The Live Performance Contract is a formal agreement between a hirer and an artist or band leader, outlining the terms and conditions for a live performance. This contract ensures that both parties understand their responsibilities, including payment details, performance specifics, and cancellation policies. By clearly defining these elements, the contract aims to facilitate a smooth and successful event.
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The Live Performance Contract form is an essential document that outlines the terms and conditions between a hirer and an artist or band for live performances. This contract serves as a comprehensive agreement, detailing the specifics of the engagement, including the name of the artist, the performance description, and the number of musicians involved. It specifies the venue and performance dates, ensuring both parties are clear on where and when the event will take place. Travel arrangements, including transportation, accommodation, and meal provisions, are also addressed, providing clarity on who is responsible for these costs. The contract emphasizes the importance of confirming the booking through a signed agreement, which must be returned at least seven days before the performance. Additionally, it covers cancellation policies, payment terms, and responsibilities related to setup and equipment. By clearly defining these aspects, the Live Performance Contract form helps protect the interests of both the artist and the hirer, ensuring a smooth and successful event.
When working with a Live Performance Contract, several other forms and documents can help ensure everything runs smoothly. Each of these documents plays a vital role in the overall process, providing clarity and structure to the agreement between the Hirer and the Artist.
Having these documents in place can significantly enhance communication and reduce misunderstandings. They help both the Hirer and the Artist prepare for a successful performance, ensuring that everyone is on the same page.
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) __________________________________
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
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) ………………………………….. …. … ..
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.
Completing the Live Performance Contract form is essential for formalizing the agreement between the Hirer and the Artist. Follow these steps carefully to ensure all necessary information is provided accurately.
The Performance Agreement is similar to the Live Performance Contract as it outlines the terms and conditions under which an artist will perform. This document typically includes details such as the date, time, and location of the performance, as well as payment arrangements. Like the Live Performance Contract, it emphasizes the need for clear communication between the artist and the hirer, ensuring that both parties understand their obligations. This clarity helps to prevent misunderstandings and provides a framework for resolving any disputes that may arise.
A Booking Agreement shares similarities with the Live Performance Contract in that it formalizes the engagement of an artist for a specific event. It usually includes the performance details, such as the type of act and the expected duration. Both documents serve to protect the interests of both parties, ensuring that the artist is compensated fairly while the hirer receives the agreed-upon performance. This mutual benefit is essential for maintaining a professional relationship in the entertainment industry.
The Talent Agreement is another document akin to the Live Performance Contract. This type of agreement is often used for various entertainment professionals, including actors and musicians. It details the terms of engagement, including payment, performance expectations, and cancellation policies. Similar to the Live Performance Contract, it aims to provide a clear understanding of each party's responsibilities, thereby reducing the likelihood of disputes.
A Venue Rental Agreement is also comparable to the Live Performance Contract, as it involves the use of a specific location for an event. This document outlines the terms under which the venue is rented, including rental fees, duration, and any restrictions on use. Both agreements emphasize the importance of adhering to regulations and ensuring that the event runs smoothly, highlighting the need for cooperation between the hirer and the venue owner.
The Event Production Agreement is another document that bears resemblance to the Live Performance Contract. This agreement details the responsibilities of the production team, including technical requirements, setup, and breakdown of equipment. Like the Live Performance Contract, it ensures that all parties involved understand their roles, which is crucial for a successful event. Clear expectations help to facilitate collaboration and minimize potential issues during the production process.
In addition to the aforementioned documents, it's important to recognize the significance of a Bill of Sale for Motorcycles, which serves as a vital record in the sale and transfer of motorcycle ownership. This document not only captures essential information about the buyer and seller but also ensures a clear understanding regarding the motorcycle itself. For more details on how to properly fill out this crucial document, you can refer to the Bill of Sale for Motorcycles.
A Sponsorship Agreement can also be likened to the Live Performance Contract in that it outlines the terms of support provided by a sponsor for an event. This document typically includes details about the financial contributions, promotional obligations, and benefits for both the sponsor and the event organizer. Both agreements aim to create a win-win situation, ensuring that all parties benefit from the arrangement while clarifying expectations and responsibilities.
Lastly, an Artist Management Agreement is similar to the Live Performance Contract as it establishes a working relationship between an artist and their manager. This document outlines the manager's responsibilities, including promoting the artist and negotiating contracts. Like the Live Performance Contract, it serves to protect the artist's interests while also ensuring that the manager has the authority to act on their behalf, fostering a productive partnership in the entertainment industry.
Form I-134 Affidavit of Support - Understanding the I-134 form is key for effective sponsorship.
To facilitate a seamless transfer of vehicle ownership, it is crucial to have the correct documentation in place, including the Georgia Motor Vehicle Bill of Sale form. This essential form not only confirms the change of ownership but also serves as a legal record of the transaction. For further details on how to complete this important document, access the document here and ensure you meet all requirements necessary for your vehicle transfer.
Mortgage Interest Statement - It can serve as a reference for your mortgage payments to verify your loan balance.
Misconception 1: The Live Performance Contract is only necessary for large events.
This is not true. Regardless of the size of the event, having a contract in place ensures that both the artist and the hirer understand their obligations and expectations. A contract protects everyone involved, no matter how big or small the performance may be.
Misconception 2: Once signed, the contract cannot be changed.
While it is important to finalize the details before signing, contracts can be amended if both parties agree to the changes. Communication is key. If circumstances change, it is essential to discuss these changes and document them appropriately.
Misconception 3: The artist is responsible for all travel and accommodation costs.
This is a common misunderstanding. The contract outlines specific responsibilities regarding travel, accommodation, and meals. Depending on the agreement, these costs may be covered by the hirer or arranged by the artist with prior agreement.
Misconception 4: The performance can be canceled without any consequences.
In reality, cancellation terms are clearly defined in the contract. If a performance is canceled without proper notice, the hirer may still be responsible for payment. Understanding these terms helps avoid unexpected costs.
Misconception 5: The artist has no control over the performance.
This is inaccurate. The contract specifies that the artist retains artistic control over their performance. This means they can make decisions about the content and execution of the show, ensuring it aligns with their vision.
Misconception 6: The contract does not protect the artist.
In fact, the contract includes clauses that protect the artist from various liabilities. It outlines responsibilities for the hirer, such as providing safe working conditions and insurance, which helps safeguard the artist during the performance.
Misconception 7: Payment terms are flexible and can be changed at any time.
This is misleading. The contract specifies payment terms that both parties must adhere to. Timely payment is crucial, and any deviations from the agreed terms should be discussed and documented to avoid misunderstandings.
Misconception 8: A verbal agreement is sufficient.
While verbal agreements may seem convenient, they lack the clarity and protection that a written contract provides. A signed contract serves as a legal document that outlines the expectations and responsibilities of both parties, minimizing the risk of disputes.