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The Live Performance Contract form serves as a crucial agreement between a hirer and an artist or band leader, outlining the essential details of a live performance. This contract lays out who is performing, where, and when, ensuring that both parties are clear on the expectations and obligations involved. The hirer, whether an individual or a company, agrees to engage the artist for a specific performance, which includes details about the act and the number of musicians and crew involved. The contract specifies the performance venue and times, along with travel arrangements, accommodation, and meal provisions for the artist and their personnel. Importantly, it also addresses payment terms, including the total fee, deposit requirements, and conditions for cancellation. This form not only protects the rights of both parties but also establishes a framework for communication and compliance with various legal and logistical requirements, ensuring a smooth and successful event.

Key takeaways

1. Understand the Parties Involved: Clearly identify the Hirer and the Artist/Band Leader in the contract. Make sure all names and contact details are accurate.

2. Define Performance Details: Specify the name of the act, the description of the performance, and the number of musicians and crew involved. This ensures everyone is on the same page.

3. Confirm Venue and Timing: Clearly state the performance venue and the date and time. If multiple dates are involved, list them in Schedule B.

4. Travel and Accommodation Arrangements: Decide whether the Hirer or the Artist will cover travel, accommodation, and meal costs. Clearly outline these details to avoid misunderstandings.

5. Cancellation Policy: Be aware of the cancellation terms. Written notice is required, and the timeframe can vary. Understand the financial implications of a cancellation.

6. Payment Terms: Specify the total payment amount and any deposit required. Payment should be made promptly, typically within 15 minutes of the performance's conclusion.

7. Ensure Proper Setup and Equipment: The Hirer must provide reasonable access to the venue for setup and ensure all equipment is in working order. This is crucial for a smooth performance.

8. Address Insurance and Liability: The Hirer should maintain adequate insurance coverage. This protects both parties against potential claims arising from the performance.

Documents used along the form

In addition to the Live Performance Contract form, several other documents are commonly used to facilitate live performances. Each document serves a specific purpose, ensuring that both the hirer and the artist have clear expectations and agreements. Below is a list of relevant forms and documents.

  • Performance Rider: This document outlines specific requirements and requests from the artist, such as technical needs, hospitality preferences, and other conditions necessary for the performance.
  • Booking Agreement: A preliminary agreement that confirms the details of the performance, including date, time, and location, while also outlining the terms of engagement before the final contract is signed.
  • Invoice: A formal request for payment that details the services provided, including performance fees, travel costs, and any additional expenses incurred by the artist or crew.
  • Motor Vehicle Bill of Sale: This form is essential in the transaction of a vehicle in North Carolina, providing a clear record of the sale's details and serving as proof of ownership transfer, which is often required for registration. For more information, visit Formaid Org.
  • Merchandise Agreement: This document specifies the terms under which the artist can sell merchandise at the venue, including profit sharing and space allocation for sales.
  • Insurance Certificate: Proof of insurance coverage, often required by venues, that protects against liability claims and damages that may occur during the performance.
  • Technical Rider: A detailed description of the technical requirements for the performance, including sound, lighting, and staging specifications to ensure a successful show.
  • Cancellation Policy: A document outlining the conditions under which either party may cancel the performance, including notice periods and potential penalties.
  • Emergency Contact List: A list of key contacts for both the artist and the venue in case of emergencies, ensuring quick communication if issues arise.
  • Sound Check Agreement: This document specifies the schedule and requirements for sound checks prior to the performance, ensuring that both parties agree on the timing and technical needs.

These documents play a crucial role in the planning and execution of live performances. They help to establish clear communication and expectations, reducing the likelihood of misunderstandings and ensuring a successful event for all parties involved.

Dos and Don'ts

Things to Do:

  • Fill in all required fields completely and accurately.
  • Provide clear contact information for both the Hirer and the Artist.
  • Confirm performance details, including date, time, and venue.
  • Review the cancellation policy carefully before signing.

Things Not to Do:

  • Do not leave any sections blank, as this may delay the booking.
  • Avoid making verbal agreements that are not documented in the contract.
  • Do not ignore the payment terms; ensure you understand them fully.
  • Refrain from altering the contract without mutual consent from both parties.

Common mistakes

When filling out the Live Performance Contract form, people often make mistakes that can lead to misunderstandings or complications later on. One common error is failing to provide complete contact information for both the Hirer and the Artist. It's essential to include not just names, but also addresses, phone numbers, and email addresses. Missing even one piece of this information can create challenges in communication, especially if any issues arise before or after the performance.

Another frequent mistake is neglecting to specify the performance details adequately. The section that asks for the name of the act and a description of the performance should be filled out clearly. Vague descriptions can lead to differing expectations about what the performance will entail. Clarity here helps ensure that both parties are on the same page regarding what is being offered and expected.

Many people also overlook the importance of confirming travel and accommodation arrangements. If the Hirer is responsible for these costs, they must be clearly stated in the contract. Incomplete or unclear travel arrangements can lead to confusion and last-minute scrambles, which could affect the performance itself. It’s wise to double-check that all relevant details are filled in accurately.

Another area where mistakes often occur is in the cancellation policy. Some Hirers fail to circle the appropriate cancellation notice period. This oversight can have significant financial implications. If a cancellation occurs without proper notice, the Hirer may still be liable for the full payment, which could lead to unexpected costs. Ensuring that this section is completed correctly is crucial.

Payment terms are also a common source of error. Some individuals forget to specify the total amount due or the deposit required. Without clear payment terms, disputes can arise over what is owed and when. It’s important to ensure that all financial details are explicitly stated to avoid any confusion later.

Additionally, not addressing the Special Conditions section can lead to problems. If there are specific requirements or requests that need to be included, they should be clearly articulated. Leaving this section blank may result in unmet expectations or misunderstandings about what is included in the performance agreement.

Lastly, many people neglect to ensure that the contract is signed by authorized representatives. The signatory for the Hirer must have the authority to enter into agreements on behalf of the company or organization. If this is not the case, the contract may be deemed invalid. It’s essential to confirm that the correct individuals are signing the document to uphold its legality.

File Characteristics

Fact Name Description
Purpose of the Contract This contract establishes the terms for hiring an artist or band for a live performance, ensuring clarity and mutual understanding between the hirer and the artist.
Engagement Agreement The hirer agrees to engage the artist for a specified performance, detailing the name of the act, performance description, and number of personnel involved.
Performance Venue The contract requires the hirer to provide the venue details, including address and performance dates, ensuring all parties are informed about the location.
Cancellation Policy Cancellations must be communicated in writing, with specific notice periods outlined. Failure to comply may result in financial penalties for the hirer.
Payment Terms Payment details, including the final total and deposit amounts, must be clearly stated. The artist expects full payment shortly after the performance concludes.
Governing Law This contract is governed by the laws of the State of Western Australia, ensuring that any disputes are resolved under this jurisdiction.
Indemnity Clause The hirer agrees to indemnify the artist against any claims arising from the performance, protecting the artist from potential legal issues.

Form Sample

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) __________________________________

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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.