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When musicians and hirers come together for live performances, a structured agreement is crucial to ensure a smooth collaboration and clear terms. The Live Performance Contract serves as a comprehensive blueprint outlining all critical aspects of the musicians' engagement, from the specific details of the performance, logistical arrangements, to financial specifics and legal protections. This form meticulously records the Hirer's and Artist's details, performance expectations, schedule, venue particulars, travel, accommodation and meal stipulations if applicable, and terms regarding payment, including deposits and total fees. Additionally, it covers any special conditions, the provision for the sale of merchandise, responsibilities concerning set-up and sound checks, along with regulatory compliance and safety measures. The contract also anticipates scenarios such as cancellations, delays, or early conclusions, setting out protocols to manage these professionally without misunderstanding. Essential clauses on artistic control, indemnities, insurance requirements, dispute resolution, and jurisdiction firmly establish the legal standing and protective measures for both parties. Essentially, this contract is designed to promote transparency, prevent potential disputes, and provide a legal framework supporting mutual respect and understanding between the Hirer and Artist, ensuring everyone's interests are safeguarded.

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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) __________________________________

/

/ 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) ………………………………….. …. … ..

/

/ 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.

Document Attributes

Fact Name Description
Governing Law The agreement specifies that the laws of the State of Western Australia (WA) will exclusively govern the validity, construction, and performance of the contract.
Dispute Resolution Disputes arising under this agreement are to be resolved in the courts of WA, emphasizing negotiation before legal proceedings.
Confirmation and Cancellation A performance is considered confirmed only upon receipt of a signed copy of the contract by the Artist, with cancellations requiring written notice obeying a specified time frame before the performance date(s).
Payment Terms Payment includes a specified deposit by a certain date, with the balance due within minutes after the performance(s) conclude, or a percentage of door takings under agreed conditions.

How to Fill Out Live Performance Contract

Filling out a Live Performance Contract form is essential for musicians and artists who are being hired for a performance. This document will clearly outline the terms of the engagement, covering details such as performance expectations, the venue, payment arrangements, and any special requirements. Proper completion of this contract ensures that both the artist and the hirer have a clear understanding of their obligations, helping to prevent misunderstandings and disputes. The steps provided below will guide both parties through filling out the form.

  1. Start by entering the full name of the hirer (person or company) at the top of the form, along with the trading as name (if applicable) and the Australian Business Number (ABN).
  2. Fill in the address, phone numbers (home/work and mobile), email, and fax number of the hirer.
  3. Complete the artist/band leader section with the name of the artist or band leader, address, contact numbers, and email, treating the band leader as the agent if there are multiple persons involved.
  4. Under the "Agreement to Engage Artist" section, specify the name of the act/band, a description of the performance, and the number of musicians and crew involved.
  5. For the "Performance Venue and Times" section, list the exact location of the performance, the date(s), start and finish times, and the total performance duration less breaks. If there are multiple dates, mention that these will be detailed at Schedule B on the reverse side.
  6. In the "Travel: Transport, Accommodation and Meals" section, choose between options 3(a) and 3(b) to determine if the hirer or artist is responsible for travel costs, and fill in the appropriate details, including payment amounts and deadlines.
  7. Address the "Confirmation of Performance" by noting how and when the artist will confirm the booking and the deadline for the hirer to return a signed copy of the contract.
  8. Under "Cancellation of Performance," circle the appropriate notice period required for cancelling the performance. Fill in details regarding the consequences of cancellation, including non-refundable deposits and incurred travel costs.
  9. Specify the payment terms under the "Payment" section, including the final total per performance, deposit amount, due date for the deposit, and the percentage of gross door takings (if applicable).
  10. Both parties must sign and date the form at the bottom, ensuring the hirer's signatory warrants their authority to enter into the agreement.
  11. Complete any additional provisions, such as set up and load-out times, staging requirements, power supply, merchandise sales, liability insurance, and special conditions that may apply.
  12. Fulfill the requirements of the Schedules A and B on the reverse side, listing personnel and dates of performance, respectively. If applicable, complete Schedule C for the Guarantee and Indemnity section.

