Structure
Misconceptions
Misconception 1: The Live Performance Contract is only for large events.
This contract is suitable for performances of any size, whether it’s a small local gig or a large festival. It provides a clear framework for both the hirer and the artist, ensuring that everyone understands their responsibilities.
Misconception 2: Once signed, the contract cannot be changed.
While a signed contract is binding, it can be amended if both parties agree. Changes should be documented in writing to avoid misunderstandings later on.
Misconception 3: The hirer is not responsible for any damages during the performance.
The contract clearly states that the hirer must provide safe working conditions. If any of the artist’s equipment is damaged due to negligence, the hirer may be held liable for repair or replacement costs.
Misconception 4: The artist can cancel the performance without any notice.
Artists are required to provide written notice if they need to cancel. The contract outlines specific cancellation periods, ensuring that both parties have clarity on the process.
Misconception 5: Payment terms are flexible and can be ignored.
Payment terms are explicitly stated in the contract. The hirer must adhere to these terms, including the timing of payments, to avoid any potential disputes.
Misconception 6: The contract does not cover travel and accommodation arrangements.
The contract includes provisions for travel, accommodation, and meal costs. It specifies how these expenses will be handled, ensuring that both parties are on the same page.
Misconception 7: The artist has complete control over the performance without any input from the hirer.
While the artist retains artistic control, the contract allows the hirer to provide reasonable instructions regarding the performance. This balance helps maintain a professional environment for both parties.
Detailed Steps for Filling Out Live Performance Contract
Filling out the Live Performance Contract form is an important step in securing a performance agreement between the Hirer and the Artist. To ensure everything is completed accurately, follow these steps carefully.
- Enter Hirer Information: Fill in the name of the person or company hiring the artist, along with the trading name, address, phone numbers, email, and fax number.
- Artist/Band Leader Information: Provide the name and address of the Artist or Band Leader, including their contact information.
- Agreement Details: Specify the name of the Act or Band, describe the performance, and indicate the number of musicians and crew involved.
- Performance Venue and Times: List the venue's full address and the date of the performance. If applicable, include the performance time or duration.
- Travel Arrangements: Choose one of the travel options and fill in the necessary details, including any travel costs or accommodation arrangements.
- Confirmation of Performance: Acknowledge that the booking is not confirmed until a signed contract is returned at least 7 days before the performance date.
- Cancellation Policy: Circle the appropriate cancellation notice period (7, 14, 21, or 28 days) and understand the implications regarding deposits and costs.
- Payment Details: Fill in the final total amount for the performance, the deposit amount, and any percentage of gross door takings if applicable.
- Signatures: Both the Hirer and the Artist must sign and date the contract, ensuring that the signatory for the Hirer has the authority to enter into the agreement.
- Additional Information: Complete any special conditions, catering requests, and lists of personnel or performance dates as needed.
Once you have filled out the form, review it for accuracy before submitting it. Having everything in order will help ensure a smooth performance experience for everyone involved.
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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 |
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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)
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SCHEDULE B – Dates of performance
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5.
9.
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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 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.
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Dos and Don'ts
When filling out the Live Performance Contract form, it's essential to approach the task with care and attention. Here are seven important do's and don'ts to keep in mind:
- Do read the entire contract thoroughly before filling it out. Understanding the terms is crucial.
- Do provide accurate information for both the Hirer and the Artist. Double-check names, contact details, and addresses.
- Do specify the performance details clearly, including the name of the act and the description of the performance.
- Do confirm the travel arrangements and payment details. Make sure all costs are clearly outlined.
- Don't skip any sections of the form. Each part is important for the contract's validity.
- Don't forget to sign and date the contract. An unsigned contract may not be enforceable.
- Don't assume that verbal agreements are sufficient. Everything should be documented in the contract.
Key takeaways
Filling out and using the Live Performance Contract form is a critical step for both the Hirer and the Artist. Here are some key takeaways to consider:
- Accurate Information: Ensure that all names, addresses, and contact details are filled out correctly. This includes the Hirer's business name and the Artist's name, as well as their respective contact information.
- Performance Details: Clearly specify the name of the act or band, the nature of the performance, and the number of musicians and crew involved. This information is essential for both parties to understand the scope of the engagement.
- Travel Arrangements: Decide on travel logistics early. The contract allows for different arrangements regarding travel, accommodation, and meals. Choose the option that best suits your situation and ensure it is documented in the contract.
