Content Overview
The Live Performance Contract form serves as a crucial document that outlines the terms and conditions between a Hirer and an Artist or Band Leader for live performances. This contract includes essential details such as the names and contact information of both parties, the specifics of the performance, and the number of musicians and crew involved. It also stipulates the performance venue, dates, and times, ensuring that both parties are aligned on expectations. Travel arrangements, including transport, accommodation, and meal provisions, are addressed, clarifying who is responsible for these costs. Confirmation of the performance is contingent upon the Hirer's return of a signed contract, and cancellation policies are clearly defined to protect both parties. Payment terms, including total fees and deposit requirements, are specified, along with conditions regarding artistic control and the setup process. Additionally, the contract outlines insurance responsibilities and indemnity provisions, ensuring that both the Hirer and the Artist are protected against potential claims. By detailing these aspects, the Live Performance Contract form facilitates clear communication and helps prevent disputes, allowing for a smoother collaboration between the Hirer and the Artist.
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Similar forms
Performance Agreement: Similar to a Live Performance Contract, a performance agreement outlines the terms under which an artist will perform. It includes details about the event, payment, and responsibilities of both parties.
Booking Agreement: This document is used to confirm the booking of an artist for an event. It specifies the performance date, location, and payment terms, much like the Live Performance Contract.
Service Agreement: A service agreement defines the relationship between a service provider and a client. It includes terms of service, payment, and cancellation policies, paralleling the obligations outlined in the Live Performance Contract.
Venue Rental Agreement: This agreement details the terms under which a venue is rented for an event. It covers aspects such as rental fees, duration, and responsibilities, similar to the venue and performance terms in the Live Performance Contract.
- Power of Attorney Form: When appointing someone to manage your affairs, consider our detailed Power of Attorney form resources to ensure your wishes are respected and upheld.
Artist Management Agreement: This document outlines the relationship between an artist and their manager. It includes terms regarding representation, fees, and responsibilities, akin to the roles defined in the Live Performance Contract.
Merchandising Agreement: This agreement governs the sale of merchandise at events. It specifies rights and obligations regarding sales, much like the merchandise provisions in the Live Performance Contract.
Production Agreement: A production agreement details the terms for producing an event. It includes responsibilities for production elements, similar to the setup and load-out requirements in the Live Performance Contract.
Collaboration Agreement: This document outlines the terms of collaboration between artists or parties. It includes contributions, compensation, and rights, reflecting the collaborative aspects found in the Live Performance Contract.
Document Specifics
| Fact Name | Description |
|---|---|
| Parties Involved | The contract is an agreement between the Hirer, who can be an individual or company, and the Artist or Band Leader, who represents the musicians performing. |
| Performance Details | It specifies the name of the act, the description of the performance, and the number of musicians and crew involved. |
| Cancellation Policy | The performance can only be canceled with written notice, requiring a notice period of 7, 14, 21, or 28 days, depending on the choice made in the contract. |
| Payment Terms | Payment details include the final total, deposit amounts, and conditions for payments related to door takings, with specific deadlines for each. |
| Governing Law | This contract is governed by the laws of the State of Western Australia (WA), which also provides jurisdiction for any disputes that may arise. |
Things You Should Know About This Form
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What is a Live Performance Contract?
A Live Performance Contract is a formal agreement between a hirer and an artist or band. It outlines the terms and conditions for a live performance, including details such as the date, location, payment, and responsibilities of both parties. This contract ensures that both the hirer and the artist are clear about their obligations and protects their interests.
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What information do I need to provide as a hirer?
As a hirer, you will need to provide several key pieces of information. This includes your name or the name of your company, your business name and ABN, your contact details such as phone numbers and email, and the venue where the performance will take place. Additionally, you will need to specify the details of the performance, including the name of the act and a description of what will be performed.
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What are the cancellation terms?
The cancellation terms require that written notice be given to the other party at least 7, 14, 21, or 28 days before the performance date, depending on what you select. If the performance is cancelled without proper notice, the hirer is responsible for paying the full final total. This includes any deposits or travel costs incurred. It’s important to understand these terms to avoid unexpected charges.
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How is payment structured in the contract?
Payment details are clearly defined in the contract. The final total amount for the performance is specified, along with any deposit required. Payments are typically due shortly after the performance concludes. If a percentage of the door takings is agreed upon, that percentage will also be detailed. Make sure to adhere to these payment timelines to maintain a good relationship with the artist.
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What are the responsibilities of the hirer regarding the venue?
The hirer is responsible for providing a safe and suitable venue for the performance. This includes ensuring that the power supply is adequate and safe, providing secure parking for the artist and their crew, and obtaining any necessary permits or licenses. Additionally, the hirer must ensure that all equipment and facilities are in good working order to avoid any disruptions during the performance.
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Can the artist change the band members?
Yes, the artist has the right to substitute a competent replacement for any band member or personnel who is unable to perform. This ensures that the performance can go on as planned, even if unforeseen circumstances arise. Any substitutions will be reflected in the contract’s schedule, so both parties remain informed about who will be performing.
Documents used along the form
When engaging artists for live performances, several important documents often accompany the Live Performance Contract. Each of these documents plays a crucial role in ensuring that all parties are clear about their responsibilities and expectations. Below is a list of ten commonly used forms and documents.
- Performance Rider: This document outlines specific requirements from the artist, including technical needs, hospitality requests, and any special conditions necessary for the performance.
- Technical Rider: A detailed description of the sound and lighting equipment needed for the performance. This ensures the venue can meet the artist's technical specifications.
- Insurance Certificates: Proof of insurance coverage, typically required by the venue or event organizer, to protect against potential liabilities during the performance.
- W-9 Form: A tax form that provides the artist's taxpayer identification number to the hirer, often necessary for tax reporting purposes.
- Invoice: A document requesting payment for services rendered, detailing the agreed-upon fees and any additional costs incurred during the engagement.
- Merchandise Agreement: This outlines the terms under which the artist can sell merchandise at the venue, including revenue sharing and space allocation.
- Dirt Bike Bill of Sale: This document is vital for the legal transfer of ownership of a dirt bike in New York. It includes the identities of the seller and buyer, the sale price, and a description of the dirt bike; the document is available here to assist with your transaction.
- Travel and Accommodation Arrangements: Documentation confirming the details of travel and lodging for the artist and crew, ensuring all parties are aware of logistics.
- Cancellation Policy: A clear outline of the terms and conditions regarding cancellation of the performance, including any fees or penalties that may apply.
- Setlist Agreement: A document that specifies the songs or pieces to be performed, helping to manage expectations for both the artist and the audience.
- Health and Safety Protocols: Guidelines that outline the safety measures in place for the performance, ensuring compliance with local regulations and protecting all participants.
Having these documents in place is essential for a successful live performance. They help clarify expectations, minimize misunderstandings, and ensure that both the artist and the hirer are protected throughout the engagement. Always consider consulting with a professional to ensure that all necessary documents are properly prepared and executed.
Live Performance Contract Preview
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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4.
7.
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3. |
5. |
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SCHEDULE B – Dates of performance
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5.
9.
2. |
3. |
4. |
6. |
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10. |
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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
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.