|It is very important when performing that we as kings don't allow certain needs such as payment, hosting, and other performance rights to be overlooked. We are performers and entertainers. We deserve the same respect and treatment that any other hired group of performers would receive. Having had a lot of tour experience, I know that venue expectations vary from place to place. Some places are very generous, while you've got to really watch your back with others. Here, you will find sample contracts and performance riders that will help you in not only protecting yourself, but in validating our art form and helping it to gain both the respect and validation it deserves.|
|You may have heard entertainment contracts referred by different names: technical contract, appearance agreement, booking agreement, or even engagement contract. Whatever one might decide to call this piece of paper, it is very essential. It gives utmost protection to you as the performer and the venue as well. The goal of your agreement is so that everything is laid out on the table and that both parties remain on the same page. Once it is signed and dated, it becomes a legal binding document. Keep a copy for yourself and give a copy to the venue.|
|Sometimes, you can just shake hands and give a verbal agreement and that is good enough, but if something should happen, it can be difficult to enforce. There is no way to prove the agreement ever occurred. If you're just doing a small show as a hobby than, a verbal agreement should be enough. However, when you are contracted out for an event or through a specific venue, then you should at least have a brief contract signed. For larger events and venues, you may want to attach a specific rider to your contract.|
Here's the basics to creating a solid contract:
Have the date, time, compensation, and signature of both parties.
Clearly describe the nature of the performance. Include here the length of the performance, any set breaks, or anything else unique to the performance.
Have all location, date, and time information included.
Have all photography, reproduction, and recording rights layed out. It is usually the artist/performer's right to grant permission as to what can and can't be done here.
If you plan on selling any merchandise on the premises of your venue, this needs to be included within your contract as well. The venue may have specific policies on this.
When it comes to compensation, be as specific as possible. This is usually where people get screwed. Depending on the size of the event or venue, you may potentially be able to have your meal, transportation, and lodging espenses covered by the hosting party. Include the terms of payment as well… will you be payed in cash, will you be payed immediately following the show, or will you be payed even if no one shows up. These things seem like no-brainers, but when it comes time to get paid, and you don't see any money, you will have wished you had entered into an agreement.
It should be clarified who provides the sound and the lighting. There will also need to be someone to operate them, this responsibility should be predetermined as well.
Make sure that any permits, liscences, and taxes are being covered by the hosting party.
If an event has to be cancelled, have the terms of cancellation laid out. If you drove from 1,000 miles away to arrive and find out there is no show, without a contract you are screwed. With a contract, they may still have to compensate you for your travel and time. This is also a huge area of protection for the venue or hosting party. If they have invested their time and money into arranging and promoting the show, they are screwed if you decided not to show. You could be liable to cover their lost expenses is this happens. Be careful how you word things here, and be specific using time constraints, and exceptions for cancellations when dealing with acts of God.
A section outlining insurance and security for the event can also be helpful. If you get injured on the premises, someone could be sued. Providing the insurance and security for your safety should be the responsibility of the hosting party.
Any other specific restrictions or expectations for the performer that the venue or hosting party has set, should be included as well. This can include the performers expected attire, language, or music selection. This varies from place to place.
The performer also has the right to lay out there own personal restrictions and expectations too. This can include guest lists, passes, dressing rooms, backstage refreshments, and other hospitalities. Again, it depends on the individual performer/artist.
Once again, don't forget to have both parties sign and date!!!!!!!
Below you can find a selection of sample contracts, to help in creating your own:
Click on the links below to see the samples.
|Sample Contract 1||Sample Contract 2|
|Sample Contract 7|
Sample 1 Back to Index
The above venue commits to paying the performer an entertainment fee of ___________. This payment will compensate the performer for any travel expenses, meals, and lodging that they incur throughout their performance. The payment will be remitted to the entertainer or agent at the completion of the performance.
THIS CONTRACT for the personal services of participants on the engagement described above is made this_________day of ____________2002, between the undersigned performer, agency, and purchaser.
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DEPOSIT OF 50% OF BASIC FEE QUOTED IS REQUIRED. BALANCE IS DUE AT THE
TIME OF THE PERFORMANCE. UPON SIGNING OF THIS AGREEMENT AND RECEIPT OF
DEPOSIT, THIS ENGAGEMENT SHALL BE CONSIDERED BINDING. SHOULD
CANCELLATION BY THE EMPLOYER BE NECESSARY, DEPOSIT SHALL BE FORFEITED TO
THE ARTIST. SHOULD CANCELLATION BY THE ARTIST BE NECESSARY, THE ARTIST
SHALL MAKE EVERY EFFORT TO ARRANGE FOR A COMPARABLE SUBSTITUTE. IF NO
SUBSTITUTE IS DESIRED BY EMPLOYER, ARTIST SHALL REFUND DEPOSIT IN FULL.
PROGRAM DELAYS DUE TO NO FAULT OF THE PERFORMER WILL BE CHARGED TO THE EMPLOYER AT THE RATE OF $10 PER HALF HOUR.
