The Live Performance Contract form serves as a formal agreement between a hirer and an artist or band leader for a live performance. This document outlines essential details such as performance dates, payment terms, and cancellation policies, ensuring both parties understand their obligations. By clearly defining the expectations and responsibilities, the contract aims to facilitate a smooth and successful live event.
A Live Performance Contract is a formal agreement between a hirer (the person or company hiring the artist) and the artist or band leader. This contract outlines the terms of engagement for live performances, including details about the performance, payment, travel arrangements, and cancellation policies.
As a hirer, you need to provide your name, business name, address, and contact information, including phone numbers and email. Additionally, you will need to specify the name of the act or band, the description of the performance, the number of musicians and crew involved, and the performance venue and times.
The contract allows for cancellation by either party, but it must be done in writing. The notice period required can be 7, 14, 21, or 28 days, depending on what is circled in the contract. If cancellation occurs without proper notice, the hirer is responsible for the full payment of the final total, and any deposits or travel costs incurred are non-refundable.
Payment terms are clearly outlined in the contract. The hirer must pay a deposit by a specified date and the remaining balance must be settled shortly after the performance concludes. If the payment is based on a percentage of gross door takings, this must be calculated and paid within a specified timeframe after the performance.
The hirer is responsible for providing a safe and suitable venue for the performance. This includes ensuring that all equipment is in good working order, providing adequate power supplies, and securing necessary permits. Additionally, the hirer must facilitate reasonable access for the artist and their crew for setup and sound checks.
Yes, the artist has the right to display and sell merchandise during the performance, as well as at least 30 minutes before and after the event. This should be done from a mutually agreed location within the venue, without any fees owed to the hirer.
If a performance is delayed or interrupted due to the hirer's actions or external factors like weather, the hirer is still obligated to pay the full final total. The artist is not required to extend their performance beyond the agreed time unless they choose to do so.
In the event of a dispute, both parties are encouraged to resolve the issue through negotiation before pursuing legal action. The contract specifies that disputes will be handled under the jurisdiction of the courts in Western Australia, and each party is responsible for their own legal costs unless otherwise stated.
Misconception 1: The Live Performance Contract is only necessary for large events.
Many believe that only major concerts require formal contracts. In reality, any live performance, regardless of size, benefits from a written agreement. This ensures clarity and protects both parties involved.
Misconception 2: Once signed, the contract cannot be changed.
Some assume that a contract is set in stone once signed. However, amendments can be made if both parties agree. It is important to document any changes in writing to maintain clarity.
Misconception 3: The artist is solely responsible for all travel arrangements.
There is a common belief that artists must handle their own travel logistics. The contract specifies that the hirer may be responsible for travel costs and arrangements, depending on the agreed terms.
Misconception 4: Cancellation policies are flexible and can be ignored.
Some individuals think they can cancel without following the specified procedures. The contract clearly outlines cancellation terms, including notice periods and potential penalties for non-compliance.
Misconception 5: Payment is due only after the performance.
It is often misunderstood that payment can be delayed until after the event. The contract states specific timelines for payment, including deposits and final payments, to ensure timely compensation for the artist.
Misconception 6: The hirer does not need to provide insurance.
Many people are unaware that the hirer is responsible for providing certain types of insurance. The contract explicitly requires the hirer to maintain public liability and other relevant insurance policies to protect both parties.
Incomplete Contact Information: Failing to provide complete contact details for both the Hirer and the Artist can lead to communication issues. Ensure all fields, including names, addresses, phone numbers, and emails, are filled out accurately.
Incorrect Performance Details: Not specifying the name of the act or the description of the performance can create confusion. Clearly state the act's name and provide a detailed description of the performance to avoid misunderstandings.
Travel Arrangements Not Specified: Omitting travel and accommodation arrangements can result in logistical challenges. Clearly indicate who is responsible for these costs and the details surrounding them to ensure smooth execution.
Missing Signatures: A contract is not valid without signatures from both parties. Ensure that both the Hirer and the Artist sign the contract and include the date of signing. This step is crucial for confirming the agreement.
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.
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