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The Live Performance Contract is a vital tool for ensuring clarity and mutual understanding between artists and those who hire them, whether they are individuals or companies. This form outlines essential details, including the names and contact information of both the hirer and the artist, establishing a clear line of communication. It specifies the nature of the performance, including the name of the act and a description of what the audience can expect. Additionally, the contract addresses logistical aspects such as the performance venue, dates, and times, ensuring that both parties are aligned on expectations. Travel arrangements, including transport, accommodation, and meal provisions, are also clearly delineated, preventing misunderstandings that could arise later. Furthermore, the contract sets forth terms regarding payment, including deposits and percentages of door takings, and outlines the procedures for confirming the performance and handling cancellations. By incorporating sections on artistic control, insurance requirements, and dispute resolution, the Live Performance Contract serves as a comprehensive guide to protect the interests of both the artist and the hirer, fostering a professional environment where creativity can thrive.
Dos and Don'ts
When filling out the Live Performance Contract form, attention to detail is crucial. Here are ten things to keep in mind:
- Do ensure that all names are spelled correctly, including the Hirer and Artist/Band Leader.
- Do provide accurate contact information, including phone numbers and email addresses.
- Do clearly specify the performance details, including the name of the act and a description of the performance.
- Do list all personnel involved in the performance in Schedule A to avoid confusion.
- Do confirm the venue and performance times, ensuring they match the agreement.
- Don't forget to sign and date the contract before sending it back to the Artist.
- Don't leave any sections blank; fill out all required fields to prevent delays.
- Don't overlook the cancellation policy; be aware of the required notice period.
- Don't assume that verbal agreements are sufficient; everything should be documented in the contract.
- Don't ignore the payment terms; ensure clarity on the total amount due and payment timelines.
Document Attributes
| Fact Name | Details |
|---|---|
| Contract Purpose | This contract is designed for engaging musicians for live performances. |
| Hirer Information | The Hirer must provide their name, business name, address, and contact details. |
| Artist Engagement | The Hirer agrees to engage the Artist to perform as specified in the contract. |
| Performance Details | Specifics about the performance, including venue, date, and time, must be included. |
| Cancellation Policy | The performance can only be canceled with written notice, at least 7 to 28 days in advance. |
| Governing Law | This contract is governed by the laws of the State of Western Australia (WA). |
Key takeaways
Filling out and using the Live Performance Contract form requires attention to detail and understanding of key elements. Here are some important takeaways:
- The contract must clearly identify both the Hirer and the Artist or Band Leader, including contact information.
- Specify the name of the act and provide a detailed description of the performance to avoid misunderstandings.
- List the number of musicians and crew involved in the performance, as this affects logistics and payment.
- Clearly outline the performance venue and times, including any residency dates if applicable.
- Travel arrangements, including transport, accommodation, and meals, should be explicitly stated to prevent disputes.
- Confirm the performance by returning a signed copy of the contract at least seven days before the scheduled date.
- Understand the cancellation policy, including notice periods and the implications of cancellation on deposits and costs.
- Payment terms must be clear, including the final total, deposit amounts, and any percentage of door takings.
- Ensure that the Hirer provides safe working conditions, including power supply and necessary permits for the performance.
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Example - 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 |
|
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 |
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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) |
|
|
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SIGNED ____________________________________ (Artist) __________________________________ |
/ |
/ 20 |
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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
as principal debtor agrees to pay to the Artist or personnel all monies payable by the Hirer under this agreement.
SIGNED by ....………………………………………… (Guarantor) ………………………………….. …. … .. |
/ |
/ 20 |
|
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.
Detailed Instructions for Writing Live Performance Contract
Completing the Live Performance Contract form is essential for ensuring that both the hirer and the artist have a clear understanding of their obligations and expectations. Follow these steps carefully to fill out the form accurately.
- Enter the Hirer information: Write the name of the person or company, the business name, and the ABN.
- Provide the Hirer address and contact details: Include home or work phone, mobile number, email, and fax number.
- Fill in the Artist/Band Leader details: Write the name and address, along with the contact information similar to the Hirer.
- Specify the Artist engagement details: Include the name of the act or band, a description of the performance, and the number of musicians and crew.
- Detail the performance venue and times: Write the venue name and full address, along with the performance date and time or list dates if it’s a residency.
- Complete the travel arrangements: Choose either to pay a total travel fee or to outline the Hirer’s responsibilities for transportation, accommodation, and meals.
- Confirm the performance booking: Acknowledge that the booking is confirmed only upon receipt of the signed contract.
- Fill in the cancellation policy: Circle the appropriate cancellation notice period and note that deposits and travel costs are non-refundable.
- Specify the payment details: Write the final total, deposit amount, and any percentage of door takings if applicable.
- Sign the contract: Both the Hirer and the Artist must sign and date the contract to confirm their agreement.
- Complete any special conditions or additional notes: Use the space provided for any specific requests or agreements.
- Fill out Schedules A and B: List the personnel comprising the band and the performance dates as required.
Documents used along the form
The Live Performance Contract is a crucial document for securing engagements between artists and hirers. However, several other forms and documents complement this contract, ensuring clarity and mutual understanding of the terms involved. Below is a list of these essential documents.
- Schedule A: This document lists the personnel involved in the performance, including the band members and crew. It ensures that all parties are aware of who will be present during the engagement.
- Schedule B: This schedule outlines the specific dates and times of the performances. It provides a clear timeline for both the hirer and the artist, ensuring everyone is on the same page.
- Rider: A rider specifies the additional requirements of the artist, such as technical needs, hospitality requests, and equipment specifications. It helps ensure the artist's comfort and performance quality.
- Cancellation Notice: This document formalizes the process for canceling a performance. It outlines the required notice period and any potential financial implications for both parties.
- Payment Schedule: This form details the payment terms, including deposit amounts, final payment timelines, and any percentages of door sales. It clarifies the financial obligations of the hirer.
- Insurance Certificates: Proof of insurance coverage is often required. This document demonstrates that the hirer has adequate liability and property insurance to cover any potential incidents during the event.
- Child Support Texas Form: This legal document outlines a parent's financial responsibilities for their children, detailing payment amounts and conditions for termination. For more information, refer to Texas Forms Online.
- Indemnity Agreement: This agreement protects the artist from claims arising from the performance. It outlines the responsibilities of the hirer in case of any damages or legal issues.
These documents work together with the Live Performance Contract to create a comprehensive framework for the engagement. Each form serves a specific purpose, enhancing communication and reducing the risk of misunderstandings between the artist and the hirer.