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Live Performance Contract Sample
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.
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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.
Instructions on Utilizing Live Performance Contract
To successfully fill out the Live Performance Contract form, gather all necessary information about the Hirer and the Artist. This process ensures that all parties are clear on the terms of engagement. Follow the steps below to complete the form accurately.
- Enter the Hirer’s name and trading name, including the ABN.
- Provide the Hirer’s full address, home/work phone number, mobile number, email address, and fax number.
- Fill in the Artist or Band Leader’s name and address. Include their home/work phone number, mobile number, email address, and fax number.
- Specify the name of the Act or Band in section 1(a).
- Describe the performance in section 1(b).
- Indicate the number of musicians and crew in section 1(c).
- Provide the venue name and full address in section 2(a).
- Enter the performance date in section 2(b) and the performance time or duration.
- For travel arrangements, complete either section 3(a) or 3(b) as applicable.
- Sign and date the contract for both the Hirer and the Artist.
- Ensure any special conditions are noted in the designated area.
- List the personnel in Schedule A and the performance dates in Schedule B.
After completing the form, review all entries for accuracy. Once confirmed, send a signed copy back to the Artist to finalize the booking.
Misconceptions
When it comes to the Live Performance Contract form, many people have misunderstandings that can lead to confusion or disputes. Here are eight common misconceptions, along with clarifications to help you navigate this important document.
- Misconception 1: The contract is not necessary if the artist and hirer have a verbal agreement.
- Misconception 2: The hirer can cancel the performance at any time without consequences.
- Misconception 3: The artist is responsible for all travel and accommodation costs.
- Misconception 4: Payment can be delayed without any repercussions.
- Misconception 5: The artist has no control over the performance content.
- Misconception 6: The hirer is not liable for any damages caused during the performance.
- Misconception 7: The contract is only for the artist’s benefit.
- Misconception 8: The contract can be ignored if both parties agree informally.
While verbal agreements may seem sufficient, they can lead to misunderstandings. A written contract provides clear terms and protects both parties in case of disputes.
This is not true. The contract specifies that cancellations must be made in writing and within a certain time frame. Failing to do so can result in financial penalties.
Actually, the contract outlines that the hirer is responsible for these expenses unless otherwise agreed upon. This ensures that artists are not burdened with additional costs.
Payment terms are clearly defined in the contract. The hirer must adhere to these timelines to avoid additional fees or complications.
In fact, the contract grants the artist full control over the artistic content of the performance. This ensures that the artist can present their work as intended.
This is incorrect. The contract states that the hirer must maintain safe working conditions and is responsible for any damages to the artist’s equipment caused by negligence.
The contract is designed to protect both parties. It establishes rights and responsibilities for the hirer and the artist, ensuring a fair agreement.
Any informal agreement cannot override the terms of the contract. It’s essential to follow the written terms to avoid legal complications.
Understanding these misconceptions can help both artists and hirers create a more effective and harmonious working relationship. Always refer to the contract for guidance and clarity.
Documents used along the form
When organizing a live performance, several important documents may accompany the Live Performance Contract form. Each of these documents serves a specific purpose and helps ensure that both the Hirer and the Artist are clear about their responsibilities and expectations.
- Performance Rider: This document outlines specific requirements that the Artist has for their performance, including technical needs, hospitality requests, and any additional provisions necessary for a successful show.
- Invoice: An invoice details the financial aspects of the agreement, including the total amount due, deposit requirements, and payment terms. This document helps track payments and ensures transparency in financial dealings.
- Insurance Certificate: The Hirer may need to provide proof of insurance coverage, including public liability and property insurance. This certificate protects both parties in case of accidents or damages during the performance.
- Technical Rider: This document specifies the technical requirements for the performance, such as sound equipment, lighting, and stage setup. It ensures that the venue can accommodate the Artist's needs for a successful performance.
- Cancellation Policy: This document outlines the terms and conditions under which either party can cancel the performance. It clarifies the notice period required and any financial implications of cancellation.
- Motorcycle Bill of Sale: To facilitate the sale of a motorcycle, it is essential to have a proper bill of sale which can be obtained from legalpdfdocs.com/, ensuring all necessary details are accurately documented for the transaction.
- Merchandise Agreement: If the Artist plans to sell merchandise at the event, this agreement will specify the terms, including the percentage of sales that may go to the venue or any restrictions on merchandise sales.
- Guest List: This document lists individuals who are allowed entry to the event, typically including family, friends, and industry professionals associated with the Artist. It helps manage access and security at the venue.
These documents, when used in conjunction with the Live Performance Contract, help create a clear and organized framework for the performance. They ensure that both the Hirer and the Artist have a mutual understanding of their obligations and expectations, contributing to a successful event.