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When engaging a live performance, it's essential to have a clear and comprehensive contract in place. The Live Performance Contract form outlines key responsibilities and expectations for both the Hirer and the Artist. This agreement includes vital information such as the identities of the parties involved, performance details, and compensation arrangements. It also specifies performance venue and timings, travel arrangements, and cancellation policies. To ensure a successful engagement, the contract emphasizes confirmation requirements, payment conditions, and obligations each party must fulfill. The Artist's artistic control, insurance responsibilities, and indemnity provisions are also addressed. With all these elements combined, the form serves as a crucial tool to foster understanding and protect the interests of both parties involved in the live performance. Whether you are a musician or a Hirer, having this contract is a vital step in ensuring a professional and memorable event.

Live Performance Contract Example

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) ___________________________________

/

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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) __________________________________

/

/ 20

by or on behalf of

PRINT NAME

SIGNATURE

DATE

 

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 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) ………………………………….. …. … ..

/

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PRINT NAME

SIGNATURE

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.

Form Characteristics

Fact Name Details
Purpose The Live Performance Contract outlines the agreement between the Hirer and the Artist for live performances.
Engagement Details The contract specifies the name of the act, the description of the performance, and the number of musicians involved.
Performance Venue The Hirer must provide the venue's address and the performance date and time.
Travel Arrangements The Hirer may be responsible for travel costs, accommodation, and meal arrangements for the Artist and personnel.
Cancellation Policy The contract requires written notice for cancellation, with specific timeframes (7, 14, 21, or 28 days) to avoid fees.
Payment Terms A deposit is required, along with the final payment to be made shortly after the performance, depending on the agreement's specifics.
Governing Law The contract is governed by the laws of Western Australia.
Indemnity Clause The Hirer agrees to indemnify the Artist against any claims arising from the performance or its cancellation.

Guidelines on Utilizing Live Performance Contract

Completing the Live Performance Contract form is a straightforward process. By following the steps below, you'll ensure that all necessary information is provided and your agreement is clear. This will help both the Hirer and the Artist understand their responsibilities and the terms of the engagement.

  1. Fill in the Hirer’s Information: Write the name or company name of the Hirer. Include the business name and ABN. Provide the full address, home/work phone, mobile number, email, and fax number.
  2. Enter the Artist/Band Leader’s Information: List the name of the Artist or Band Leader. If there are multiple artists, specify the Band Leader who acts as the agent. Include their address, home/work phone, mobile number, email, and fax number.
  3. Engagement Details: Specify the name of the Act or Band, and a description of the performance. Indicate the number of musicians and crew participating.
  4. Performance Venue and Times: Enter the venue's name and complete address. Include the performance date. If applicable, provide details of a residency in Schedule B. Specify the start and end times of the performance.
  5. Travel and Accommodation Information: Indicate whether the Hirer will pay for travel and accommodation costs or provide necessary arrangements. If applicable, specify the travel total or arrangements for accommodation and meals.
  6. Confirmation of Performance: Confirm the booking by returning a signed copy of the contract at least seven days before performance. Acknowledge that cancellation policy information is reviewed.
  7. Payment Details: Clearly state the final total payment, the deposit amount with the due date, and any percentage of gross door takings, if applicable.
  8. Signing the Agreement: Have both the Hirer and the Artist sign and date the form. Ensure names are printed below signatures.
  9. Complete Schedules A and B: List all personnel comprising the band in Schedule A. In Schedule B, list the performance dates if there are multiple engagements.
  10. Review Any Special Conditions: If there are any conditions needing to be met, clearly write them down in the Special Conditions section.

What You Should Know About This Form

What is the purpose of the Live Performance Contract form?

The Live Performance Contract form serves as a legally binding agreement between the Hirer and the Artist or Band Leader. Its primary aim is to outline the terms and conditions regarding live performances, ensuring both parties understand their responsibilities and expectations.

What information is required from the Hirer?

The Hirer must provide their name (either an individual or company), trading name (if applicable), and contact details, such as address, phone numbers, email, and fax. This information helps establish the identity of the Hirer and facilitates communication.

What details must be included about the performance?

Details about the performance must include the name of the act or band, a description of the performance, and the number of musicians or crew involved. Additionally, the contract should specify the venue, performance dates, and times.

How are travel costs handled in the contract?

The live performance contract includes provisions for travel costs, accommodations, and meals for the Artist and their personnel. The Hirer can either pay a total amount for travel expenses or arrange transportation, lodging, and meals. Written confirmation of these arrangements is required.

What happens if the performance needs to be canceled?

Cancellations must be communicated in writing. The notice period required varies based on the contract stipulations—options include 7, 14, 21, or 28 days before the performance. If cancellation occurs without proper notice, the Hirer must still pay the full amount agreed upon for the performance.

When and how should payment be made?

Payment is due within 15 minutes after the first performance unless otherwise stated in the contract. If the payment is based on a percentage of door takings, it should be made within 30 minutes after each performance concludes. A deposit is also required by a specified date prior to the performance.

