A Live Performance Contract is a formal agreement between a performer, such as a musician or band, and a hirer, which outlines the terms and conditions of a live performance. This contract ensures that both parties understand their rights and obligations, including performance details, payment terms, and cancellation policies. By completing this form, you can secure your live performance while protecting the interests of both the artist and the hirer.
To fill out the form, please click the button below.
When planning a live performance, whether it's a concert, festival, or private event, having a solid contract is essential. The Live Performance Contract form serves as a crucial tool for both the hirer and the artist, outlining the terms and conditions that govern their engagement. This form covers key aspects such as the names and contact details of both parties, the specifics of the performance including the venue, date, and time, and the number of musicians and crew involved. It also addresses travel arrangements, payment details, and cancellation policies, ensuring that both parties understand their obligations. Additionally, the contract includes provisions for set-up, insurance, and artistic control, which are vital for a smooth and successful event. By clearly defining expectations and responsibilities, this contract helps to prevent misunderstandings and disputes, allowing everyone to focus on delivering an unforgettable performance.
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.
Completing the Live Performance Contract form is an essential step in formalizing an agreement between the Hirer and the Artist. This process involves providing specific information about the performance, payment details, and other relevant arrangements. Following the steps below will ensure that all necessary information is accurately captured.
A Live Performance Contract is a formal agreement between a Hirer (the person or company hiring the artist) and an Artist or Band Leader. This document outlines the terms of engagement for a live performance, including details about the performance, payment, travel arrangements, and cancellation policies. It serves to protect both parties by clearly defining their rights and responsibilities.
When completing the Live Performance Contract, you will need to provide specific details such as:
Payment terms can vary based on the agreement between the Hirer and the Artist. The contract specifies a final total amount for the performance, which may include a deposit to be paid by a certain date. Additionally, the contract may outline a percentage of gross door takings as part of the payment structure. It's crucial to adhere to these payment timelines to avoid any issues.
If a performance needs to be canceled, the contract stipulates that written notice must be given to the other party. The cancellation notice period can be set at 7, 14, 21, or 28 days prior to the performance date. If the cancellation occurs within the specified period, the Hirer may be required to pay the full final total and any incurred travel costs. It is important to understand these terms to avoid financial penalties.
The Hirer is responsible for providing a safe and suitable performance venue. This includes ensuring that:
By fulfilling these obligations, the Hirer helps ensure a smooth and successful performance.
Yes, the Artist retains artistic control over the performance. This means they can substitute a competent replacement for any member of the band or crew who is unable to perform. Any substitutions will be documented in Schedule A of the contract. This flexibility allows the Artist to maintain the quality of the performance while accommodating unforeseen circumstances.
Incomplete Contact Information: Failing to provide complete and accurate 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 correctly.
Missing Performance Details: Not specifying the name of the act or the description of the performance can create confusion. Clearly outline the performance details to avoid misunderstandings.
Travel Arrangements Left Blank: Omitting travel and accommodation arrangements can lead to logistical problems. Decide whether the Hirer or the Artist will handle these details and fill in the appropriate sections.
Ignoring Cancellation Policy: Not understanding or failing to circle the appropriate cancellation period can result in financial penalties. Be sure to read and select the correct cancellation notice period.
Payment Terms Not Specified: Leaving the payment terms incomplete or vague can lead to disputes later. Clearly state the total payment amount, deposit, and any percentage of gross door takings to avoid confusion.
Neglecting Signatures: Forgetting to sign the contract or failing to have the appropriate parties sign can invalidate the agreement. Ensure that both the Hirer and the Artist sign and date the contract.
When engaging an artist or band for a live performance, several additional forms and documents may be necessary to ensure a smooth and professional experience. These documents help clarify responsibilities, manage expectations, and protect the interests of both parties involved. Below is a list of commonly used forms alongside the Live Performance Contract.
Having these documents in place can greatly enhance the professionalism of the event and protect the interests of both the artist and the hirer. Proper preparation and clear communication are key to a successful live performance.
