Table of Contents
When engaging artists for live performances, it is essential to have a clear and comprehensive Live Performance Contract in place. This contract serves as a formal agreement between the Hirer, who is the individual or company hiring the artist, and the Artist or Band Leader, who will perform at the specified venue. Key elements of this contract include details about the performance, such as the name of the act, a description of the performance, and the number of musicians and crew involved. The contract also outlines the performance venue and times, ensuring both parties are aware of the logistics. Travel arrangements, including transport, accommodation, and meal provisions, are addressed to avoid any misunderstandings. Furthermore, the contract stipulates the payment terms, including the final total and deposit amounts, along with conditions for cancellation and confirmation of the performance. Important provisions regarding artistic control, insurance requirements, and dispute resolution are included to protect the interests of both the Hirer and the Artist. By clearly defining these aspects, the Live Performance Contract not only facilitates a smooth collaboration but also fosters a respectful and professional relationship between all parties involved.
Document Specifics
| Fact Name | Details |
|---|---|
| Purpose of the Contract | This contract serves to outline the terms of engagement between the Hirer and the Artist for live performances. |
| Hirer Information | The Hirer must provide their name, trading name, address, and contact details, including phone and email. |
| Artist Identification | The Artist or Band Leader's name and contact information are required, along with a reference to Schedule A for personnel details. |
| Performance Details | The contract specifies the name of the act, description of the performance, and the number of musicians and crew involved. |
| Confirmation Requirement | A booking is only confirmed when the signed contract is received by the Artist, at least 7 days before the performance date. |
| Cancellation Policy | Cancellations must be made in writing, with a notice period of 7, 14, 21, or 28 days, depending on the selected option. |
| Payment Terms | The contract outlines the final total payment, deposit requirements, and conditions for percentage-based payments from door takings. |
| Insurance Obligations | The Hirer is responsible for providing public liability insurance, workers' compensation, and property insurance for equipment. |
| Governing Law | This agreement is governed by the laws of the State of Western Australia (WA), which also provides jurisdiction for disputes. |
| Merchandise Rights | The Artist retains the right to sell merchandise during and after the performance, without any payment to the Hirer. |
Similar forms
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Performance Agreement: Similar to a Live Performance Contract, a Performance Agreement outlines the terms of engagement between an artist and a venue or promoter. Both documents detail performance specifics, payment terms, and cancellation policies, ensuring clarity for both parties.
- Non-disclosure Agreement: This crucial document safeguards sensitive information shared between parties in the creative industry. Understanding its terms is essential for protecting intellectual property, as detailed in https://nytemplates.com/blank-non-disclosure-agreement-template/.
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Booking Agreement: A Booking Agreement is used to secure an artist for a specific date or series of dates. Like the Live Performance Contract, it includes details about the performance, fees, and logistical arrangements, providing a framework for the engagement.
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Service Agreement: This type of agreement can apply to various services, including artistic performances. It shares similarities with the Live Performance Contract in that it specifies the services to be provided, payment arrangements, and responsibilities of both parties.
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Venue Rental Agreement: A Venue Rental Agreement governs the rental of a space for events. It is similar in that it includes terms regarding the use of the venue, payment, and responsibilities, ensuring both the venue owner and the hirer understand their obligations.
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Merchandise Agreement: This document outlines the terms for selling merchandise at performances. It aligns with the Live Performance Contract by addressing rights, responsibilities, and revenue sharing related to merchandise sales during events.
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Collaboration Agreement: When artists collaborate on a project, a Collaboration Agreement may be used. Like the Live Performance Contract, it clarifies the roles, contributions, and compensation for each party involved in the performance.
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Talent Release Form: A Talent Release Form is often used to obtain permission from performers to use their likeness or performance in media. It is akin to the Live Performance Contract as it ensures both parties agree on the terms of use and compensation for the artist's contributions.
Live Performance Contract Example
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) |
|
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) ___________________________________ |
/ |
/ 20 |
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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) |
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SIGNED ____________________________________ (Artist) __________________________________ |
/ |
/ 20 |
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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) ………………………………….. …. … .. |
/ |
/ 20 |
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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.
Understanding Live Performance Contract
What is the purpose of the Live Performance Contract form?
The Live Performance Contract form serves as a formal agreement between a Hirer, who is typically a person or company booking a performance, and the Artist or Band Leader providing the performance. This contract outlines the terms of engagement, including performance details, payment arrangements, and responsibilities of both parties. It ensures clarity and protects the interests of everyone involved in the live performance.
What information is required from the Hirer?
The Hirer must provide their name, business name (if applicable), Australian Business Number (ABN), address, and contact details, including home/work phone, mobile, email, and fax. This information is essential for establishing the identity of the Hirer and for communication purposes throughout the engagement.
What details about the Artist need to be included?
The Artist or Band Leader’s name, address, and contact information must be specified in the contract. If there are multiple performers, the Band Leader acts as the agent for the entire group. This ensures that all personnel are covered under the agreement and that communication flows through the designated representative.
How are performance details outlined in the contract?
The contract requires the Hirer to specify the name of the act or band, a description of the performance, and the number of musicians and crew involved. Additionally, the performance venue, date, and time must be clearly stated. This information is crucial for setting expectations and ensuring that both parties are aligned on the specifics of the engagement.
What are the cancellation terms?
The contract stipulates that cancellation must be communicated in writing and received by the other party at least 7, 14, 21, or 28 days prior to the performance date, depending on what is circled in the contract. If the performance is canceled without proper notice, the Hirer may still be responsible for the full payment. Understanding these terms helps both parties manage their commitments and potential financial implications.
What payment terms are included in the contract?
The contract outlines the total payment amount for the performance, including any deposit required. It specifies when payment is due, typically within 15 minutes of the performance's conclusion. If a percentage of door takings is agreed upon, payment must be made within 30 minutes after each performance. This clarity helps ensure timely compensation for the Artist.
What responsibilities does the Hirer have regarding the venue?
The Hirer is responsible for providing reasonable access to the venue for setup, sound checks, and load out after the performance. They must also ensure that all equipment and facilities are in good working order and comply with safety regulations. This includes providing adequate power supplies and maintaining safe working conditions for the Artist and personnel.
What happens if there are delays or interruptions during the performance?
If a performance is delayed, interrupted, or finishes early due to the Hirer’s actions or external factors like weather, the Hirer is still obligated to pay the full agreed amount. The Artist is not required to extend the performance time unless they choose to do so. This clause protects the Artist's rights and ensures they are compensated for their time and effort.
Dos and Don'ts
When filling out the Live Performance Contract form, it is essential to approach the process with care. Below is a list of things to do and avoid to ensure a smooth experience.
- Do double-check all personal and business information for accuracy.
- Do clearly outline the performance details, including the name of the act and description of the performance.
- Do confirm travel arrangements and costs, ensuring they are agreed upon in writing.
- Do return the signed contract at least seven days before the performance date to secure the booking.
- Don't neglect to specify the number of musicians and crew involved in the performance.
- Don't forget to provide a clear cancellation policy and adhere to the notice period required.
- Don't leave out details regarding payment terms, including deposits and final totals.
- Don't overlook the importance of insurance requirements for the performance.
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