The Live Performance Contract form is a document that outlines the agreement between a hirer and an artist or band leader for live performances. It details essential information such as performance dates, venue, payment terms, and cancellation policies, ensuring that both parties understand their rights and responsibilities. By using this form, you can facilitate a smooth engagement experience for everyone involved.
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The Live Performance Contract form serves as a crucial document to establish a clear agreement between artists or bands and those hiring them, typically referred to as the Hirer. This contract covers essential aspects such as the performance details, including the name of the act, the description of the performance, and the number of personnel involved. It outlines the venue, performance times, and any additional arrangements necessary for travel, accommodation, and meals. This ensures that all parties are on the same page regarding logistics before the performance day. Another critical component of the contract is the cancellation policy, which specifies the notice required and the non-refundable nature of deposits and incurred travel costs. Payment terms are also clearly defined, detailing the final total, any deposits needed by specific deadlines, and how payments will be processed after the performance. Additionally, the form establishes responsibilities such as providing a safe working environment and adhering to legal requirements. With its comprehensive layout, the Live Performance Contract equips both Hirers and artists with a solid foundation to ensure a successful collaboration.
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.
Once you have the Live Performance Contract form in hand, the next step is to fill it out accurately. This ensures that all parties involved understand their commitments. Each section is designed to capture essential information about the artist, the hirer, and the terms of the performance. Here's how to complete the form.
Upon completing the form, ensure that all parties retain a copy of the signed agreement for their records. This contract sets the foundation for a successful performance, providing clarity and expectations for everyone involved.
A Live Performance Contract is a formal agreement between the Hirer (the person or company booking an artist or band) and the Artist (the performer or performers). This contract outlines the terms of engagement for a live performance, including details about the performance, payment, responsibilities, and cancellation terms.
A written contract helps clarify expectations and responsibilities for both parties. It prevents misunderstandings and serves as a reference point in case of disputes. Having a signed agreement ensures that all parties are legally bound to adhere to the terms specified, promoting professional integrity in live performance arrangements.
Both the Hirer and Artist need to provide critical information, including names, business addresses, phone numbers, and email addresses. Additionally, the contract specifies the name of the act or band, the performance description, venue address, performance dates, and payment details. Accurate and thorough information is essential for ensuring clarity and accountability.
The payment terms include the total fee for the performance, any required deposit, and provisions for payment timing, typically due shortly after the performance concludes. If applicable, a percentage of gross door takings may also be specified. Clear payment guidelines foster transparency and encourage timely transactions between the Hirer and the Artist.
If either party wishes to cancel the performance, they must provide written notice within a specified time frame (7, 14, 21, or 28 days) as designated in the contract. Failure to meet these notice requirements may result in forfeiture of any deposits or incurred costs. However, the Artist can cancel due to unforeseen circumstances without liability.
The Hirer is obliged to ensure that the venue is safe and conducive for performance. This includes providing adequate power supply, proper staging, secure parking for personnel, and compliance with all legal requirements. Fulfilling these responsibilities reduces risks and ensures a successful performance for both the Artist and the audience.
The Artist retains the right to display and sell merchandise at the venue both during the performance and for at least 30 minutes before and after. The Hirer must not charge the Artist for this opportunity, as it represents an important revenue stream for performers. A mutually agreed location for the sale should be established prior to the event.
The Hirer is required to maintain specific insurance policies, including public liability insurance, workers' compensation, and property insurance for equipment. These policies protect all parties involved and help mitigate against potential financial losses or damages during the performance.
If a disagreement arises concerning the contract, both parties should first attempt to resolve it through communication and negotiation. If this fails, the contract specifies that the courts of the relevant state will have jurisdiction. Every party involved is responsible for their own legal costs unless one party prevails in the dispute.
Completing the Live Performance Contract form is a vital step in securing an event. However, some common mistakes can hinder the process and create complications down the line. Awareness of these pitfalls can simplify things for both the hirer and the artist.
