Content Overview
The Live Performance Contract form is an essential tool for anyone looking to engage musicians or bands for live events. This document outlines the responsibilities and expectations of both the hirer and the artist, ensuring a clear understanding of the terms of engagement. It begins by identifying the parties involved, including the hirer—whether an individual or a company—and the artist or band leader. Key aspects of the contract include details about the performance, such as the name of the act, the specific venue, and the scheduled times. Additionally, it covers logistical considerations like travel, accommodation, and meals, which can be included in the total payment or arranged separately. The contract also specifies conditions for confirmation and cancellation of the performance, outlining the necessary notice periods and the implications of cancellation. Payment terms are clearly defined, including deposit amounts and timelines for final payments, whether based on a flat fee or a percentage of ticket sales. Furthermore, the contract addresses various operational details, such as setup requirements, insurance obligations, and the artist’s control over the performance content. By establishing these elements in writing, both parties can avoid misunderstandings and ensure a successful live performance experience.
Key takeaways
When filling out and utilizing the Live Performance Contract form, several key considerations are essential for both the Hirer and the Artist. Understanding these points can facilitate a smoother engagement process.
- Accurate Information: Ensure all contact details for both the Hirer and the Artist are complete and accurate. This includes names, addresses, phone numbers, and email addresses.
- Performance Details: Clearly specify the name of the Act or Band and provide a detailed description of the performance to avoid misunderstandings.
- Personnel Listing: Include the number of musicians and crew in Schedule A. This helps clarify who will be involved in the performance.
- Confirmation Process: The performance is not confirmed until the signed contract is returned by the Hirer at least 7 days before the performance date.
- Cancellation Policy: Familiarize yourself with the cancellation notice requirements. Written notice must be provided within the specified time frame to avoid penalties.
- Payment Terms: Clearly outline the payment structure, including the final total, deposit amounts, and any percentage of gross door takings, if applicable.
- Travel Arrangements: Specify who will cover travel, accommodation, and meal costs. This can be included in the final total or arranged separately.
- Set Up and Load Out: The Hirer must ensure that the Artist has reasonable access to the venue for set up and sound checks before the performance.
- Insurance Requirements: The Hirer is responsible for maintaining adequate insurance coverage, including public liability and workers compensation.
- Dispute Resolution: Understand the dispute resolution process outlined in the contract, which includes negotiation before any legal proceedings.
These takeaways are crucial for ensuring a well-structured and mutually beneficial agreement between the Hirer and the Artist.
Guide to Writing Live Performance Contract
After obtaining the Live Performance Contract form, the next step involves accurately filling out all required fields to ensure clarity and agreement between the Hirer and the Artist. Completing this form correctly is essential for confirming the performance and addressing any logistical details involved.
- Enter the name of the Hirer (individual or company) in the designated space.
- Provide the trading name of the business along with the Australian Business Number (ABN).
- Fill in the full address of the Hirer, including home or work phone number, mobile number, email address, and fax number.
- Enter the name of the Artist or Band Leader, ensuring to note that if there are multiple members, the Band Leader acts as the agent for all personnel listed in Schedule A.
- Complete the address and contact information for the Artist/Band Leader, similar to the Hirer's details.
- State the name of the Act or Band in the section for appearing as.
- Describe the performance in detail in the appropriate field.
- Indicate the number of musicians and crew involved in the performance.
- Specify the venue name and full address where the performance will take place.
- Provide the date of the performance or list dates in Schedule B if it is a residency.
- Fill in the performance start and end times, or state the duration, excluding breaks.
- If applicable, complete the travel arrangements section, indicating whether the Hirer will cover travel costs or if the Artist will handle arrangements.
- Confirm the performance by returning a signed copy of the contract at least 7 days before the performance date.
- Choose the cancellation notice period and circle the appropriate option (7, 14, 21, or 28 days).
- Fill in the Final Total payment amount, the deposit amount, and the due date for the deposit.
- Sign and date the contract for both the Hirer and the Artist, ensuring that the signatory has the authority to enter into the agreement.
- Complete any special conditions or requests in the designated section.
- List the personnel comprising the band in Schedule A.
- List the performance dates in Schedule B.