After both parties have filled out the form and agreed upon all terms, it is crucial to keep a signed copy for their records. This document will serve as a formal agreement and reference in case any issues arise before, during, or after the performance.

More About Live Performance Contract

  1. What exactly is a Live Performance Contract and who should use it?

    A Live Performance Contract is a formal agreement between a performer or group of performers (referred to as the Artist) and the entity hiring their services (the Hirer). This document outlines the terms under which the performance will occur, including but not limited to, the location, date and time of the performance, payment details, technical requirements, and cancellation policies. It is vital for musicians, bands, and live performers who wish to establish clear expectations and responsibilities for a live performance, as well as for businesses, event planners, or other entities seeking to hire them.

  2. How do I confirm a performance under this contract?

    To confirm a performance, the Hirer must return a signed copy of the contract to the Artist at least 7 days before the date of the performance. A booking isn't considered confirmed until the Artist receives this signed contract, ensuring both parties acknowledge and accept the terms of the engagement. This process helps prevent misunderstandings and sets a professional tone for the event.

  3. What happens if the performance needs to be cancelled?

    Cancellation policies are clearly stated in the contract, requiring written notice to be received by the other party no less than 7, 14, 21, or 28 days (as predetermined and circled in the contract) before the performance date. Deposits and any incurred travel expenses are non-refundable. If a cancellation occurs without adequate notice, the full payment for the performance becomes immediately due, unless the cancellation is due to conditions beyond the Artist's control, such as sickness or severe weather.

  4. When is payment due under this contract?

    Unless other arrangements are specified in the Special Conditions section, the full balance of the Final Total is due within 15 minutes of the conclusion of the first performance. If payment is based on a percentage of door takings, it's due within 30 minutes of the end of each performance. This ensures the Artist is compensated in a timely manner for their services.

  5. What are the responsibilities of the Hirer regarding the venue and equipment?

    The Hirer is responsible for providing a safe and compliant venue for the performance, which includes securing proper staging, ensuring all equipment and facilities are in good working order, and adhering to statutory requirements. They must also provide safe, adequate power supplies and compensate the Artist for any damage to equipment caused by power supply issues. Additionally, secure parking for the Artist and personnel must be arranged.

  6. Can the Artist sell merchandise at the event?

    Yes, the Artist retains the right to display and sell merchandise before, during, and for at least 30 minutes after the performance. The contract stipulates this can be done from a mutually agreed location at the venue, without any payment to the Hirer. This allows Artists to further monetize their performance and connect with their audience.

Common mistakes

When filling out the Live Performance Contract form, several commonly made mistakes can affect the accuracy and enforceability of the agreement. Understanding these errors can help ensure that the contract is completed correctly, providing clarity and security for both the hirer and the artist involved. Below are four mistakes frequently made:

  1. Not specifying performance details clearly: It's crucial to offer a full description of the performance, including the type of act or band, the performance's nature, and any specific expectations. Failing to detail these items can lead to misunderstandings about what is expected at the event.

  2. Incomplete information on the schedule and personnel: Often, the sections related to performance dates and times (Schedule B) and personnel details (Schedule A) are not filled out comprehensively. This omission can cause logistical issues, affecting the performance's planning and execution.

  3. Unclear terms on payment and cancellations: The conditions regarding payment amounts, deadlines, and cancellation terms need to be explicitly stated to avoid disputes. This includes detailing deposit requirements, final total payments, cancellation periods, and the consequences of cancelling without proper notice.

  4. Failing to account for technical and logistical requirements: Both parties often overlook specifying the technical needs (like power supply and staging requirements) and logistical supports (such as travel, accommodation, and meals). These details are vital for ensuring that the artist can deliver the performance as expected.

By paying attention to these areas, those involved can reduce the likelihood of problems arising from the contract's terms and help ensure a successful event.

