers a robust template that promotes transparency, responsibility, and mutual respect between hirers and artists.
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
PERFORMANCE VENUE AND TIMES If a residency (more than 1 booked gig) then list dates at Schedule B (reverse side)
2(a)
At ____________________________________________________________________________(venue and full address)
2(b)
On _______________________ (date) or as set out in Sch. B for performance from __________(time) to _________(time)
or for a period of _________________________(less breaks)
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,
personnel accommodation and meal costs, which will be arranged by the Artist. Travel total to be paid no later than 5pm
on __________________________(date)
3(b)
The Hirer will transport all equipment and provide travel, __________ night/s accommodation per person and _______
meals per person per day for personnel. Confirmation in writing of these arrangements and all tickets, accommodation and
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) ___________________________________
/
/ 20
by or on behalf of
PRINT NAME
SIGNATURE
DATE
(The signatory of the Hirer warrants that they have authority to enter this agreement on behalf of the Hirer)
SIGNED ____________________________________ (Artist) __________________________________
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
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 non-performance by the Hirer of the Hirers obligations or as a consequence of a disclaimer of this agreement by a liquidator or trustee of the hirer; and
as principal debtor agrees to pay to the Artist or personnel all monies payable by the Hirer under this agreement.
SIGNED by ....………………………………………… (Guarantor) ………………………………….. …. … ..
DATED
©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.
Filling out a Live Performance Contract requires attention to detail and a clear understanding of the commitments being made by both the artist and the hirer. This contract lays the groundwork for a professional relationship and a successful event. Knowing how to correctly complete this form ensures that both parties have a clear agreement in place, which details the performance specifics, payment arrangements, and obligations of each party. The following steps will guide you through filling out the form, ensuring that all necessary information is accurately recorded.
Once the form is fully completed, it's advisable for both parties to review the agreement in its entirety to ensure all information is correct and that there's a mutual understanding of the obligations and expectations. This final review helps to prevent misunderstandings and lays the foundation for a successful partnership and performance.
What is a Live Performance Contract?
A Live Performance Contract is a formal agreement between a person or company (referred to as the "Hirer") and musicians or bands (referred to as the "Artist") for the provision of live music services at specific events or venues. This written agreement outlines the details of the engagement, such as the performance dates, times, venue, payment details, and any other special requirements or conditions. The contract ensures that both parties understand and agree to their responsibilities, performance specifics, and the terms of payment and cancellation.
How does the payment process work according to the Live Performance Contract?
According to the contract, the Hirer agrees to pay the Artist a detailed final total, which may be a specified amount per performance or a percentage of the gross door takings. A deposit is usually required by a certain date prior to the performance. The remaining balance of the Final Total must be paid to the Artist within 15 minutes of the conclusion of their first performance. If the agreement is based on door takings, the payment must be made within 30 minutes of the conclusion of each performance. Unless specifically arranged otherwise under special conditions, these are the standard payment terms.
What are the provisions for cancellation of performance in the contract?
The contract specifies that a performance can only be cancelled if written notice is received by the other party at least 7, 14, 21, or 28 days before the scheduled performance date, with the appropriate time period being circled in the contract. The deposit and any travel costs incurred are not refundable in the event of a cancellation. If a performance is cancelled without appropriate notice, the full fee is payable immediately by the Hirer. The Artist may also cancel at any time without financial penalty if unable to perform due to reasons beyond their control, such as sickness, transport problems, or adverse weather conditions.
What responsibilities does the Hirer have in providing for the performance?
The Hirer is responsible for providing a venue with safe working conditions, adequate staging, protection from the elements, a safe power supply, and secure on-site parking for the Artist and their personnel. The Hirer must also comply with all statutory requirements, including obtaining any necessary permits, consents, and licenses for the performance. If any of the Artist’s equipment is damaged due to power supply issues, the Hirer is responsible for reimbursing the cost of repairs or replacements.
Can the Artist sell merchandise at the performance venue?
Yes, the Artist is granted the right to display and sell merchandise during the performance, as well as 30 minutes before and after the performance. The location for selling merchandise is to be mutually agreed upon, and the Artist is not required to pay any fees to the Hirer for merchandise sales. This allows the Artist an additional revenue stream while performing at the venue.
Not reviewing and understanding each clause thoroughly: Many individuals rush through the process, failing to comprehend the contractual obligations and rights fully. This oversight can lead to misunderstandings and disputes down the line.
Omitting details about the performance: It's crucial to specify the exact nature of the performance, including the act or band name, description of the performance, and the number of musicians and crew involved. Leaving these sections incomplete can cause confusion regarding the expectations of the engagement.
Failure to detail the performance venue and times accurately: Including comprehensive details of the venue, including the address and the specific dates and times of the performance, is essential. This information ensures that both parties are clear about when and where the performance will take place.
Ignoring travel, accommodation, and meal arrangements: Whether the hirer or the artist arranges and covers these costs, it should be clearly stated in the contract. Forgetting to address these logistics can lead to additional expenses and complications.
Neglecting to specify cancellation policies and penalties: A clear cancellation clause helps protect both parties. Without specifying the notice period and potential penalties, one may encounter challenges in enforcing any incurred costs due to cancellation.