- Confirmation of Booking: A performance is not confirmed until both parties have signed the contract. The Hirer must return a signed copy at least seven days before the performance date to secure the booking.
- Cancellation Policy: Understand the cancellation terms outlined in the contract. Both parties must provide written notice within the specified time frame to avoid penalties. Be aware that deposits and incurred travel costs may not be refundable.
- Payment Terms: Payment details should be clearly outlined, including the final total and any deposit requirements. Payments are typically due shortly after the performance concludes, so plan accordingly.
- Insurance and Liability: The Hirer is responsible for providing appropriate insurance coverage, including public liability and workers' compensation. This protects both the Artist and the Hirer from potential claims arising from the performance.
By following these key takeaways, both the Hirer and the Artist can ensure a smoother process and a successful performance. Understanding the terms of the contract is vital for a positive experience for all parties involved.
Similar forms
The Live Performance Contract form shares similarities with the Event Planning Agreement, which outlines the terms and conditions for organizing an event. Both documents establish clear expectations between the parties involved, including details about the performance or event, payment structures, and cancellation policies. Just as the Live Performance Contract specifies the artist's obligations and the hirer's responsibilities, an Event Planning Agreement will detail the roles of the event planner and the client. This ensures that both parties understand their commitments and the consequences of any changes or cancellations.
Another document akin to the Live Performance Contract is the Venue Rental Agreement. This agreement typically governs the use of a space for events, much like how the Live Performance Contract covers the specifics of a performance at a venue. Both contracts detail the venue's requirements, including setup and load-out times, insurance provisions, and any necessary permits. Additionally, they address payment terms and conditions, ensuring that both the venue owner and the hirer are aligned on expectations and obligations.
The Artist Management Agreement is also comparable to the Live Performance Contract, as it delineates the relationship between an artist and their manager. This type of contract outlines the manager's duties, including securing performances and handling financial arrangements, similar to how the Live Performance Contract details the artist's performance obligations and payment terms. Both documents emphasize the importance of clear communication and mutual agreement on the terms of engagement to foster a successful working relationship.
Furthermore, the Talent Release Form bears resemblance to the Live Performance Contract, particularly in its focus on rights and permissions. A Talent Release Form typically grants permission for the use of an artist's image or performance in promotional materials. Like the Live Performance Contract, it ensures that all parties understand their rights and responsibilities, including any limitations on the use of the artist's likeness or performance. This helps prevent misunderstandings and protects the interests of both the artist and the hirer.
Lastly, the Sponsorship Agreement is similar in nature to the Live Performance Contract, as both documents establish a partnership between parties for mutual benefit. A Sponsorship Agreement outlines the terms under which a sponsor provides financial support in exchange for promotional opportunities, akin to how the Live Performance Contract details the artist's performance in return for payment. Both agreements emphasize the need for clear deliverables and expectations, ensuring that all parties are aware of their commitments and the potential consequences of failing to meet them.
Documents used along the form
When engaging in a live performance, several documents often accompany the Live Performance Contract form. Each of these documents plays a crucial role in ensuring that both the hirer and the artist have a clear understanding of their rights and responsibilities. Below is a list of commonly used forms and documents.
- Rider Agreement: This document outlines specific requirements that the artist may have for their performance. It can include technical specifications, hospitality needs, and other requests that must be met by the hirer.
- Invoice: An invoice is issued by the artist or their management to the hirer, detailing the payment amount due for the performance. It serves as a formal request for payment and includes information about the performance date, location, and agreed-upon fees.
- Event Permit: Depending on the venue and type of performance, an event permit may be required. This document ensures that the event complies with local regulations and laws, covering aspects like noise ordinances and safety requirements.
- Insurance Certificate: This document provides proof of insurance coverage, typically for public liability. It protects both the hirer and the artist from potential claims arising from accidents or damages during the event.
- Performance Schedule: A performance schedule outlines the timeline for the event, including setup times, performance start and end times, and any breaks. This document helps all parties involved stay organized and informed about the event's flow.
- Cancellation Policy: This document details the terms under which either party can cancel the performance. It specifies notice periods, potential fees, and any other conditions that apply in the event of a cancellation.
These documents work together to create a comprehensive framework for the live performance, helping to prevent misunderstandings and ensuring a successful event for everyone involved.