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The Live Performance Contract form serves as a vital tool for both artists and hirers, ensuring that all parties understand their rights and obligations. This contract outlines essential details such as the names and contact information of the hirer and artist or band leader, the specifics of the performance, and the number of musicians involved. It also addresses performance venue and times, confirming the location and schedule for the event. Financial aspects are clearly defined, including total payment, deposit requirements, and any applicable percentages of door takings. Additionally, the contract covers travel arrangements, cancellation policies, and payment timelines, emphasizing the importance of written confirmations and the consequences of cancellations. It specifies the responsibilities of both parties regarding setup, insurance, and dispute resolution, ensuring that all legal bases are covered. With these elements in place, the Live Performance Contract aims to facilitate a smooth and professional engagement for live performances.

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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.

Form Specifications

Fact Name Description
Parties Involved The contract is between the Hirer (the person or company hiring the artist) and the Artist or Band Leader. This ensures clear communication and responsibility for both parties.
Performance Details It specifies the name of the act or band, the type of performance, and the number of musicians and crew involved. This clarity helps set expectations for the event.
Cancellation Policy The contract outlines a cancellation policy that requires written notice a certain number of days before the performance. This protects both parties by defining the terms under which a performance can be canceled.
Payment Terms It includes details on the final payment amount, deposit requirements, and any percentage of gross door takings. This ensures both parties are aware of the financial obligations involved.
Governing Law This contract is governed by the laws of the State of Western Australia (WA). This means that any legal disputes will be handled according to WA laws.
Insurance Requirements The Hirer must provide certain types of insurance, including public liability and workers' compensation. This helps protect both the Hirer and the Artist from potential liabilities.

Live Performance Contract: Usage Guidelines

Filling out the Live Performance Contract form is straightforward. Make sure to have all necessary information ready before you start. This will help ensure that the process goes smoothly and that all details are accurately captured.

  1. Start by entering the name of the Hirer (individual or company) in the first blank space.
  2. Next, provide the trading name of the business along with the ABN in the corresponding fields.
  3. Fill in the address of the Hirer, including home or work phone number, mobile number, email address, and fax number.
  4. Enter the name of the Artist or Band Leader in the designated space. If there are multiple members, note that the Band Leader will act as the agent for the others.
  5. Complete the Artist's address and contact details in the same manner as the Hirer.
  6. In section 1(a), specify the name of the Act or Band that will perform.
  7. For section 1(b), describe the performance that will take place.
  8. Indicate the number of musicians and crew in section 1(c) as listed at Schedule A.
  9. In section 2(a), provide the venue name and full address for the performance.
  10. Fill in the date of the performance in section 2(b) or reference Schedule B if multiple dates apply.
  11. Specify the performance times in the designated fields or note the duration in the provided space.
  12. In section 3(a), if applicable, state the travel total amount the Hirer will pay for personnel travel, accommodation, and meals.
  13. If the Hirer is responsible for transport and accommodation, complete section 3(b) with the necessary details.
  14. Confirm the performance by signing and returning the contract at least 7 days before the performance date.
  15. Circle the appropriate cancellation notice period in the cancellation section.
  16. Fill in the Final Total payment amount and the deposit amount in the payment section.
  17. Both the Hirer and Artist need to sign and date the contract at the bottom of the form.
  18. Complete any additional special conditions or requirements in the designated sections.
  19. List all personnel in Schedule A and all performance dates in Schedule B as needed.

Your Questions, Answered

What is the purpose of the Live Performance Contract?

The Live Performance Contract serves as a formal agreement between the Hirer and the Artist or Band Leader. It outlines the terms and conditions under which the Artist will perform, including details about the performance, payment, and responsibilities of both parties. This contract helps to ensure clarity and accountability, minimizing misunderstandings and disputes.

What information is required from the Hirer and the Artist?

Both parties must provide essential details in the contract. The Hirer needs to include their name, business name, address, and contact information. Similarly, the Artist or Band Leader must provide their name, address, and contact details. This information is crucial for communication and for legal identification within the contract.

How is payment structured in the Live Performance Contract?

Payment terms can vary based on the agreement between the Hirer and the Artist. The contract specifies a Final Total amount due for the performance, which may include a deposit. The Hirer might also agree to pay a percentage of gross door takings. Payment is typically expected shortly after the performance concludes, ensuring that the Artist is compensated promptly for their work.