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Form Preview Example
STANDARD CONTRACT FOR LIVE PERFORMANCE BY MUSICIANS
HIRER (person or company name) _____________________________________________________________________________
Trading as (name of business and ABN) ___________________________________________________________________________________
of (address) ______________________________________________________________________(hm/wk phone) _____________________
(mobile) _________________________(email) _______________________________________________(fax)________________________
AND
ARTIST/BAND LEADER (name) __________________________________________________________________________________
Reference to Artist is also to Band Leader. If more than one person, the Band Leader acts as agent for personnel listed at Schedule A (reverse side) of (address) ______________________________________________________________________(hm/wk phone) _____________________
(mobile) _________________________(email) ______________________________________________(fax)_________________________
AGREEMENT TO ENGAGE ARTIST The Hirer agrees to engage the Artist on the terms of this agreement
1(a) |
Appearing as |
_______________________________________________________________________(name of Act/ Band) |
1(b) |
To Perform |
__________________________________________________________________(description of performance) |
1(c) |
To provide the performance there will be ___________________(No. of) Musicians and Crew (”personnel”) listed at Sch. A |
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PERFORMANCE VENUE AND TIMES If a residency (more than 1 booked gig) then list dates at Schedule B (reverse side) |
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2(a) |
At ____________________________________________________________________________(venue and full address) |
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2(b) |
On _______________________ (date) or as set out in Sch. B for performance from __________(time) to _________(time) |
|
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or for a period of _________________________(less breaks) |
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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, |
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personnel accommodation and meal costs, which will be arranged by the Artist. Travel total to be paid no later than 5pm |
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on __________________________(date) |
3(b) |
The Hirer will transport all equipment and provide travel, __________ night/s accommodation per person and _______ |
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meals per person per day for personnel. Confirmation in writing of these arrangements and all tickets, accommodation and |
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meal vouchers to be provided by 5pm on ____________________(date) |
CONFIRMATION OF PERFORMANCE
A booking is not confirmed by the Artist until in receipt of signed contract. The Hirer agrees to confirm performance by returned signed copy of the contract (via mail or fax) at least 7 days before the performance date.
CANCELLATION OF PERFORMANCE
The performance may only be cancelled by written notice received by the other party, no less than 7 days 14 days 21 days or 28 days before the performance date/s at clause 2(b). (Circle appropriate choice).
Deposit and any incurred travel costs are not refundable in the event of cancellation. If any performance is cancelled without proper written notice; if no cancellation period is specified above; or the performance is confirmed within the cancellation period specified: the performance stands as confirmed and the full Final Total payable immediately by the Hirer in the event of a cancellation. (The Artist may cancel at any time if unable to perform due to sickness, injury, transport problems, weather conditions or anything beyond their control, and is not liable to repay any amounts paid by the Hirer prior to the Artist cancelling).
PAYMENT
Final Total: $________________________________(per performance) (for no. of performances and dates see reverse side)
Deposit of $ __________________to be paid by 5pm on ______________(date) and otherwise as set out in the payment clause
AND/OR Percentage of gross door takings of_____________% to be paid as specified in the payment clause
SIGNED ____________________________________(Hirer) ___________________________________ |
/ |
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by or on behalf of |
PRINT NAME |
SIGNATURE |
DATE |
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(The signatory of the Hirer warrants that they have authority to enter this agreement on behalf of the Hirer) |
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|
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SIGNED ____________________________________ (Artist) __________________________________ |
/ |
/ 20 |
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by or on behalf of |
PRINT NAME |
SIGNATURE |
DATE |
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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) ………………………………….. …. … .. |
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PRINT NAME |
SIGNATURE |
DATED |
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©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.
Documents used along the form
When engaging artists for live performances, several important documents accompany the Live Performance Contract. Each of these forms serves a unique purpose, ensuring clarity and protection for both the hirer and the artist. Understanding these documents can help facilitate a smooth collaboration and foster a positive working relationship.
- Performance Rider: This document outlines specific requirements and requests from the artist regarding the performance. It may include technical specifications, hospitality needs, and any other special requests to ensure the artist’s comfort and performance quality.
- Insurance Certificates: Proof of insurance is essential for protecting both parties. This document confirms that the hirer has adequate public liability insurance, workers' compensation, and property insurance, safeguarding against potential risks associated with the event.
- Merchandise Agreement: If the artist intends to sell merchandise during the event, this agreement specifies the terms under which they can do so. It addresses issues such as sales locations, revenue sharing, and any fees associated with selling products.
- Deposit Receipt: This document acknowledges the receipt of a deposit paid by the hirer to secure the artist’s performance. It serves as proof of the financial commitment and outlines the terms regarding the deposit, including conditions for refunds or forfeiture in case of cancellation.
- Doctor's Excuse Note: This essential document provides verification from a healthcare professional for an individual's absence due to illness or medical treatment, ensuring protection for those unable to work or attend school, and can be found at https://smarttemplates.net/fillable-doctors-excuse-note.
- Cancellation Policy: This document details the terms under which either party can cancel the performance. It specifies the notice period required for cancellation and the financial implications, ensuring both parties are aware of their rights and responsibilities in such scenarios.
By familiarizing yourself with these documents, you can navigate the complexities of live performance agreements more effectively. Each form plays a critical role in ensuring a successful and harmonious event, ultimately benefiting both the artist and the hirer.