The Live Performance Contract is a formal agreement that outlines the terms and conditions under which a musician or band will perform at an event. This contract serves to protect both the artist and the hirer by clearly defining expectations regarding performance details, payment, and logistical arrangements. By establishing these parameters, both parties can ensure a successful and harmonious collaboration.
When it comes to securing live performances, a Live Performance Contract is an essential tool for both artists and hirers. This contract outlines the expectations and responsibilities of each party involved, ensuring that everyone is on the same page. Key components include the names and contact details of both the hirer and the artist or band leader, as well as specifics about the performance itself, such as the date, venue, and duration. The contract also addresses logistical concerns, including travel arrangements, accommodation, and meal provisions for the performers. Cancellation policies are clearly defined, protecting both parties in the event of unforeseen circumstances. Payment terms are laid out to avoid confusion, specifying deposits and final totals, while also addressing the handling of merchandise sales during the event. Furthermore, the contract emphasizes the importance of safety and compliance with local laws, ensuring a smooth and professional experience for everyone involved. By understanding the various aspects of this contract, both hirers and artists can foster a successful partnership that benefits all parties.
What is the purpose of the Live Performance Contract form?
The Live Performance Contract form serves as a formal agreement between the Hirer and the Artist for a live performance. It outlines the terms and conditions under which the Artist will perform, including details about the performance, payment, travel arrangements, and cancellation policies. This contract helps protect the rights and responsibilities of both parties involved.
How does one confirm a booking for a performance?
A booking is confirmed once the Hirer returns a signed copy of the contract to the Artist. This must be done at least seven days before the scheduled performance date. Without this confirmation, the Artist is not obligated to perform.
What are the cancellation policies outlined in the contract?
The contract stipulates that either party may cancel the performance by providing written notice within a specified timeframe, which can be 7, 14, 21, or 28 days before the performance date. If cancellation occurs without proper notice, the Hirer is responsible for the full payment of the agreed total, including any deposits or travel costs incurred.
What payment terms are specified in the contract?
The contract outlines the total payment amount for the performance, including a deposit that must be paid by a specified date. Additionally, if the payment is based on a percentage of gross door takings, that percentage is also detailed in the contract. Full payment is expected shortly after the conclusion of the performance.
What responsibilities does the Hirer have regarding the venue?
The Hirer must ensure that the venue is safe and meets all statutory requirements. This includes providing adequate staging, power supplies, and secure parking for the Artist and their personnel. The Hirer is also responsible for obtaining any necessary permits for the performance.
What happens if the performance is delayed or interrupted?
If a performance is delayed or interrupted due to circumstances beyond the Artist's control, the Hirer is still required to pay the full agreed total. The Artist is not obligated to extend their performance time unless they choose to do so.
Can the Artist sell merchandise during the performance?
Yes, the Artist has the right to display and sell merchandise during the performance, as well as 30 minutes before and after the event. This is to occur from a mutually agreed location without any payment owed to the Hirer.
What insurance requirements does the Hirer need to fulfill?
The Hirer is required to maintain specific insurance policies, including public liability insurance with a minimum coverage of $10 million, workers' compensation insurance, and property insurance for any equipment. This protects both the Artist and the Hirer against potential claims or damages.
What should be done if a dispute arises?
In the event of a dispute, both parties are encouraged to attempt to resolve the issue through negotiation before resorting to legal action. The contract specifies that the courts of Western Australia have exclusive jurisdiction for any disputes arising from this agreement.
1. Accurate Information is Essential: Ensure all fields are filled out completely and accurately. This includes names, addresses, contact numbers, and email addresses for both the Hirer and the Artist or Band Leader.
2. Confirm the Performance Details: Clearly outline the name of the act, the description of the performance, and the number of musicians and crew involved. This information is crucial for setting expectations.
3. Understand the Venue and Timing: Specify the performance venue and the exact date and time. If there are multiple dates, include them in Schedule B to avoid confusion.
4. Travel and Accommodation Arrangements: Clarify who is responsible for travel, accommodation, and meal costs. Choose either to have these costs included in the total or specify them separately.
5. Cancellation Policy: Be aware of the cancellation terms. Written notice must be given at least 7, 14, 21, or 28 days before the performance date, depending on your selection. Know that deposits and incurred costs are non-refundable.
6. Payment Terms: Ensure that payment details are clearly stated, including the total amount due and any deposit requirements. Payment should be made promptly after the performance.
