A Live Performance Contract is a legal document that outlines the agreement between a performer and a hirer for a live performance. This contract specifies essential details such as the performance venue, payment terms, and cancellation policies. Understanding this form can help ensure a smooth and successful event.
Ready to get started? Fill out the form by clicking the button below.
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 contract outlines the terms of the performance, including details like the date, time, venue, and payment arrangements. It ensures both parties understand their obligations and rights.
What information do I need to provide as a Hirer?
As a Hirer, you will need to provide your name, business name (if applicable), address, and contact information, including phone numbers and email. This information helps establish a clear line of communication and ensures that both parties can reach each other easily.
How is the payment structured in the contract?
The payment structure can vary. You might agree to a fixed amount for the performance or a percentage of the gross door takings. Additionally, a deposit is often required by a specific date, with the remaining balance due shortly after the performance concludes. Clear payment terms help avoid misunderstandings.
What happens if I need to cancel the performance?
If you need to cancel, you must provide written notice to the other party within a specified timeframe, which can range from 7 to 28 days before the performance date. Be aware that deposits and any incurred travel costs are typically non-refundable. If cancellation occurs without proper notice, you may still be liable for the full payment.
What are the responsibilities of the Hirer regarding the venue?
The Hirer must ensure the venue is safe and compliant with all relevant laws. This includes providing adequate staging, power supply, and secure parking for the Artist and their personnel. These responsibilities are crucial for a successful performance and to protect everyone involved.
Can the Artist sell merchandise at the performance?
Yes, the Artist has the right to display and sell merchandise during the performance and for a period before and after. This arrangement is typically agreed upon in advance and allows the Artist to promote their work while performing.
What should I do if there is a dispute regarding the contract?
In the event of a dispute, both parties should first attempt to resolve the issue through negotiation. If that fails, the contract specifies that disputes will be handled in the courts of Western Australia. Each party is responsible for their own legal costs unless the Artist prevails in the dispute.
What happens if the performance is delayed or interrupted?
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 agreed amount. The Artist is not required to extend the performance unless both parties agree to it.
What insurance is required by the Hirer?
The Hirer must maintain several types of insurance, including public liability insurance, workers' compensation, and property insurance for any equipment. This protects both the Hirer and the Artist from potential liabilities arising from the performance.
What is included in the Special Conditions section of the contract?
The Special Conditions section allows for any unique agreements or requirements that are not covered in the standard terms. This could include specific requests from the Artist or additional responsibilities for the Hirer. It’s essential to discuss these details before finalizing the contract.
When planning a live performance, several important documents accompany the Live Performance Contract form. Each of these documents serves a unique purpose, ensuring that both the artist and the hirer are protected and clear on their obligations. Below is a list of common forms and documents that you might encounter in this context.
Each of these documents plays a vital role in the successful execution of a live performance. By understanding their purposes and ensuring they are properly completed, both the artist and the hirer can foster a smooth and enjoyable experience for everyone involved.
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.
Filling out the Live Performance Contract form can be a straightforward process, but there are common mistakes that can lead to confusion or complications later on. One frequent error is failing to provide complete contact information. The form requires details such as the hirer's name, business name, address, and contact numbers. Omitting any of this information can delay communication and create misunderstandings about the performance.
Another mistake often made is neglecting to specify the performance details clearly. It’s crucial to fill in the name of the act or band and provide a thorough description of the performance. If these sections are left blank or filled out vaguely, it can lead to differing expectations between the hirer and the artist. Clarity in this area ensures that everyone is on the same page regarding what will take place during the event.
Additionally, many hirers overlook the travel and accommodation arrangements. The contract allows for two options regarding travel costs, and it’s essential to choose one and fill in the relevant details. Failing to do so can result in unexpected expenses or logistical challenges. Clear communication about who is responsible for travel and accommodation helps avoid potential conflicts down the line.
Another common oversight involves the confirmation of the performance. The contract states that a booking is not confirmed until a signed copy is returned. Some hirers may assume that simply submitting the form is enough. This misunderstanding can lead to the artist not being available on the desired date, so it’s important to ensure that the signed contract is sent back promptly.
Moreover, many hirers forget to check the cancellation policy. The contract specifies various notice periods for cancellation, and it’s crucial to circle the appropriate choice. Ignoring this step can result in financial repercussions if a cancellation occurs without following the agreed-upon notice period. Understanding the cancellation terms helps protect both parties in case of unforeseen circumstances.
Lastly, failing to provide the necessary signatures can invalidate the contract. Both the hirer and the artist must sign and date the agreement. Without these signatures, the contract is not legally binding, and this could lead to disputes over the performance. Ensuring that all required signatures are present is a simple yet vital step in finalizing the agreement.
The Live Performance Contract is a crucial document for musicians and event organizers, outlining the terms of engagement for a performance. Several other documents share similarities with this contract, each serving specific purposes in the realm of agreements and engagements. Below are five documents that are comparable to the Live Performance Contract:
Employer's Quarterly Federal Tax Return - The form helps employers reconcile the taxes they have withheld with what they must send to the IRS.
The Employment Verification form is a document used by employers to confirm a candidate's past employment details, including job title, duration of employment, and salary information. This form serves to ensure that potential hires have the experience they claim and helps maintain a trustworthy hiring process. For additional resources on this topic, individuals can visit My PDF Forms, which provides helpful information about the form and its uses.
Dd Form 2656 March 2022 Pdf - DD 2656 includes sections for spouse and dependent information.