The Live Performance Contract form is an essential agreement between a performer, such as a musician or band, and the hirer, who could be an individual or a company, outlining the terms of a live performance engagement. This comprehensive document covers various aspects, including performance details, venue, payment terms, and conditions relating to cancellations and obligations of both parties. To ensure your performance arrangements are clear and professionally managed, filling out the Live Performance Contract form is a critical step. Click the button below to start creating your contract.
When musicians and artists plan to perform live, a well-structured contractual agreement with the hirer—be it a person or a company—is crucial to ensure clarity, mutual understanding, and smooth execution of the event. The Live Performance Contract form presents a comprehensive outline that includes critical details such as the identities of the hirer and the artist or band leader, terms of engagement, performance specifics, venue details, and schedules for appearances. It incorporates extensive clauses covering aspects like travel arrangements, accommodation, meals, payment terms, cancellation policies, and responsibilities related to the setup and execution of the performance. The agreement also addresses legal and safety requirements, such as indemnity, dispute resolution, and insurance needs, to protect both parties' interests and ensure compliance with applicable laws. Additionally, by clearly stating the expectations regarding artistic control, merchandise sales, and post-performance engagement, this contract aims to prevent misunderstandings and disputes, creating a professional and respectful working relationship between artists and hirers. Notably, the emphasis on details--from the provision of a point of contact to the specification of power supply needs and staging conditions--underscores the contract's role in fostering a successful collaboration geared towards delivering an optimal performance experience.
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.
When preparing for a live performance, entering into a contract is a crucial step to ensure clarity and agreement between the artist or band and the hiring entity. This document establishes the expectations, responsibilities, and specifics of the performance, including payment, venue details, and conditions for cancellation. Following the right steps can help avoid misunderstandings and ensure a smooth cooperation. Here's a straightforward guide to filling out a Live Performance Contract form.
By carefully completing each step, both the hiring party and the performing artist or band can enter into their agreement with confidence, with all pertinent details addressed. This preparation helps pave the way for a successful event and professional relationship.
A Live Performance Contract is a formal agreement between an artist or band and the individual or company hiring them for a performance. It outlines the terms of engagement, including performance details, payment, responsibilities of each party, and other logistical arrangements.
The "Hirer" refers to the individual or entity that engages the services of the artist or band for a live performance. This could be a venue owner, event organizer, company, or any party seeking to hire live musical talent.
The contract provides two options for covering travel, accommodation, and meal expenses for the artist and crew. The Hirer can either pay a lump sum to cover all costs, which the artist will arrange, or directly manage and provide for transport, accommodation, and meals as detailed in the agreement.
A performance booking is confirmed only upon receipt of the signed contract by the artist. The Hirer is required to return the signed contract at least 7 days before the performance to solidify the agreement.
A performance can be cancelled by either party provided written notice is given within the specified cancellation period, which can be 7, 14, 21, or 28 days before the performance. The deposit and any incurred travel costs are non-refundable in case of cancellation.
Payment to the artist can be a fixed amount per performance, a deposit followed by a final payment, or a percentage of the gross door takings. Unless otherwise specified, the balance is due within 15 minutes of the first performance's conclusion, and for door takings, within 30 minutes of each performance’s conclusion.
The Hirer is accountable for providing the artist and personnel with access for setup, ensuring safe working conditions, and complying with statutory requirements, including adequate power supply, staging, and parking.
The artist retains the right to sell merchandise at the venue before, during, and after the performance without any financial obligation to the Hirer.
When filling out a Live Performance Contract form, meticulous attention to detail is necessary to ensure both parties are protected and mutually agreeable terms are set. Unfortunately, common mistakes can lead to misunderstandings or legal disputes. Here are nine frequently encountered errors:
Not correctly identifying the parties involved: This includes failing to use full legal names and business identifiers, such as the Australian Business Number (ABN) for the Hirer and properly identifying the Artist or Band Leader.
Incomplete or inaccurate venue information: It's crucial to provide the complete address and specific details of the performance venue to avoid any confusion.
Omitting details about the performance: Neglecting to thoroughly describe the performance act, including the number of musicians and crew, can lead to misaligned expectations.
Unclear financial arrangements: This encompasses not clearly listing the payment amount, deposit details, and cancellation fee policy, which may result in financial disputes.
Insufficient details on travel and accommodation arrangements: Failing to specify who is responsible for these costs and arrangements can lead to misunderstandings and unforeseen expenses.
Lack of specifics on technical and logistical requirements: Not detailing the power supply, stage setup, sound check times, and equipment needs can impact the quality and feasibility of the performance.
Inadequate attention to merchandising rights: Forgetting to specify conditions under which merchandise may be sold can lead to lost revenue opportunities for the Artist.
Not setting out clear terms for cancellation: Failing to decide and document the notice period for cancellation and the financial implications thereof leaves both parties vulnerable.
Leaving the special conditions section blank: Not using this section to detail rider requests, specific legal needs, or unique performance aspects misses an opportunity to address important requirements and prevent disputes.
Correctly and comprehensively completing a Live Performance Contract is vital for the success of the event and the professional relationship between the Hirer and the Artist. As such, both parties should review all details carefully and seek clarification or legal advice where necessary before signing the contract.
When organizing a live performance, it's essential to ensure all details are meticulously planned and agreed upon by all parties involved. A Live Performance Contract form is a crucial document that outlines the terms and conditions between the hirer and the artist or band. However, to ensure a smooth, successful event, several other forms and documents are commonly used alongside the Live Performance Contract. Each of these plays a vital role in addressing different aspects of the performance and legal agreements.
