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The Live Performance Contract form serves as a crucial tool for both artists and hirers, outlining the terms and conditions under which a live performance will take place. This contract includes essential details such as the names and contact information of both parties, the specific performance being engaged, and the number of musicians and crew involved. It sets forth the performance venue and times, ensuring clarity on when and where the event will occur. Financial arrangements are clearly laid out, detailing the total payment, deposit requirements, and any applicable percentages of door takings. The contract also addresses logistical aspects, including travel, accommodation, and meal provisions for the artist and crew. Importantly, it stipulates cancellation policies, ensuring that both parties understand their rights and obligations in the event of a cancellation. Additionally, the document emphasizes the responsibilities of the hirer regarding staging, power supply, and insurance, safeguarding the interests of the artist. By signing this contract, both parties agree to adhere to the outlined terms, fostering a professional and respectful relationship throughout the performance engagement.

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Dos and Don'ts

When filling out the Live Performance Contract form, here are eight important do's and don'ts:

  • Do provide accurate information for both the Hirer and the Artist/Band Leader, including names, contact details, and addresses.
  • Do specify the exact performance details, including the name of the act and a clear description of the performance.
  • Do confirm the performance date and venue, ensuring all details are correct and complete.
  • Do indicate any travel arrangements, including costs and accommodations, and ensure they are agreed upon in writing.
  • Don't forget to sign and date the contract; an unsigned contract is not valid.
  • Don't leave out the cancellation policy; make sure you understand the required notice period.
  • Don't assume the performance is booked until you receive a signed copy back from the Artist.
  • Don't overlook the importance of clear communication regarding payment terms and conditions.

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

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) __________________________________

/

/ 20

by or on behalf of

PRINT NAME

SIGNATURE

DATE

 

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 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) ………………………………….. …. … ..

/

/ 20

PRINT NAME

SIGNATURE

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.

Listed Questions and Answers

  1. 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 and conditions under which the artist will perform, including details about the performance, payment, and cancellation policies.

  2. What information do I need to fill out?

    You will need to provide specific details such as the names and contact information for both the Hirer and the Artist. Additionally, you must specify the name of the act or band, the description of the performance, the venue, and the performance dates and times. Financial details, such as the total payment and any deposits, must also be included.

  3. How is payment structured in the contract?

    The payment structure can vary. You may need to specify a final total amount for the performance, a deposit due by a certain date, or a percentage of gross door takings. It’s important to clearly outline when payments are due, such as immediately after the performance or within a specified timeframe.

  4. What happens if I need to cancel the performance?

    Cancellations must be communicated in writing and received by the other party within a specified notice period, which can be 7, 14, 21, or 28 days before the performance date. If proper notice isn’t given, the Hirer is responsible for the full payment, including any deposits and incurred travel costs.

  5. What are the responsibilities of the Hirer regarding the venue?

    The Hirer is responsible for providing a safe and suitable venue, including adequate power supplies, secure parking for the artist and personnel, and compliance with all local laws and regulations. They must also ensure that all equipment and facilities are in good working order.

  6. Can the Artist sell merchandise at the performance?

    Yes, the Artist has the right to display and sell merchandise during the performance and for at least 30 minutes before and after. This can be done without any payment to the Hirer, provided a mutually agreed position is established for selling.

  7. What 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 their performance time unless they choose to do so.

  8. What is the role of insurance in the contract?

    The Hirer must maintain specific insurance policies, including public liability and workers' compensation. This protects both the Artist and the Hirer from potential claims arising from the performance. It’s crucial to ensure these policies are in place to avoid any liability issues.

Form Overview

Fact Name Details
Parties Involved The contract is between the Hirer, who is either an individual or a company, and the Artist or Band Leader. The Artist may represent additional personnel listed in Schedule A.
Performance Confirmation A performance is confirmed only when the Hirer returns a signed copy of the contract at least seven days prior to the performance date.
Cancellation Policy The performance can be canceled only with written notice received at least 7, 14, 21, or 28 days before the performance date, as selected by the Hirer.
Payment Terms The Hirer must pay the Final Total, which includes a deposit and possibly a percentage of gross door takings, within specified timeframes after the performance.
Governing Law This contract is governed by the laws of the State of Western Australia (WA).