The Live Performance Contract is akin to a Venue Rental Agreement. Both documents establish the terms under which a party can use a space for an event. In a Venue Rental Agreement, the renter is typically responsible for the venue's condition and compliance with local laws, much like the Hirer in the Live Performance Contract must ensure safe working conditions for the Artist. Both contracts outline payment terms, including deposits and final payments, and specify cancellation policies. These similarities underscore the importance of clear communication and mutual understanding in event planning.
Another document similar to the Live Performance Contract is the Service Agreement. This type of agreement is often used when hiring professionals for various services, including entertainment. Like the Live Performance Contract, a Service Agreement defines the scope of work, payment terms, and cancellation clauses. Both documents aim to protect the interests of the parties involved by clearly delineating responsibilities and expectations. In both cases, the need for mutual consent and understanding is paramount to avoid potential disputes.
The Event Planning Contract shares many features with the Live Performance Contract. This document outlines the roles and responsibilities of each party in organizing an event, similar to how the Live Performance Contract details the obligations of both the Hirer and the Artist. Both contracts typically include clauses related to payment, cancellation, and liability. They serve to ensure that all parties are on the same page regarding the event's execution and the expectations surrounding it, thereby fostering a smoother planning process.
A Talent Release Agreement also bears resemblance to the Live Performance Contract. This document is often used when recording or broadcasting a performance and grants permission for the use of an artist's image or performance. Like the Live Performance Contract, it includes terms regarding compensation and the rights of the parties involved. Both documents emphasize the need for consent and clarity, ensuring that artists are fairly compensated and their rights are protected.
The Booking Agreement is another document that aligns closely with the Live Performance Contract. This agreement typically outlines the terms under which an artist is booked for a performance, including payment, performance details, and cancellation policies. Just as the Live Performance Contract specifies the roles of the Hirer and the Artist, a Booking Agreement clearly delineates the expectations and obligations of both parties, thereby minimizing misunderstandings and fostering a professional relationship.
Finally, the Licensing Agreement can be compared to the Live Performance Contract in terms of establishing the rights and responsibilities of parties involved in a performance. This type of agreement often pertains to the use of copyrighted material, ensuring that all parties understand how the material can be used and the compensation involved. Like the Live Performance Contract, a Licensing Agreement includes terms regarding payment and compliance with legal standards, reinforcing the importance of clear communication in any artistic endeavor.
Do's:
Don'ts:
Many people believe that contracts are only needed for big performances or high-profile artists. In reality, having a contract for any performance, regardless of size, helps protect both the artist and the hirer. It clearly outlines expectations, responsibilities, and payment terms, which can prevent misunderstandings.
Some may think that a contract is set in stone once it is signed. However, contracts can be amended if both parties agree to the changes. It’s important to document any modifications in writing to ensure clarity and mutual understanding.
There is a common belief that artists can simply cancel their performance at any time without repercussions. In fact, the contract specifies that cancellations must be made with written notice and within a certain time frame. Failure to do so can result in financial penalties.
Many hirers assume that they can delay payment until after the performance. However, the contract typically stipulates that a deposit is due before the event, and the final payment must be made shortly after the performance concludes. This ensures that the artist is compensated promptly.
Some may think that the artist is solely responsible for all performance-related needs. However, the contract clearly outlines the hirer’s obligations, including providing a safe venue, necessary equipment, and adequate power supply. This ensures a smooth performance environment for everyone involved.
It is often assumed that contracts primarily protect the artist. In truth, the Live Performance Contract is designed to protect both parties. It sets clear expectations and safeguards the interests of both the hirer and the artist, ensuring a successful collaboration.
Filling out and using the Live Performance Contract form is essential for ensuring a smooth engagement between the Hirer and the Artist. Here are key takeaways to keep in mind:
By keeping these points in mind, both the Hirer and the Artist can foster a professional and successful live performance experience.
Online Wedding Certificate - Can be required during proceedings of estate planning.
Dd 214 - It is a vital part of preserving the history of military service for individuals.