Together, these documents complement the Live Performance Contract, providing a comprehensive framework that addresses all aspects of the performance, from technical requirements to logistics and financial agreements. By having these forms and documents in order, artists, bands, and hirers can look forward to a successful event that is well-planned and free from misunderstandings or disputes.
The Live Performance Contract form encompasses essential provisions tailored for the engagement of musicians, underlining the specifics of the performance, payment terms, and other logistical and legal considerations. Similarly, various contract forms cater to distinct industries or services, yet share foundational structural elements with the Live Performance Contract. Among these, ten noteworthy documents reflect parallels in purpose, structure, and content:
Each of these documents, while catering to specific types of engagements or services, shares common goals with the Live Performance Contract: delineating the scope of work, establishing financial terms, and outlining the responsibilities and rights of all involved parties. By setting clear expectations and legal safeguards, they facilitate successful and mutually beneficial professional relationships.
When filling out a Live Performance Contract form, it's important to approach the task with care and attention to detail. Ensuring that the agreement is clear and comprehensive can help avoid misunderstandings and disputes down the line. Below are five things you should do, followed by five things you shouldn't do while completing this form.
Things you should do:
Review the entire form before starting to fill it out, to understand all required information and any conditions that apply.
Clearly print or type all details to avoid any misinterpretation of the information provided, especially for essential elements like names, addresses, and contact information.
Verify that all the terms, such as performance dates, times, financial arrangements, and cancellation policies, are correctly listed and align with any verbal agreements made.
Ensure that any special conditions or additional agreements beyond the standard contract terms are indicated in the ‘Special Conditions’ section, to ensure all parties’ expectations are legally documented.
Keep a signed copy of the contract for your records, immediately after both parties have signed it, to ensure that there is tangible evidence of the agreement and its specifics.
Things you shouldn't do:
Don’t leave any fields blank that are applicable to your agreement. If a certain section does not apply, consider writing 'N/A' (not applicable) to indicate that it has been reviewed but is not relevant.
Avoid using vague language in the description of the performance, number of musicians and crew, or any other sections requiring specific information. Ambiguity can lead to disputes and misunderstanding.
Refrain from signing the contract before thoroughly reviewing all the details entered and ensuring they are accurate and complete. Adjustments are more challenging to make after signatures have been added.
Do not rely solely on verbal agreements or assume that they will be honored. Ensure that every agreement related to the live performance is documented in the contract.
Resist the urge to bypass discussing and clarifying any points in the contract that are unclear or seem to be unfair. It’s important for both parties to have a mutual understanding and agreement on all terms.
Many individuals engaged in the music and event industries often deal with Live Performance Contracts, but there are several misconceptions that can create confusion and potentially lead to complications down the line. Understanding these misconceptions is vital for both artists and hirers to ensure smooth, successful event execution.
Misconception 1: The Live Performance Contract is only beneficial for the artist.
This is not true. A well-structured contract safeguards the interests of both the hirer and the artist. It outlines the obligations, expectations, and compensation, which helps in preventing misunderstandings and disputes.
Misconception 2: Standard contracts are rigid and cannot be modified.
Contrary to this belief, standard contracts like the Live Performance Contract are starting points. Parties are encouraged to discuss and amend terms as necessary to suit their specific needs, ensuring mutual satisfaction.
Misconception 3: A verbal agreement is as good as a written contract.
While verbal agreements can be legally binding, they are difficult to prove and enforce. A written and signed contract is much more reliable, providing a clear record of what was agreed upon.
Misconception 4: The contract only covers performance details.
Actually, the contract covers a wide range of details beyond just the performance. It includes provisions for travel, accommodation, meals, payment terms, cancellation policies, and more, offering comprehensive coverage of the engagement.
Misconception 5: Cancellation terms are optional.
Cancellation terms are a critical component of the contract. They protect both parties in case the event cannot proceed as planned, outlining the notice period and financial implications of cancellations.
Misconception 6: Signing the contract locks in all details, leaving no room for adjustments.
While the contract solidifies the agreement, it can include provisions that allow for certain details to be adjusted, such as performance time or specific technical requirements, as long as both parties agree to the changes.
Misconception 7: Payment details are secondary to performance details.
Payment terms are equally as important as performance specifics. The contract must clearly spell out how and when the artist will be paid to prevent any disputes or misunderstandings regarding compensation.
Misconception 8: The contract is only necessary for large events or well-known artists.
No matter the size of the event or the fame of the artist, a contract is crucial. It ensures clarity and fairness, providing security and peace of mind for both small gigs and large concerts alike.
Misconception 9: Once signed, the contract cannot be terminated except in cases of cancellation by the party.
The contract should include terms for termination beyond cancellation, such as breach of contract or unforeseen circumstances, offering a clear exit strategy for both parties if necessary.
Understanding these common misconceptions about Live Performance Contracts can greatly assist artists and hirers in creating fair, transparent agreements that support a positive working relationship and successful events.
When navigating the intricacies of live performance arrangements, understanding the dynamics of the Live Performance Contract is pivotal. This contract serves not just as a formal agreement but as a blueprint ensuring both parties—artists and hirers—have a clear, mutual understanding of the expectations and obligations involved in the engagement. Here are key takeaways to keep in mind:
Familiarity with the Live Performance Contract not only empowers artists but also equips hirers with the knowledge needed to facilitate smooth, successful events. Such understanding ensures that live performances are not just about the act itself but also about creating an environment where artistry thrives within the framework of professionalism and mutual respect.
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