What happens if the performance needs to be canceled?

If either party needs to cancel the performance, written notice must be provided within a specified timeframe, which can range from 7 to 28 days before the performance date. If proper notice is not given, the Hirer is responsible for the full payment. Additionally, any deposits or incurred travel costs are non-refundable, highlighting the importance of clear communication regarding cancellations.

What are the responsibilities of the Hirer regarding the performance venue?

The Hirer must ensure that the performance venue is safe and suitable for the Artist and their personnel. This includes providing adequate staging, power supplies, and secure parking. Furthermore, the Hirer must comply with all relevant laws and obtain necessary permits. These responsibilities help create a conducive environment for the performance and protect the Artist's well-being.

Can the Artist make changes to their performance lineup?

Yes, the Artist has the right to substitute any member of the band or personnel who is unable to perform. This flexibility allows the Artist to maintain the quality of the performance while ensuring that the show can go on, even in unforeseen circumstances.

What should be included in the Special Conditions section of the contract?

The Special Conditions section allows both parties to outline any additional terms that are specific to their agreement. This may include unique requests from the Artist, special arrangements regarding the performance, or any other stipulations that do not fit within the standard contract terms. It is important for both parties to discuss and agree upon these conditions to avoid confusion later on.

Common mistakes

  1. Failing to provide complete contact information for both the Hirer and the Artist/Band Leader. This includes missing phone numbers, email addresses, or physical addresses.

  2. Not specifying the performance details clearly. The description of the performance and the name of the act or band should be clearly stated to avoid confusion.

  3. Overlooking the travel arrangements section. Either the Hirer needs to pay for travel and accommodations or clearly outline their responsibilities regarding these arrangements.

  4. Neglecting to confirm the performance by returning a signed copy of the contract. A booking is not confirmed until this step is completed.

  5. Incorrectly completing the cancellation notice period. It's crucial to circle the appropriate cancellation period to avoid misunderstandings.

  6. Failing to include payment details. The final total, deposit amount, and payment deadlines must be clearly stated to ensure both parties are on the same page.

  7. Not listing all personnel in Schedule A. This can lead to issues regarding payment and responsibilities during the performance.

Documents used along the form

When engaging artists for live performances, several documents often accompany the Live Performance Contract. Each of these documents plays a vital role in ensuring clarity and protection for all parties involved. Here’s a brief overview of some commonly used forms.

  • Performance Rider: This document outlines specific requirements the artist may have for their performance, such as technical needs, hospitality requests, or equipment specifications. It ensures that the artist's needs are met for a successful show.
  • Invoice: An invoice details the financial aspects of the engagement, including the total fee, payment terms, and any additional costs. It serves as a formal request for payment from the hirer to the artist.
  • Insurance Certificate: This document proves that the hirer has the necessary insurance coverage, such as liability insurance. It protects both the artist and the hirer from potential legal claims arising from the performance.
  • Cancellation Policy: A separate document that specifies the terms under which either party can cancel the performance. It clarifies the notice period required and any financial implications of cancellation.
  • Merchandise Agreement: If the artist plans to sell merchandise at the event, this agreement outlines the terms and conditions for sales, including profit sharing and space allocation.
  • Technical Rider: Similar to a performance rider, this document focuses specifically on technical requirements, such as sound and lighting equipment. It ensures that the venue can accommodate the artist's needs for a successful performance.
  • Promotional Material Agreement: This document governs how the artist’s name, image, and performance details can be used in promotional materials. It protects the artist's brand while allowing the hirer to promote the event effectively.
  • Schedule of Performances: A detailed list of performance dates and times, often included as a separate document. This ensures both parties are clear about the engagement timeline.

Having these documents in place helps foster a professional relationship between the artist and the hirer. Clear agreements lead to smoother performances and minimize misunderstandings, creating a better experience for everyone involved.