What are the responsibilities of the Hirer regarding the venue?

The Hirer is responsible for providing suitable working conditions, ensuring that all equipment is in good order, and adhering to statutory requirements. This includes offering secure parking and adequate power supplies for the Artist and their crew.

What are the Artist’s rights in terms of merchandise?

The Artist is allowed to display and sell merchandise during the performance, as well as for at least 30 minutes before and after the show. This right is granted without any payment obligation to the Hirer.

How is responsibility for insurance handled in the contract?

The Hirer must maintain several insurance policies, including public liability insurance and workers' compensation. These policies protect both the Hirer and the Artist, helping to cover any potential claims arising from the performance.

Common mistakes

Filling out a Live Performance Contract form can be a daunting task. There are multiple sections requiring careful attention, and mistakes can lead to misunderstandings or complications down the road. One common mistake is failing to provide complete contact information for both the Hirer and the Artist or Band Leader. If any of these details are missing, it can make communication difficult and hinder the confirmation process.

Another frequent oversight involves neglecting to record specific performance details. When engaging an Artist, it’s crucial to clearly outline the name of the Act and describe the performance accurately. Vague descriptions can lead to disagreements about expectations and ultimately impact the success of the event.

Many people forget to confirm arrangements regarding travel, transportation, meals, and accommodation. This section must be filled out thoughtfully. If the Hirer takes responsibility for these arrangements, they must specify the number of nights of accommodation and the meal provisions clearly. Omitting this information can result in miscommunications or unexpected expenses, which may lead to tension during the performance.

A significant mistake often made is not confirming the performance booking by returning a signed contract on time. The contract is not binding until it is signed and returned by the Hirer. Delaying this process or failing to sign can jeopardize the performance date, leading to potential scheduling conflicts.

Another error pertains to the cancellation policy. Some individuals may overlook the importance of understanding the specified cancellation period and the conditions under which a performance can be cancelled. Not adhering to these stipulations may lead to financial penalties, such as losing a deposit or incurring additional costs.

Payment terms are another area where mistakes occur. A clear understanding of the Final Total and when payments are due is essential. It's vital to complete the payment section accurately, including any potential deposits or percentages of gross door takings. Misunderstanding these financial obligations can cause stress and financial discrepancies after the performance.

Finally, neglecting to review the contract for any special conditions agreed upon can lead to misunderstandings. If specific requests or arrangements have been made, it’s essential to document them appropriately. Failure to do so may result in unmet expectations, which can affect both the Artist and the Hirer.

Documents used along the form

When engaging in a live performance, several additional forms and documents can complement the Live Performance Contract. These documents help clarify expectations, ensure legal protections, and streamline administrative processes. Below is a list of common forms used in conjunction with the Live Performance Contract.

  • Performance Rider: This document outlines the specific requirements of the artist, including technical needs, hospitality requests, and performance conditions. It ensures that all parties are aware of the expectations for the artist's comfort and performance.
  • Technical Rider: A detailed list of equipment and technical specifications needed for the performance. This includes sound, lighting, and staging requirements to ensure the artist’s performance meets professional standards.
  • Insurance Certificate: A document proving that the Hirer has acquired the necessary insurance coverage, such as public liability insurance, to protect against potential liabilities during the performance.
  • Payment Agreement: An outline of the payment terms, including deposit amounts, payment methods, and deadlines. This document clarifies financial responsibilities and helps avoid misunderstandings.
  • Cancellation Policy: A separate document detailing the terms under which a performance can be canceled, including notice periods and any associated fees. This ensures all parties understand the consequences of cancellation.
  • Artist Biography: A brief document featuring the artist’s background, achievements, and influences. This biography is often used for promotional purposes and can help the Hirer in marketing the event.
  • Merchandise Agreement: A document outlining the terms under which the artist can sell merchandise at the venue. It clarifies revenue-sharing arrangements and any logistical support needed from the Hirer.
  • Dispute Resolution Form: A procedure for handling disputes should they arise between the Hirer and the artist. This may include steps for mediation or arbitration before legal actions are considered.

Each of these documents plays a vital role in facilitating a successful engagement. They not only help prevent miscommunication but also establish clear guidelines that both the artist and Hirer must follow. Proper use of these forms can lead to a smoother performance experience for everyone involved.

