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Live Performance Contract Preview
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 |
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PERFORMANCE VENUE AND TIMES If a residency (more than 1 booked gig) then list dates at Schedule B (reverse side) |
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2(a) |
At ____________________________________________________________________________(venue and full address) |
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2(b) |
On _______________________ (date) or as set out in Sch. B for performance from __________(time) to _________(time) |
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or for a period of _________________________(less breaks) |
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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, |
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personnel accommodation and meal costs, which will be arranged by the Artist. Travel total to be paid no later than 5pm |
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on __________________________(date) |
3(b) |
The Hirer will transport all equipment and provide travel, __________ night/s accommodation per person and _______ |
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meals per person per day for personnel. Confirmation in writing of these arrangements and all tickets, accommodation and |
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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 |
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(The signatory of the Hirer warrants that they have authority to enter this agreement on behalf of the Hirer) |
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SIGNED ____________________________________ (Artist) __________________________________ |
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by or on behalf of |
PRINT NAME |
SIGNATURE |
DATE |
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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
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 |
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©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.
Documents used along the form
When organizing a live performance, several important documents accompany the Live Performance Contract to ensure clarity and protect the interests of all parties involved. Each of these documents serves a specific purpose and helps outline the expectations and responsibilities of the hirer and the artist.
- Rider Agreement: This document details specific requirements or requests from the artist regarding their performance. It may include technical needs, catering requests, or other amenities that the artist expects to be provided by the hirer. The rider ensures that the performance environment meets the artist's standards for comfort and professionalism.
- Performance Schedule: This schedule outlines the dates, times, and locations of the performances. It serves as a timeline for both the artist and the hirer, ensuring that everyone is aware of when and where each performance will take place. This document is essential for coordinating logistics and avoiding scheduling conflicts.
- Room Rental Agreement: This legally binding document establishes terms between landlords and tenants for room rentals, highlighting essential elements such as rent and utilities. For more information, visit nypdfforms.com/room-rental-agreement-form/.
- Payment Agreement: This document specifies the payment terms for the performance, including the total fee, deposit amounts, and payment deadlines. It helps to clarify how and when the artist will be compensated, reducing the risk of misunderstandings related to financial matters.
- Insurance Certificates: The hirer may be required to provide proof of insurance coverage, including liability and property insurance. This document protects both the artist and the hirer from potential legal claims or damages that may arise during the performance. It ensures that both parties are prepared for unforeseen circumstances.
These documents work together with the Live Performance Contract to create a comprehensive framework for the engagement. By clearly defining roles, responsibilities, and expectations, they help facilitate a smooth and successful live performance experience for everyone involved.
Similar forms
- Performance Agreement: Similar to a Live Performance Contract, a Performance Agreement outlines the terms under which an artist will perform. It includes details such as performance dates, location, and payment terms, ensuring both parties understand their obligations.
- Employment Verification Form: For validating employment status, consider the detailed guide on Employment Verification processes to streamline administrative tasks related to income confirmation.
- Booking Agreement: A Booking Agreement is used to secure an artist for a specific event. Like the Live Performance Contract, it details the artist's performance, payment structure, and cancellation policies, providing clarity and protection for both parties.
- Service Agreement: This document governs the provision of services, including performances. It shares similarities with the Live Performance Contract in that it specifies the scope of work, payment terms, and responsibilities of each party involved.
- Venue Rental Agreement: A Venue Rental Agreement outlines the terms under which a venue is rented for an event. It parallels the Live Performance Contract by detailing the venue's obligations, rental fees, and any specific requirements for the event.
- Merchandising Agreement: This agreement governs the sale of merchandise during an event. It is akin to the Live Performance Contract in that it establishes terms for sales, revenue sharing, and responsibilities regarding merchandise display and sales logistics.
Misconceptions
Misconceptions about the Live Performance Contract form can lead to confusion and misunderstandings. Here are nine common misconceptions and their clarifications:
- All performances are automatically confirmed upon signing. A performance is not confirmed until the Artist receives a signed copy of the contract from the Hirer.
- The Hirer is not responsible for travel arrangements. The contract specifies that the Hirer must either pay for travel or provide transportation and accommodations for the Artist and crew.
- Cancellations can be made without notice. The contract requires written notice of cancellation at least 7, 14, 21, or 28 days in advance, depending on what is circled in the contract.
- The Artist has no control over the performance content. The Artist maintains artistic control over the performance and can substitute personnel if necessary.
- Payment can be delayed. The Hirer must pay the full balance within 15 minutes of the performance's conclusion, or within 30 minutes if it is based on door takings.
- Insurance is optional. The Hirer is required to provide specific insurance policies, including public liability and workers' compensation insurance.
- Merchandise sales are restricted. The Artist has the right to sell merchandise during the performance without any payment to the Hirer.
- Disputes must be resolved in any jurisdiction. The contract specifies that disputes will be governed exclusively by the laws of the State of Western Australia.
- All notices can be verbal. Notices must be in writing and sent to the addresses listed in the contract for both parties to be effective.
Understanding these points can help ensure a smoother experience for both the Hirer and the Artist.
Understanding Live Performance Contract
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What is a Live Performance Contract?
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 the performance, including details such as the date, time, location, and payment arrangements. It serves to protect both parties by clearly defining their responsibilities and expectations.
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What details are required from the Hirer?
The Hirer must provide their name, business name (if applicable), address, and contact information, including phone numbers and email. This information ensures that both parties can communicate effectively and that the Artist knows who they are working with.
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What information does the Artist need to provide?
The Artist or Band Leader must provide their name, address, and contact details. If there are multiple members in the band, the Band Leader acts as the representative for all personnel listed in the contract. This clarity helps in managing communications and expectations.
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How is the payment structured in the contract?
Payment details are specified in the contract. The Hirer agrees to pay a final total amount for the performance, which may include a deposit and possibly a percentage of the gross door takings. Payment terms, including deadlines for deposit and final payment, are clearly outlined to ensure both parties understand their financial obligations.
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What happens if a performance needs to be canceled?
If either party needs to cancel the performance, written notice must be provided a specified number of days in advance. The contract allows for cancellation periods of 7, 14, 21, or 28 days. If proper notice is not given, the Hirer is responsible for paying the full final total, including any deposits or incurred travel costs.
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What are the responsibilities of the Hirer regarding the performance venue?
The Hirer must ensure that the venue is safe and compliant with 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 facilitating access to the venue for setup and sound checks.
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Can the Artist sell merchandise during the performance?
Yes, the Artist has the right to display and sell merchandise during the performance and for a specified time before and after. This allows the Artist to promote their work and potentially earn additional income without any payment owed to the Hirer for this opportunity.
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What is the dispute resolution process outlined in the contract?
The contract states that disputes will be resolved in the courts of the State of Western Australia. Before taking legal action, both parties must attempt to settle any disagreements through negotiation. Each party is responsible for their own legal costs unless the Artist is successful in a dispute, in which case the Hirer must cover those costs.