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When organizing a live performance, having a clear and comprehensive Live Performance Contract is essential for both the hirer and the artist. This contract outlines the key terms and conditions that govern the engagement, ensuring that both parties are on the same page. It starts by identifying the hirer—whether an individual or a company—and the artist or band leader, establishing a mutual understanding of the parties involved. The agreement specifies the details of the performance, including the name of the act, the nature of the performance, and the number of musicians and crew members required. Additionally, it addresses logistical aspects such as the performance venue, dates, and times, as well as travel arrangements, accommodation, and meal provisions. Crucially, the contract includes terms for confirmation of the performance, cancellation policies, and payment structures, ensuring that financial expectations are clear from the outset. Furthermore, it outlines responsibilities related to setup, staging, and insurance, protecting both the artist and the hirer from potential disputes. By carefully reviewing and adhering to this contract, both parties can foster a professional relationship that minimizes misunderstandings and maximizes the success of the event.

Preview - 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) ___________________________________

/

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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)

 

 

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) ………………………………….. …. … ..

/

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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 Specifics

Fact Name Description
Parties Involved The contract is between the Hirer (person or company) and the Artist/Band Leader.
Performance Details The Artist agrees to perform under specified terms, including the name of the act and performance description.
Confirmation Requirement A signed contract must be returned by the Hirer at least 7 days before the performance date for confirmation.
Cancellation Policy The performance can only be canceled with written notice received 7 to 28 days before the performance date.
Payment Terms The Hirer must pay the final total, including any deposits, within specified time frames after the performance.
Travel Arrangements Travel costs are included unless otherwise specified, with arrangements to be confirmed in writing.
Insurance Requirements The Hirer must maintain public liability insurance and other necessary coverage as outlined in the contract.
Governing Law This contract is governed by the laws of the State of Western Australia (WA).

Live Performance Contract: Usage Instruction

To fill out the Live Performance Contract form, carefully follow the steps below. Ensure all required information is accurate and complete before submitting the form. This contract will serve as the basis for your agreement with the artist or band.

  1. Enter the Hirer's name and trading name, including the ABN.
  2. Provide the Hirer's address, home/work phone number, mobile number, email address, and fax number.
  3. Fill in the Artist or Band Leader's name and address, along with their contact details.
  4. Specify the name of the Act or Band under "Appearing as."
  5. Describe the performance in the "To Perform" section.
  6. Indicate the number of musicians and crew involved in the performance.
  7. Enter the performance venue and full address.
  8. Provide the performance date or reference dates in Schedule B.
  9. Fill in the performance time or duration.
  10. Choose the travel arrangement option and provide necessary details, including travel total or accommodation specifics.
  11. Confirm the performance by signing and returning the contract at least 7 days before the performance date.
  12. Specify cancellation terms by circling the appropriate notice period (7, 14, 21, or 28 days).
  13. Complete the payment details, including the final total, deposit, and any percentage of gross door takings.
  14. Both the Hirer and the Artist must sign and date the contract.
  15. Fill out any additional special conditions or requests, if applicable.
  16. Complete Schedules A and B with personnel and performance dates.

Learn More on Live Performance Contract

  1. What is a Live Performance Contract?

    A Live Performance Contract is a formal agreement between a hirer (the person or company hiring the artist) and an artist or band. This contract outlines the terms of the performance, including details such as the date, time, location, payment, and any specific requirements for the event. It serves to protect both parties by clearly defining their obligations and expectations.

  2. What information do I need to provide as a hirer?

    As a hirer, you will need to provide several key pieces of information. This includes:

    • Your name or the name of your company.
    • Your business name and Australian Business Number (ABN).
    • Your contact details, including address, phone numbers, and email.
    • The name of the artist or band you are hiring.
    • Details of the performance, including the venue and performance times.
  3. What happens if I need to cancel the performance?

    If you need to cancel the performance, you must provide written notice to the artist. The notice period can vary—options include 7, 14, 21, or 28 days. If the cancellation notice is not given within the specified timeframe, the performance is considered confirmed, and you will be responsible for the full payment. Keep in mind that any deposit or incurred travel costs are generally non-refundable.

  4. How is payment structured in the contract?

    The payment structure can vary based on your agreement with the artist. Typically, you will see a final total amount for the performance, which may include a deposit due by a specific date. Additionally, some contracts may specify a percentage of gross door takings. Payments are usually required to be made shortly after the performance concludes, ensuring that the artist is compensated promptly.

  5. What responsibilities does the hirer have regarding the venue?

    The hirer is responsible for ensuring that the venue is safe and compliant with all necessary regulations. This includes providing adequate staging, power supplies, and secure parking for the artist and their crew. You must also ensure that all equipment is in good working order and that any required permits are obtained prior to the performance.

  6. Can the artist sell merchandise during the performance?

    Yes, the artist has the right to display and sell merchandise during the performance. This includes selling items at least 30 minutes before and after the performance. The location for merchandise sales should be mutually agreed upon between the hirer and the artist, and no payment is required to the hirer for these sales.