7. Adhere to Safety and Legal Requirements: The Hirer must provide safe working conditions, including adequate staging and power supply. Compliance with all statutory requirements is essential to ensure a smooth performance.
Misconceptions about the Live Performance Contract form can lead to misunderstandings and complications for both the hirer and the artist. Here are nine common misconceptions, along with clarifications:
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.
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Incomplete Contact Information: Failing to provide full contact details for both the Hirer and the Artist can lead to communication issues. Ensure all fields, including phone numbers and email addresses, are filled out completely.
Incorrect Performance Details: Not specifying the correct name of the Act or Band and the description of the performance can create confusion. Double-check that these details accurately reflect the agreement.
Travel Arrangements Not Specified: Leaving the travel arrangements section blank or unclear can result in misunderstandings. Clearly state who is responsible for travel costs and arrangements to avoid disputes.
Missing Confirmation of Performance: Not returning a signed copy of the contract can lead to the performance not being confirmed. Ensure this step is completed at least 7 days before the performance date.
Improper Cancellation Notice: Failing to circle the appropriate cancellation notice period can result in penalties. Be sure to select the correct timeframe to avoid unexpected charges.
Payment Terms Left Unclear: Not specifying the Final Total and deposit amounts can lead to payment issues. Clearly outline all financial terms to ensure both parties understand their obligations.
Neglecting Special Conditions: Overlooking the section for special conditions can lead to important details being missed. Use this space to clarify any additional agreements or requirements.
Not Listing Personnel: Failing to complete Schedule A with the names of all personnel involved can create confusion on the day of the performance. Make sure to list everyone accurately.
Ignoring Insurance Requirements: Not addressing the insurance obligations can expose both parties to liability. Ensure that the necessary insurance policies are confirmed and in place.
Things to Do:
Things Not to Do:
The Performance Agreement is closely related to the Live Performance Contract. It outlines the terms under which an artist agrees to perform at a specific venue for a set fee. Both documents specify the parties involved, the performance details, and the payment structure. However, a Performance Agreement may include additional clauses regarding promotional obligations or specific technical requirements for the performance, which are often less detailed in a standard Live Performance Contract.
A Booking Agreement is another document similar to the Live Performance Contract. This type of agreement typically focuses on the logistics of booking an artist for a specific event. It includes details such as the date, time, and location of the event, along with the artist’s requirements. Unlike the Live Performance Contract, a Booking Agreement may not cover as many contingencies or legal protections, focusing instead on the essential details needed to secure the artist's participation.
The Talent Agreement shares similarities with the Live Performance Contract in that it formalizes the relationship between an artist and a hiring entity. This document often includes clauses about exclusivity, rights to recordings, and other intellectual property issues. While the Live Performance Contract emphasizes performance specifics, the Talent Agreement may delve deeper into broader business relationships and obligations beyond a single performance.
An Engagement Letter is also akin to the Live Performance Contract. It serves as a written confirmation of the terms under which an artist will perform. Engagement Letters often contain fewer legal protections than a full contract but still outline essential elements such as performance dates and payment details. This document is usually more informal and may be used for smaller events or less formal engagements.
A Service Agreement can be compared to the Live Performance Contract, as it details the terms of service provided by one party to another. In the context of live performance, it would cover the artist's obligations and the hirer's responsibilities. However, a Service Agreement may apply to a wider range of services beyond just performance, making it less specific than the Live Performance Contract.
A Rider is a document that often accompanies the Live Performance Contract. It details specific requests or requirements from the artist, such as technical needs, hospitality provisions, and other logistical details. While the Live Performance Contract sets the overall framework for the engagement, the Rider provides the finer details that ensure the artist can perform effectively and comfortably.
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The Memorandum of Understanding (MOU) is another related document. It outlines the intentions and understandings between parties before a formal contract is executed. An MOU can serve as a precursor to the Live Performance Contract, allowing parties to clarify their intentions and expectations without the binding legal implications of a contract.
The Non-Disclosure Agreement (NDA) can also be relevant in the context of live performances. While it does not directly address performance specifics, it protects confidential information shared between the artist and the hirer. This can be crucial in maintaining the integrity of proprietary content or promotional strategies, which may be discussed during contract negotiations.
Lastly, an Insurance Agreement may be considered similar in that it addresses the risk management aspects of a live performance. While the Live Performance Contract includes some insurance requirements, a separate Insurance Agreement would provide detailed coverage terms and conditions. This document is essential for protecting both the artist and the hirer from potential liabilities that may arise during the performance.