The Live Performance Contract form is a legal document that outlines the terms and conditions under which a musician or band agrees to perform. This contract serves to protect both the hirer and the artist by clearly defining expectations regarding performance details, payment, and cancellation policies. Understanding this contract is essential for ensuring a successful and mutually beneficial live performance experience.
The Live Performance Contract form serves as a crucial document for both musicians and those hiring them, ensuring clarity and mutual understanding in the engagement process. This contract outlines essential details such as the names and contact information of the Hirer and the Artist or Band Leader, as well as the specifics of the performance, including the name of the act, the description of the performance, and the number of musicians and crew involved. It also addresses the performance venue and times, emphasizing the importance of confirming bookings in advance to secure the engagement. Travel arrangements, including transportation, accommodation, and meal provisions, are clearly defined, ensuring that all logistical aspects are managed effectively. The contract stipulates payment terms, including the total amount due, deposit requirements, and conditions for cancellation, providing a framework for both parties to follow. Additionally, it includes provisions for artistic control, insurance requirements, and dispute resolution, reinforcing the need for a professional and respectful working relationship. By detailing these aspects, the Live Performance Contract aims to protect the interests of both the Hirer and the Artist, fostering a successful collaboration that can bring joy to audiences.
When filling out the Live Performance Contract form, it's important to follow certain guidelines to ensure accuracy and clarity. Here are five things you should and shouldn't do:
Key Takeaways for Using the Live Performance Contract Form:
Salary Advance Agreement - The form serves to assure employees they have support for financial emergencies.
Therapy Session Notes Examples - Keep notes clear and concise to aid in future care decisions.
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.
Misconception 1: The Live Performance Contract is not necessary for small gigs.
Many believe that formal contracts are only required for large events. In reality, having a contract in place for any performance helps clarify expectations and protects both the artist and the hirer, regardless of the event size.
Misconception 2: Once signed, the contract cannot be changed.
Some think that a contract is set in stone after signing. However, contracts can be amended if both parties agree to the changes in writing. Flexibility can be key to accommodating unforeseen circumstances.
Misconception 3: The artist is responsible for all travel arrangements.
It's a common belief that artists handle their own travel logistics. The contract specifies that the hirer may be responsible for travel, accommodation, and meal costs, depending on the agreed terms.
Misconception 4: Cancellation policies are negotiable after signing.
People often think they can change cancellation terms after the contract is signed. In fact, cancellation policies are outlined in the contract and must be adhered to as agreed upon at the time of signing.
Misconception 5: Payment is only due after the performance.
Some assume that payment is only required post-performance. The contract states that a deposit is typically required before the event, ensuring that both parties are committed to the agreement.
Misconception 6: The artist has no control over their performance content.
There's a misconception that artists must perform exactly as dictated by the hirer. The contract emphasizes that the artist retains control over the artistic content of their performance, allowing them to maintain their creative integrity.
Misconception 7: Insurance coverage is optional.
Many believe that insurance is an optional add-on. In fact, the contract mandates that the hirer provide certain insurance policies to protect both parties, highlighting the importance of safety and liability management in live performances.