Inaccurate or incomplete payment details: It is imperative to outline the payment structure clearly, including deposits, final totals, and percentages of door takings, if applicable. Ambiguities here can lead to financial disputes.
Not ensuring the contract is signed and dated by all parties: A contract is not legally binding unless it is properly executed. Skipping signatures or dates can invalidate the agreement.
Forgetting to include stage, sound, and lighting requirements: Failing to specify technical and staging needs may result in an inadequate performance setup, impacting the quality of the event.
Disregarding the need for a dispute resolution process: Without a predetermined method for resolving disputes, any disagreements could escalate, potentially leading to costly legal action.
Addressing these common mistakes when filling out a Live Performance Contract ensures that both the hirer and the artist are protected and have a clear understanding of their commitment. Ensuring each clause is correctly filled out and agreed upon can help prevent potential disputes and ensure a successful partnership.
Engaging artists for live performances encompasses more than just drafting a contract. It involves a series of other crucial documents and forms that ensure clarity, compliance, and the smooth execution of events. These ancillary documents cater to various aspects of the engagement, from technical specifications to hospitality requirements, thus ensuring both parties - the artists and the hirers - are well-informed and their needs adequately addressed. Below is a list of ten important forms and documents often used alongside the Live Performance Contract form.
Together with the Live Performance Contract, these documents create a comprehensive framework that addresses the myriad details involved in planning and executing live performances. They ensure that both artists and hirers have a clear, shared understanding of expectations, duties, and requirements, contributing to successful events that delight audiences and are fulfilling for performers. Proper preparation, facilitated by these essential forms and documents, lays the groundwork for memorable musical experiences.
The Freelance Artist Agreement is closely related to the Live Performance Contract. Both documents detail the terms under which creative services will be provided, with the Freelance Artist Agreement often encompassing a broader range of creative works beyond live performances. These agreements structure the relationship between the artist and the hiring party, covering aspects such as the scope of the work, payment terms, and the rights and obligations of each party. They ensure that the artist's work and the compensation are clearly defined, much like the Live Performance Contract outlines specific details for a music-related engagement.
The Event Management Contract resembles the Live Performance Contract, primarily because both serve to outline the specifics of an event-related service. The Event Management Contract is used when an individual or company is hired to oversee and organize an event's logistics, similar to how the Live Performance Contract secures a musician's or band's services for an event. Key elements such as dates, locations, services provided, and payment terms are detailed in both contracts to ensure a mutual understanding and smooth execution of the event.
A Talent Booking Agreement mirrors the Live Performance Contract in its function of formalizing the arrangement between talent, such as musicians, comedians, or speakers, and the party hiring them for a performance or appearance. This agreement specifies the terms of the engagement, including performance specifics, compensation, travel arrangements, and technical requirements. It differs slightly in scope, as it can apply to a broader array of talents and performance types, but its core purpose aligns closely with that of securing live performances by musicians.
The Venue Hire Agreement shares similarities with the Live Performance Contract, as it pertains to the rental of a space for the purpose of hosting an event, which might include live performances. This agreement between the venue owner and the event organizer covers aspects such as rental fee, usage times, facilities provided, and responsibilities of each party to ensure the venue is suitable for the performance. Although it focuses on the use of a physical space, the success of events covered by both contracts often depends on the detailed planning and clear terms outlined in these agreements.
The Sponsorship Agreement, while having a different primary focus from the Live Performance Contract, which is the performance aspect, still shares the notion of mutual benefit found in the latter. This agreement outlines the support a sponsor will provide for an event, artist, or performance, often in the form of funding, products, or services, in exchange for advertising or promotion. Both agreements pave the way for professional relationships and collaborations, aiming to ensure benefits and responsibilities are clear to all involved parties.
The Artist Endorsement Agreement is another type of agreement that relates closely to aspects covered in the Live Performance Contract. This agreement involves an artist or band promoting a product or brand, sometimes in the context of their performances. It outlines terms such as the scope of the endorsement, compensation, and how the artist's image or music will be used in association with the product or brand. While focusing more on commercial promotion rather than the specifics of a performance, it embodies the partnership between artists and companies within the live performance and entertainment industries.
When filling out a Live Performance Contract form, there are several important dos and don'ts to keep in mind to ensure a smooth agreement process between the hirer and the artist. Following these guidelines can prevent misunderstandings and legal issues down the line. Here are seven key points to consider:
Taking the time to carefully fill out the Live Performance Contract form can pave the way for a successful and mutually beneficial relationship between the hirer and the artist. Ensure all involved parties fully understand and agree with the contract terms before proceeding.
There are several common misconceptions about the Live Performance Contract form that should be clarified to ensure both the artist and the hirer have a clear understanding of their rights and responsibilities. Here are eight important points often misunderstood:
Clear communication and a well-drafted contract can help prevent these misconceptions and ensure a successful partnership between the artist and the hirer.
Understanding the Live Performance Contract form is crucial for both musicians and hiring parties. Here are key takeaways to guide you through the process:
Overall, the Live Performance Contract form serves as a comprehensive framework that safeguards the interests of both the artist and the hirer, ensuring a clear understanding of all elements involved in staging a live performance.
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