Documents used along the form

When organizing a live performance, the Live Performance Contract is a fundamental document that outlines the agreement between the hirer and the artist or band. To support and supplement this contract, several other forms and documents are commonly used to ensure a thorough and mutual understanding of the event details, expectations, and legalities. The items listed below play a crucial role in streamlining the process for both parties involved.

  • Technical Rider: Specifies the technical and equipment requirements for the performance, including sound and lighting preferences. This document helps ensure the venue is prepared to meet the artist's needs.
  • Stage Plot: Provides a visual layout of the stage, showing where each musician, instrument, and piece of equipment should be positioned. This aids the venue in setting up the stage efficiently.
  • Performance Schedule: Outlines the timing of the event, including load-in, soundcheck, performance, and load-out times. This helps both the artist and the venue manage their time effectively.
  • Merchandising Agreement: If the artist plans to sell merchandise at the event, this document outlines the terms, including how profits are shared, if applicable, and where the merchandise will be sold.
  • Travel and Accommodation Itinerary: Details the travel arrangements and accommodation details for the artist and crew, if the hirer is responsible for these expenses as per the Live Performance Contract. This ensures all parties have the same information.
  • Insurance Certificate: Proof of insurance coverage, as required by the contract, to cover potential liabilities related to the performance. This protects both the artist and the venue.
  • Non-Disclosure Agreement (NDA): If sensitive information will be shared during the arrangement of the performance, an NDA protects the confidentiality of that information.

Collectively, these documents complement the Live Performance Contract by filling in the details and covering aspects that are crucial for the smooth execution of a live performance. By addressing technical requirements, stage setup, timing, financial arrangements, and legal protections, these documents help ensure a successful event for both the artist and the hirer.

Similar forms

  • Event Planning Agreement: This document is similar to a Live Performance Contract as it outlines the responsibilities and obligations between two parties involved in the organization of an event. It covers the scope of services provided, payment terms, cancellation policies, and other logistics similar to those found in the contract for live performances.

  • Artist Engagement Agreement: Very similar to the Live Performance Contract, this agreement details the terms between an artist or entertainer and another party hiring their services for a specific event. It includes performance details, compensation, accommodation arrangements, and technical requirements, reflecting the detailed arrangements found in live performance agreements.

  • Service Agreement: A Service Agreement outlines a transaction where services are exchanged between a service provider and a client. This resembles the logistics and payment terms section of the Live Performance Contract, where services (in this case, performance by musicians) are agreed upon to be provided under certain conditions.

  • Booking Agreement: This contract is used when booking venues or individuals for events, closely resembling the sections of the Live Performance Contract that specify venue details, performance dates, and times. Both agreements ensure the availability of the venue/artist for the event and detail the conditions under which the booking is made.

  • Vendor Agreement: This agreement between a vendor and a client for the supply of goods or services at an event is akin to the arrangements in a Live Performance Contract about merchandise sales. It covers terms for displaying and selling goods, which is a common clause in contracts involving artists and performances.

  • Entertainment Contract: Specifically related to the entertainment sector, this contract shares many similarities with a Live Performance Contract, as it governs the relationship between entertainers (such as musicians, bands, comedians) and those hiring them, covering performance specifics, technical requirements, and payment.

  • Non-Disclosure Agreement (NDA) for Creative Projects: While not entirely similar, an NDA can be a part of the broader contractual arrangements surrounding a live performance or event planning to protect sensitive information about the performance or the event's unique aspects. It complements the Live Performance Contract by safeguarding proprietary aspects such as creative content and event specifics.

Dos and Don'ts

When filling out a Live Performance Contract form, it's important to approach the task with care and attention to detail to ensure the agreement reflects the understanding and expectations of both parties involved. Here are some guidelines to consider:

Do's:

  1. Ensure all information is complete and accurate, including the names and contact details of the hirer and the artist/band leader, to avoid any confusion or dispute.
  2. Clearly describe the performance, including the type of act, duration, and any specific requirements or conditions, to ensure both parties have the same expectations.
  3. Include detailed information regarding payment terms, such as the total amount, deposit required, and payment deadlines, to prevent financial misunderstandings.
  4. Outline any provisions for travel, accommodation, and meals if applicable, to ensure the artist and their crew's needs are met and agreed upon in advance.
  5. Review and understand the cancellation policy thoroughly to know the consequences if the performance cannot go ahead as planned.