One significant mistake people make is failing to provide accurate contact information. This includes not only the hirer’s details but also the artist or band leader’s. Incomplete or incorrect phone numbers and email addresses can lead to communication issues, especially when it comes to confirming bookings or discussing last-minute changes. Ensuring that all contact information is current and accurate is crucial for smooth interactions.
Another common error involves neglecting to specify performance details. This may manifest as an unclear performance description or failure to note the number of musicians and crew involved. If performance specifics are vague, it can lead to misunderstanding about expectations. Therefore, it is essential to clearly outline what the performance will entail, including the name of the act and any special requirements that might arise.
A third mistake involves mismanaging travel and accommodation arrangements. The hirer must either agree to cover these costs or arrange for the artist's needs. If this section of the contract is left incomplete, it can lead to confusion regarding who is responsible for paying for travel, meals, and lodging. Precise and clear agreements on these logistics can prevent challenges on the day of the performance.
Another area where hirers often trip up is not adhering to the contract's confirmation and cancellation terms. For instance, if the hirer does not return a signed copy of the contract in a timely manner, the booking may not be fully confirmed. Additionally, failure to provide written notice of cancellation within the specified timeframe can result in unnecessary financial penalties. Always pay attention to these deadlines to avoid unexpected costs.
Finally, many forget the importance of understanding payment terms. Mistakes in calculating the total amount due or misinterpreting the deposit requirements can lead to financial surprises. The hirer should read these terms carefully and ensure they are clearly outlined in the contract to avoid confusion later on.
By being mindful of these common mistakes, both hirers and artists can foster a more transparent and enjoyable working relationship. A properly filled-out contract helps set the stage for a successful performance experience.
When engaging in live performances, various documents accompany the Live Performance Contract form. These documents clarify terms, outline responsibilities, and protect both parties’ interests in the agreement. Below is a list of key forms often used alongside the Live Performance Contract.
These accompanying documents work in tandem with the Live Performance Contract to create a detailed and comprehensive framework for a successful event. Properly addressing all aspects helps prevent misunderstandings and fosters a professional relationship between the hirer and the artist.
There are several documents similar to the Live Performance Contract. Each serves to outline agreements for services rendered, with specific components tailored for performance situations. Here are seven such documents:
Here are eight important things to consider when filling out the Live Performance Contract form:
Additionally, here are things to avoid when filling out this contract:
Misconception 1: The Live Performance Contract is only necessary for large events.
This contract is crucial for all performances, regardless of size. Even for small gigs, it establishes clear expectations and protects both the artist and the hirer. Not having a contract can lead to misunderstandings and disputes.
Misconception 2: Once signed, a contract cannot be changed.
Contracts can be amended if all parties agree to the changes. It's essential to communicate any modifications in writing. Flexibility allows for adjustments that accommodate unforeseen circumstances.
Misconception 3: If the artist cancels for any reason, they are liable for all expenses.
While cancellation terms exist, the artist has the right to cancel due to circumstances beyond their control, such as illness or emergencies. In these cases, they aren’t responsible for reimbursing fees already paid by the hirer.
Misconception 4: Payment terms are negotiable even after the contract is signed.
Once the contract is signed, the payment terms become binding. Delaying or changing payment methods without mutual consent can lead to legal complications. Clarity on payment terms prevents issues down the line.
Misconception 5: A simple handshake agreement is just as binding.
A verbal agreement may seem sufficient among friends, but it lacks the enforceable nature of a written contract. Without documentation, proving the terms of the agreement can become a significant challenge in disputes. Always opt for a formal contract.
Filling out and using the Live Performance Contract form involves several important considerations. Here are key takeaways to keep in mind:
Consider these factors carefully as you fill out the Live Performance Contract. They are essential for a successful partnership between the Hirer and the Artist, helping to avoid conflicts and misunderstandings.
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