  7. What happens if the performance is delayed or interrupted?

    If the performance is delayed, interrupted, or finishes early due to factors caused by the hirer, the hirer is still obligated to pay the full agreed amount. The artist is not required to extend the performance time unless they choose to do so. This clause emphasizes the importance of planning and ensuring that everything runs smoothly on the day of the event.

  8. What should I do if a dispute arises?

    In the event of a dispute, both parties are encouraged to first attempt to resolve the issue through negotiation. If that fails, the contract specifies that the courts of the State of Western Australia will have exclusive jurisdiction over any legal proceedings. Each party is responsible for its own legal costs unless the artist prevails in the dispute, in which case the hirer may be required to cover those costs.

Common mistakes

When filling out the Live Performance Contract form, many individuals make mistakes that can lead to confusion or disputes later on. One common error is failing to provide complete and accurate contact information for both the Hirer and the Artist. Missing phone numbers or email addresses can delay communication and cause misunderstandings.

Another frequent mistake is not specifying the performance details clearly. The Hirer should provide the name of the act and a detailed description of the performance. Vague descriptions can lead to differing expectations about what the performance will entail.

People often overlook the importance of confirming travel arrangements. If the Hirer is responsible for travel, accommodation, and meals, these details must be explicitly stated in the contract. Failure to do so can result in unexpected costs or logistical issues on the day of the performance.

Many Hirers neglect to sign and return the contract on time. A booking is not confirmed until the signed contract is received by the Artist. Delays in sending the signed document can jeopardize the performance date.

Another mistake is miscalculating the cancellation policy. The Hirer must circle the appropriate cancellation period and understand the implications of not adhering to it. If the cancellation notice is not provided within the specified timeframe, the Hirer may still be liable for the full payment.

Inadequate attention to payment terms is also common. The Hirer should ensure that the deposit and final payment amounts are clearly stated. Misunderstandings regarding payment can lead to disputes after the performance.

People sometimes fail to address the insurance requirements. The Hirer is responsible for providing public liability insurance and other necessary coverage. Skipping this step can expose both parties to significant risks.

Another oversight involves not providing special conditions or rider requests. If the Artist has specific needs, such as catering or equipment, these should be included in the contract. Omitting this information can lead to dissatisfaction on the day of the event.

Lastly, individuals often forget to include a schedule for the performance dates and personnel. This information is crucial for clarity and accountability. Without it, there may be confusion regarding who is performing and when.

Documents used along the form

When organizing a live performance, several documents complement the Live Performance Contract form. Each of these forms serves a specific purpose and helps clarify the expectations and responsibilities of both the hirer and the artist. Below is a list of commonly used forms and documents in this context.

  • Performance Rider: This document outlines specific requirements that the artist needs for the performance, such as technical specifications, equipment, and hospitality requests. It ensures that the venue meets the artist’s needs for a successful show.
  • Technical Rider: Similar to the performance rider, this form focuses on the technical aspects of the performance. It details sound, lighting, and staging requirements to ensure the artist’s performance runs smoothly.
  • Merchandise Agreement: This document allows the artist to sell merchandise at the venue. It specifies the terms under which merchandise can be sold, including any fees or revenue sharing with the hirer.
  • Insurance Certificate: The artist or hirer may need to provide proof of insurance coverage. This certificate ensures that both parties are protected against potential liabilities during the performance.
  • Cancellation Policy: This document outlines the terms and conditions under which either party can cancel the performance. It includes notice periods and any penalties or fees associated with cancellation.
  • Invoice: After the performance, the artist may issue an invoice to the hirer for payment. This document details the agreed-upon fees, including any additional costs incurred during the performance.
  • Agreement for Use of Venue: This form formalizes the arrangement between the hirer and the venue. It specifies the terms of use, including time slots, access to facilities, and any additional charges.
  • Photo and Video Release: If the performance will be recorded or photographed, this document secures the artist's permission for such activities. It outlines how the media will be used and protects the artist's rights.

These documents work together to create a comprehensive framework for the live performance, ensuring that all parties understand their rights and obligations. Having the appropriate forms in place can help avoid misunderstandings and contribute to a successful event.

Similar forms

The Performance Agreement is a document that outlines the terms between an artist and a venue or promoter. It specifies the performance details, including dates, times, and compensation. Like the Live Performance Contract, it includes clauses on cancellation, payment, and responsibilities of both parties. This ensures that both the artist and the venue are clear about their obligations and expectations, minimizing the potential for disputes.

A Booking Agreement serves a similar purpose, focusing on the arrangement of a specific event. It details the artist's performance requirements and the venue's provisions. Both documents emphasize the importance of confirming the booking in writing and include clauses regarding cancellation policies. This alignment helps protect both parties in case of unforeseen circumstances affecting the performance.

An Artist Management Agreement outlines the relationship between an artist and their manager. It specifies the manager's responsibilities, including securing performances and negotiating contracts. Both this agreement and the Live Performance Contract address payment structures and the need for written confirmation of agreements. This ensures that all parties understand their roles in the artist's career development.

A Venue Rental Agreement is used when an artist rents a space for their performance. It includes terms related to the use of the venue, payment, and liability. Similar to the Live Performance Contract, it requires both parties to adhere to specific guidelines and responsibilities. This fosters a clear understanding of expectations and helps prevent disputes over venue use.