Similar forms

  • Performance Agreement: Similar to a Live Performance Contract, a performance agreement outlines the terms and conditions under which an artist will perform. It specifies details such as the date, time, location, and payment terms, ensuring both parties understand their obligations.
  • Booking Agreement: This document is akin to a Live Performance Contract in that it formalizes the arrangement between an artist and a promoter or venue. It includes similar elements like performance details, payment structures, and cancellation policies.
  • Service Agreement: A service agreement is comparable as it defines the relationship between a service provider and a client. In the context of live performances, it can include terms regarding the services provided by the artist, such as performance quality and duration.
  • Venue Rental Agreement: This type of contract shares similarities with the Live Performance Contract by outlining the terms under which a venue is rented for a performance. It typically covers aspects like rental fees, duration of use, and responsibilities of both parties.
  • Merchandise Agreement: Like the Live Performance Contract, a merchandise agreement details the terms under which an artist can sell merchandise at events. It specifies revenue sharing, location for sales, and any limitations on what can be sold.
  • Employment Contract: While primarily used for hiring employees, an employment contract can resemble a Live Performance Contract when it outlines the terms of engagement for performers. It may include details about compensation, responsibilities, and duration of employment.

Dos and Don'ts

When filling out the Live Performance Contract form, it’s important to be thorough and accurate. Here’s a list of things you should and shouldn’t do to ensure a smooth process.

  • Do read the entire contract carefully before filling it out.
  • Do provide complete and accurate information for both the Hirer and the Artist/Band Leader.
  • Do specify the performance details clearly, including the name of the act and a description of the performance.
  • Do confirm the venue and performance times, ensuring they match what was discussed.
  • Do understand the cancellation policy and ensure you select the appropriate notice period.
  • Don't leave any sections blank; incomplete forms can lead to misunderstandings.
  • Don't forget to include payment details, including deposits and total fees.
  • Don't ignore the need for written confirmation of any arrangements made outside the contract.
  • Don't assume that verbal agreements are sufficient; everything should be documented in the contract.

By following these guidelines, you can help ensure that the Live Performance Contract is completed correctly and that both parties are clear on their obligations and expectations.

Misconceptions

Understanding the Live Performance Contract form can be challenging. Here are ten common misconceptions that often arise:

  • The contract is optional. Many believe that a contract is not necessary for live performances. However, a signed contract is essential for protecting both the artist and the hirer.
  • Cancellation policies are flexible. Some think they can cancel without consequences. In reality, cancellations must be made in writing and within specified timeframes to avoid penalties.
  • Payment terms are negotiable after signing. Once the contract is signed, the payment terms are binding. Any changes must be agreed upon in writing.
  • The artist can perform whatever they want. While artists have creative control, the performance must align with the agreed description in the contract.
  • Travel and accommodation costs are always covered. This is not guaranteed unless explicitly stated in the contract. The hirer must confirm arrangements in writing.
  • The artist is responsible for venue conditions. The hirer is responsible for providing a safe and compliant venue, including staging and power supply.
  • Merchandise sales are not allowed. In fact, artists typically have the right to sell merchandise during the performance without paying the hirer.
  • Disputes can be taken to any court. Disputes must be resolved in the jurisdiction specified in the contract, which is often limited to a specific state.
  • Insurance is optional. The hirer is required to maintain certain insurance policies to protect both parties during the performance.
  • All communications can be verbal. Important notices and agreements must be documented in writing to be effective under the contract.

Clarifying these misconceptions can help ensure a smoother experience for both artists and hirers in live performance agreements.

Key takeaways

Understanding the Live Performance Contract form is crucial for both the Hirer and the Artist. Here are five key takeaways to ensure a smooth and successful engagement.

  • Clear Identification: Fill in the full names and contact details of both the Hirer and the Artist. This includes business names, addresses, and phone numbers. Accurate information helps avoid confusion later.
  • Performance Details: Specify the name of the act and a detailed description of the performance. This clarity ensures both parties have the same expectations regarding the event.
  • Travel and Accommodation Arrangements: Clearly outline who is responsible for travel, accommodation, and meal costs. This section can prevent misunderstandings and financial disputes down the line.
  • Cancellation Policies: Understand the cancellation terms. Notice must be given in writing and within the specified timeframe. Failure to do so can result in full payment obligations.
  • Payment Structure: Be aware of the payment terms, including deposit amounts and deadlines. Ensure that payment is made promptly to avoid any complications after the performance.

By paying attention to these details, both the Hirer and the Artist can foster a professional relationship and minimize potential conflicts.