Don'ts:

  1. Avoid leaving any sections blank. If a section does not apply, mark it as "N/A" (not applicable) to confirm that it was reviewed but not needed.
  2. Do not sign the contract before thoroughly reviewing all details, especially the responsibilities and obligations of each party, to ensure there are no surprises.
  3. Avoid making verbal agreements that are not included in the contract. If there are any additional agreements or conditions, make sure they are documented in the contract.
  4. Do not forget to check the jurisdiction and law that govern the contract, especially if the artist or hirer is from a different state or country, to understand how disputes will be managed.
  5. Avoid underestimating the importance of specifying technical and logistical needs, such as staging requirements, power supply, and sound check times, to ensure a smooth performance.

Misconceptions

When it comes to live performance contracts, misunderstandings can complicate what should be straightforward agreements between artists and hirers. Let’s clear up some common misconceptions:

  • Only large performances need a contract. Every performance, regardless of its size or the familiarity between the artist and the hirer, should be outlined in a contract. This precaution ensures that both parties understand their obligations and reduces the risk of disputes.
  • Contracts are too complex for non-lawyers. While legal documents can be daunting, live performance contracts are designed to be understandable. They outline the expectations, responsibilities, and details of the performance, providing clarity and protection for all involved.
  • Oral agreements are just as binding. While oral agreements can be legally binding, proving their terms and conditions in a dispute is challenging. Written contracts clearly document the agreement, making enforcement and understanding straightforward.
  • Contracts strip away flexibility. A thoughtfully drafted contract provides a structured framework but can include provisions for flexibility and unforeseen circumstances, such as cancellations or changes in performance details.
  • Standard contracts cover all necessary details. While a standard contract is a good starting point, it may not address the unique aspects of every performance. Tailoring the agreement to include specifics about the artists, hirers, venue, and performance can forestall problems.
  • All contracts are final and non-negotiable. Before signing, both parties should thoroughly review the contract and feel free to negotiate terms. A contract is an agreement, and its contents should be mutually agreeable and beneficial.

Understanding these features of live performance contracts can help artists and hirers navigate the business side of performances more effectively, ensuring smoother collaborations and successful events.

Key takeaways

Filling out and using a Live Performance Contract is essential for both the artist and the hirer to ensure a successful and legally sound engagement. Here are key takeaways to consider:

  • The contract clearly defines roles, with terms like "Hirer" and "Artist/Band Leader" to avoid any ambiguity about the parties involved.
  • Details of the performance, including the act's name, description of the performance, and the number of musicians and crew, are vital for setting expectations.
  • Performance venue and times, including residency dates if applicable, need to be specified to manage schedules and logistics effectively.
  • Travel arrangements, transport, accommodation, and meals are addressed, showing the contract's comprehensive approach to covering all aspects of the engagement.
  • The contract requires confirmation by returning a signed copy, underscoring the importance of formal agreement acceptance to prevent misunderstandings.
  • Cancellation terms are specified, highlighting the need for written notice within a set timeframe, thus providing a safeguard for both parties.
  • Payment terms, including deposit details and performance fees, ensure clarity on financial matters, which is crucial for a smooth business transaction.
  • Responsibilities for set-up, sound checks, and equipment are outlined, emphasizing the importance of a conducive performance environment.
  • The contract addresses merchandise sales, granting the artist the right to sell goods at the venue, which can be an important revenue stream.
  • Artistic control is maintained by the artist, including the ability to substitute performers if necessary, preserving the integrity of the performance.

While this list highlights fundamental aspects of the Live Performance Contract, it's essential for both artists and hirers to read and understand the entire document before signing. This ensures both parties are well-informed and agree to the terms, leading to a successful and mutually beneficial engagement.

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