A Sponsorship Agreement outlines the relationship between an artist and a sponsor. It details the financial support provided in exchange for promotional opportunities. Like the Live Performance Contract, it includes terms regarding payment and deliverables, ensuring that both parties are aware of their commitments. This helps maintain a positive relationship between the artist and the sponsor.

A Licensing Agreement permits the use of an artist's work for specific purposes. It outlines the terms of use, including compensation and duration. This document is similar to the Live Performance Contract in that it clearly defines the rights and responsibilities of both parties involved. This clarity helps avoid misunderstandings regarding the use of the artist's intellectual property.

A Collaboration Agreement is used when two or more artists work together on a project. It outlines each artist's contributions, rights, and compensation. Similar to the Live Performance Contract, it ensures that all parties are on the same page regarding their roles and expectations. This alignment is crucial for a successful collaboration and helps mitigate potential conflicts.

A Release Agreement is a document that grants permission for the use of an artist's performance or image. It specifies the scope of use and any compensation involved. This agreement shares similarities with the Live Performance Contract in that it protects the rights of both the artist and the party using their work. Clear terms help prevent legal issues related to unauthorized use.

A Non-Disclosure Agreement (NDA) is used to protect sensitive information shared between parties. While it may not directly relate to performance terms, it is often included in contracts involving artists to safeguard proprietary information. Both the NDA and the Live Performance Contract emphasize the importance of confidentiality and the consequences of breaching such agreements. This helps maintain trust between the parties involved.

Dos and Don'ts

When filling out the Live Performance Contract form, it’s important to approach the task with care. Here’s a list of ten things you should and shouldn’t do to ensure everything goes smoothly.

  • Do read the entire contract thoroughly before filling it out. Understanding the terms is crucial.
  • Don’t leave any sections blank. Each part of the form is important for clarity.
  • Do provide accurate contact information for both the Hirer and the Artist. This helps avoid miscommunication.
  • Don’t forget to specify the performance details, including the date, time, and venue. These are key elements of the agreement.
  • Do confirm the payment terms, including the deposit and final total, to avoid surprises later.
  • Don’t overlook the cancellation policy. Make sure you understand the notice period required.
  • Do ensure that all personnel involved are listed correctly in Schedule A. This helps in managing expectations.
  • Don’t ignore the need for written confirmation of any arrangements, especially regarding travel and accommodation.
  • Do sign and date the contract to make it official. This step is essential for both parties.
  • Don’t hesitate to ask questions if something is unclear. Communication is key to a successful agreement.

By following these guidelines, you can help ensure that the Live Performance Contract is completed correctly and effectively. This will set the stage for a successful event.

Misconceptions

  • Misconception 1: The Live Performance Contract is only necessary for large events.
  • This contract is essential for any live performance, regardless of size. It protects both the artist and the hirer by clearly outlining expectations and responsibilities.

  • Misconception 2: Once signed, the contract cannot be altered.
  • While a signed contract is binding, parties can mutually agree to modifications. Any changes should be documented in writing to maintain clarity.

  • Misconception 3: The hirer is not responsible for travel and accommodation costs.
  • The contract specifies that travel, accommodation, and meal costs are included unless otherwise agreed. This ensures that the artist can perform without financial burdens.

  • Misconception 4: The artist can cancel the performance at any time without repercussions.
  • While the artist can cancel for valid reasons, such as illness or unforeseen circumstances, they must notify the hirer. Cancellations without proper notice can result in financial penalties.

  • Misconception 5: The hirer does not need to provide equipment or facilities.
  • The contract clearly outlines the hirer’s responsibility to provide safe working conditions and necessary equipment for the performance. Failure to do so can lead to disputes.

  • Misconception 6: Payment terms are flexible and can be negotiated after the performance.
  • Payment terms are explicitly stated in the contract. The hirer must adhere to these terms, including the timing of payments, to avoid any misunderstandings.

  • Misconception 7: The artist has no control over the performance content.
  • The contract grants the artist control over the artistic aspects of the performance. This includes the ability to substitute band members if necessary.

  • Misconception 8: Insurance is optional for the hirer.
  • Insurance is a requirement outlined in the contract. The hirer must maintain adequate coverage to protect against potential liabilities arising from the performance.

Key takeaways

Filling out and using the Live Performance Contract form is essential for both artists and hirers to ensure a successful engagement. Here are some key takeaways to keep in mind:

  • Clear Communication is Key: Both parties should provide accurate contact information and details regarding the performance. This includes the names of the artist or band, the performance description, and the venue address.
  • Understand Cancellation Policies: Familiarize yourself with the cancellation terms. A performance can only be canceled with written notice, and specific timeframes must be adhered to. Failure to do so may result in financial penalties.
  • Payment Terms Matter: Payment details, including the final total and deposit amounts, should be clearly outlined. Ensure that both parties agree on when payments are due to avoid misunderstandings.
  • Artist's Rights and Responsibilities: The artist retains control over the artistic content of the performance. They may also substitute personnel if necessary. It's important for the hirer to provide safe working conditions and comply with all legal requirements.