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The Live Performance Contract form serves as a crucial document for musicians and event organizers, outlining the terms of engagement between the hirer and the artist or band leader. This contract details essential information such as the names and contact details of both parties, the specific performance to be provided, and the number of musicians involved. It specifies the performance venue, date, and time, ensuring all parties are aligned on logistical details. Additionally, the contract addresses travel arrangements, including transport, accommodation, and meal provisions, which can be either covered by the hirer or arranged by the artist. Confirmation of the performance is contingent upon the return of a signed contract, emphasizing the importance of written agreements in this industry. The document also outlines cancellation policies, payment terms, and responsibilities related to staging, power supply, and insurance. By detailing these aspects, the Live Performance Contract form helps to mitigate misunderstandings and provides a framework for a successful collaboration between artists and hirers.
Common mistakes
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Incomplete Contact Information: Many individuals forget to fill in all necessary contact details for both the Hirer and the Artist. Missing information, such as phone numbers or email addresses, can lead to communication breakdowns.
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Failure to Specify Performance Details: It's common for people to leave the performance description blank or vague. Clearly defining the act or band name, along with the specifics of the performance, is crucial to avoid misunderstandings later.
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Neglecting Travel and Accommodation Arrangements: Some Hirers overlook the section about travel, transport, and accommodation. Whether the Hirer is responsible for these costs or not should be clearly stated to prevent disputes.
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Ignoring Cancellation Policies: Many fail to circle the appropriate cancellation period. This oversight can lead to confusion about the terms and conditions surrounding performance cancellations, potentially resulting in financial loss.
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Not Signing the Contract: A signed contract is essential for both parties. Some individuals forget to sign or have the wrong person sign on behalf of the Hirer, which can invalidate the agreement.
Find Common Documents
Ca Sdi - The application process can be started by downloading the DE 2501 online.
For those looking to complete a vehicle purchase in Florida, obtaining the Florida Motor Vehicle Bill of Sale form is essential, and you can access it at floridaforms.net/blank-motor-vehicle-bill-of-sale-form/. This document not only formalizes the transfer of ownership but also includes vital details about the vehicle, ensuring that both parties are protected legally during the transaction.
Fedex Manage Delivery - Specify your preferred delivery location to facilitate the drop-off.
Key takeaways
1. Confirm the Booking: A performance is not confirmed until the signed contract is received by the Artist. Ensure you return the signed contract at least 7 days before the performance date to secure the booking.
2. Understand Cancellation Policies: If you need to cancel, provide written notice within the specified time frame. Be aware that deposits and incurred travel costs are non-refundable. Failure to cancel properly may result in immediate payment of the full amount.
3. Payment Timelines: The total payment is due shortly after the performance. If a percentage of door takings is agreed upon, payment must occur within 30 minutes after each performance.
4. Venue Responsibilities: Ensure that the venue meets safety and statutory requirements. This includes providing adequate power supplies and secure parking for the Artist and their personnel. Proper conditions will facilitate a smooth performance.
Live Performance Contract Example
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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SCHEDULE B – Dates of performance
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9.
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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 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.
Understanding Live Performance Contract
What is the purpose of the Live Performance Contract form?
The Live Performance Contract form is designed to establish a clear agreement between the Hirer and the Artist for live performances. It outlines the expectations, responsibilities, and payment terms for both parties, ensuring that everyone is on the same page before the performance takes place.
Who are the parties involved in the contract?
The contract involves two primary parties: the Hirer, who is the individual or company engaging the Artist, and the Artist or Band Leader, who is responsible for the performance. If multiple musicians are involved, the Band Leader acts as the representative for the entire group.
How is the performance venue and time determined?
The performance venue and times are specified in the contract. The Hirer must provide the full address of the venue and the date and time of the performance. If there are multiple dates, these can be listed in Schedule B of the contract.
What are the travel arrangements outlined in the contract?
Travel arrangements can be managed in two ways:
- The Hirer pays a total amount to cover travel, accommodation, and meal costs for all personnel, which must be arranged by the Artist.
- Alternatively, the Hirer can provide transportation, accommodation, and meals directly for the Artist and their crew.
What happens if the performance needs to be canceled?
Cancellations must be communicated in writing and received within a specified timeframe, which can be 7, 14, 21, or 28 days before the performance date. If proper notice is not given, the Hirer is responsible for the full payment, including any deposits or incurred travel costs.
How is payment structured in the contract?
The payment structure includes a Final Total amount for the performance, a deposit due by a specific date, and potentially a percentage of gross door takings. The full balance must be paid within a short time after the performance concludes, ensuring timely compensation for the Artist.
What are the responsibilities of the Hirer regarding the performance conditions?
The Hirer must ensure safe working conditions, provide adequate power supplies, and comply with all relevant regulations. Additionally, they are responsible for facilitating access to the venue for setup and load-out, as well as providing secure parking for the Artist and their crew.
Can the Artist sell merchandise during the performance?
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 can provide an additional revenue stream for the Artist without any fees owed to the Hirer.
What should I do if there is a dispute regarding the contract?
If a dispute arises, both parties should first attempt to resolve the issue through negotiation. If that fails, legal proceedings may be initiated, but only after reasonable efforts to settle the matter amicably. The courts of the State of Western Australia have exclusive jurisdiction over such disputes.
How to Use Live Performance Contract
Completing the Live Performance Contract form requires attention to detail and accurate information. This process ensures that both the Hirer and the Artist have a clear understanding of the terms of engagement. Following the steps outlined below will facilitate a smooth completion of the contract.
- Begin by filling in the name of the Hirer, which may be an individual or a company, in the designated space.
- Provide the trading name of the business along with the Australian Business Number (ABN).
- Enter the full address of the Hirer, including home or work phone numbers, mobile number, email address, and fax number.
- Next, input the name of the Artist or Band Leader. If there are multiple members, indicate that the Band Leader acts as the agent for those listed in Schedule A.
- Fill in the address and contact details for the Artist or Band Leader, similar to how you did for the Hirer.
- Under the section "AGREEMENT TO ENGAGE ARTIST," specify the name of the Act or Band in the appropriate space.
- Describe the performance in detail, ensuring it accurately reflects what will be presented.
- Indicate the number of musicians and crew members who will participate, as listed in Schedule A.
- For the PERFORMANCE VENUE AND TIMES, provide the venue name and complete address.
- Fill in the date of the performance or refer to Schedule B if multiple dates are involved.
- Specify the performance time or the duration, including breaks if applicable.
- In the TRAVEL section, choose whether the Hirer will pay a travel total or provide transport and accommodation. Fill in the required details for the selected option.
- Confirm that the performance is booked by returning a signed copy of the contract at least seven days prior to the performance date.
- Circle the appropriate cancellation notice period required for either party to cancel the performance.
- Fill in the payment details, including the Final Total and Deposit amounts, along with the due dates for each.
- Both the Hirer and the Artist must sign and date the contract, ensuring that the signatory for the Hirer has the authority to enter into the agreement.
- Complete any additional sections, such as Special Conditions or Catering/Rider requests, if applicable.
- Finally, list the personnel in Schedule A and the performance dates in Schedule B, ensuring all information is accurate.