Similar forms

  • Employment Agreement: Similar to a live performance contract, an employment agreement outlines the terms of engagement for an individual or group. It specifies responsibilities, compensation, and conditions under which the employment can be terminated. Both documents emphasize the importance of written confirmation to solidify the agreement.
  • Venue Rental Agreement: A venue rental agreement shares similarities with a live performance contract in that it details the terms for using a space for events. Each specifies the time, fees, and any obligations regarding setup and equipment. These documents are critical for ensuring both parties understand their respective responsibilities.
  • Service Agreement: Like a live performance contract, a service agreement comprehensively defines the services provided and the compensation for those services. Each type of contract outlines important clauses regarding payment, cancellation, and other operational conditions that protect both parties’ interests.
  • Collaboration Agreement: When artists collaborate, a collaboration agreement becomes essential. This document is akin to a live performance contract in detailing each party's contribution and rights concerning the resulting work. Both documents focus on establishing clear expectations and responsibilities for the involved parties.
  • Event Planning Contract: An event planning contract, like a live performance contract, contains provisions for services rendered for an event. It includes details about logistics, payment terms, and cancellation policies, creating a roadmap for the event's execution.
  • Licensing Agreement: This document is similar because it grants permission to use specific rights under agreed terms, often related to artistic works. Both the licensing agreement and the live performance contract include conditions on how and when work can be used or performed, laying out clear terms to avoid misunderstandings.
  • Merchandising Agreement: Much like a live performance contract, a merchandising agreement outlines rights and responsibilities related to selling products derived from artistic work. Each document emphasizes the importance of detailing financial arrangements and obligations concerning the use of the brand or performance.
  • Non-Disclosure Agreement (NDA): Although primarily focused on confidentiality, an NDA is similar to a live performance contract in terms of delineating obligations and expectations among the parties. Both documents aim to protect sensitive information and establish terms that require mutual trust.
  • Production Agreement: In the entertainment industry, a production agreement is similar to a live performance contract as it governs terms for producing a live show. It includes participants, payment, rights, and other essential commitments, ensuring all parties are in alignment regarding production details.

Dos and Don'ts

When filling out the Live Performance Contract form, there are important dos and don'ts to ensure everything is completed correctly. Here are five guidelines to keep in mind:

  • Do fill in all required information clearly. Make sure the names, addresses, and contact details of both the Hirer and the Artist/Band Leader are accurate.
  • Do review the performance details thoroughly. Double-check the date, time, and venue to avoid any confusion later on.
  • Do clarify payment terms. Specify the amounts for the Final Total, deposit, and any percentages of door takings clearly to eliminate misunderstandings.
  • Don't sign the contract until all parties agree on its terms. Ensure every detail from performance conditions to cancellation policies is acceptable.
  • Don't leave sections blank or incomplete. Any missing information could lead to disputes or delays, so fill out every applicable part of the form.

Misconceptions

Misperceptions about the Live Performance Contract

  1. It's only for large performers. Many people believe the contract is only necessary for big-name artists. In truth, any performer, regardless of their size, can benefit from having a clear contract.
  2. Verbal agreements are sufficient. Some think that an agreement made through conversation is enough. Written contracts are essential for clarity and protection, offering a reliable reference if disputes arise.
  3. Cancellation policies are flexible. Many assume they can cancel with little consequence. However, the contract specifies strict cancellation terms that must be followed to avoid financial penalties.
  4. Costs cover everything automatically. There’s a common belief that the final payment covers all expenses. In reality, specific provisions outline responsibilities for travel, accommodation, and meals.
  5. The artist has no control over the performance. Some think that once booked, the artist has no say. However, the artist retains control over the artistic integrity and content of their performance.
  6. Liabilities are shared equally. Many believe that both parties share liabilities equally. In fact, the contract clearly delineates responsibilities, placing certain liabilities primarily on the hirer.
  7. Insurance isn’t necessary for small gigs. A misconception exists that insurance is only for large events. Even small performances require adequate insurance to protect against potential claims and damages.
  8. Payment terms are negotiable after signing. It's often thought that payment terms can be altered at any time. However, the contract sets out specific terms that are binding once signed.
  9. Merchandise sales are always allowed without agreement. Some assume they can sell products without permission. The contract specifies that artists have designated rights to sell merchandise, ensuring mutual agreement.
  10. All disputes must be settled in court. There’s a belief that legal action is the only way to resolve disputes. The contract encourages negotiation before resorting to court, promoting amicable solutions.

Key takeaways

Filling out and using the Live Performance Contract form is a crucial step in ensuring a smooth and professional engagement between the hirer and the artist. Here are several key takeaways to keep in mind:

  • The contract should clearly state the names and details of both the hirer and the artist, including contact information.
  • Specify the performance details, including the name of the act, the description of the performance, and the number of musicians and crew involved.
  • Ensure that the venue and performance times are accurately documented. If there are multiple performances, make use of the additional schedule areas to list them.
  • It’s essential to establish travel arrangements upfront, including costs for transportation, accommodation, and meals, to avoid any misunderstandings later on.
  • Confirm the performance by signing and returning the contract at least seven days prior to the event. A booking isn’t officially confirmed until this step is completed.
  • Be aware of the cancellation policy, which requires written notice. Missing the specified timeline can lead to full payment obligations.
  • Payment terms must be clear, including the total payment, deposit required, and timelines for payment after performances to ensure all parties are aligned.

Following these guidelines helps protect both the hirer and the artist, fostering a professional and enjoyable collaboration. Remember, clear communication and mutual understanding are key components of a successful contract.