Please sign and return extra copy of contract, along with deposit to above address.
Performance time: _______________
Sample 3 Back to Index
This contract for musical entertainment, written & dated January
1, 1999, is made between the undersigned client (purchaser of the
act's services) and the AllStar Entertainment Agency (authorized
agents for the contracted act): ANYBAND ( 4 piece band),
represented by bandleader: John Doe.
2. Date of Engagement: Saturday June 1, 2002
3. Starting & Finishing Time: 7:00 pm to 11:00 pm
4. Type of Engagement: Wedding Reception: Mr. & Mrs.
Dilbert T. Quackenbusch
5. Compensation Agreed Upon: 1,000,000.00 (One Million Dollars)
7. OVERTIME: If and when agreeable to the client and the
contracted entertainment, the time of engagement may be extended at
the pro-ratable overtime rate of $ 400.00 per hour, to
be paid prior to the overtime period.
8. CANCELLATION of the engagement by the client for any
reason shall forfeit the deposit. Cancellation of the
engagement by the client WITHIN 90 DAYS of the date of
engagement shall also require payment of the balance to the act,
unless the same act is rebooked by the client for an open date
within 30 days of the cancelled date. Payment of the balance will not
be required if the act obtains a suitable substitute booking
elsewhere, or if cancellation is due to a verifiable death in the
immediate family of the client. Cancellation by the client due to a
major snow storm that is in progress on the date of engagement
must be received no later than 12 noon on the date of the
engagement. A client cancelling their engagement by telephone must
also verify that cancellation in writing (via dated mail
9. BAND PERSONNEL: The band leader agrees to notify the
agency of any changes in key band personnel prior to the date of this
engagement. The client will be so notified by the agency, and may opt
to transfer the entire deposit to another agency act or cancel this
contract and receive a refund of the above deposit (less a $100 agency
service fee) if not satisfied after viewing the band with its new
10. BAND BREAKS: The band typically takes 2 breaks. A dinner
break (approximately 20-30 minutes) during the main course and then a
shorter break (10-15 minutes) prior to the final set. These breaks may
vary in occurance and/or duration due to unforeseen circumstances at
the function or due to instructions from the function manager at the
hotel/hall. Appropriate pre-recorded music shall be provided during
the band breaks. Meals provided for the band members by the client are
a much appreciated courtesy, but by no means an obligation of the
11. MUSIC SELECTION : The band will learn up to 2 new songs
for the function. The client requesting these songs must provide sheet
music and a recorded version of each such song for the band. Any and
all other songs requested by the client must be selected from the
band's songlist. If requested by the client, the band leader will
provide an updated songlist, prior to the date of the engagement.
12. If, due to death, sudden incapacitating illness, accident or
other unforeseeable circumstances and/or acts of God, the act is
unable to perform as contracted, every effort will be made by the
agency (if so notified and if time & circumstances permit) to
provide a substitute act (subject to approval by the client) to
perform in place of the cancelling act, at the same fee & terms.
If no acceptable substitute act can be found, the agency and the act
agree to refund the deposit and any and all payments made by the
client. Upon such refund, this contract shall become null & void,
and the client shall have no further legal recourse against the act or
the agency. If the act is late starting due to unavoidable detension
(traffic, weather etc) the client has the option to add that amount of
time to the end of the function at no additional charge or to deduct a
pro-rated refund from the balance due to the act at the function.
13. The agency's responsibility to the client is to consult and
advise, offer and promote an act, and (if so instructed) issue a
contract on behalf of the act. The agency shall serve as intermediary
and consultant prior to the function. In no event shall the agency
be held liable for any personal injury, property damage or subjective
performance-related complaints or for any other mishaps occurring at
the function that are directly or indirectly the fault and/or
responsibility of the act. The act and the client agree to
indemnify and hold the agency harmless against any and all claims for
damages resulting from this booking.
(PLEASE SIGN BOTH COPIES....KEEP ONE FOR YOUR RECORDS....RETURN ONE WITH YOUR DEPOSIT)
Sample 4 Back to Index
Initialed each page, sign the last one and fax the entire contract back. You should also mail back all the originals after you have faxed them. If you do not have a fax, simply mail the entire contract.The signed contract must be returned within 3 days to secure your entertainment.
mary i entertainment agency, inc.
997 Lincoln Rd.
Mullica Hill NJ 08062
Contact #1 for the Day of the Event:
Contact #2 for the Day of the Event:
Type of Entertainment
Directions – The client must provide proper directions. If an entertainer is late because of faulty directions, the client is responsible to pay for the full amount of time even though the performance time is reduced.
Permits – The client is responsible to obtain all necessary permits from their town, county or state. Full payment is due even if an event is cancelled, delayed or postponed because of improper permits.
Height and Area Requirements – The client is responsible to provide the proper height, area requirements and an appropriate opening into the building or yard if the event is being held indoors. Many amusements are large and need a wide opening. It is the responsibility of the client to remove center posts, gates, etc. prior to the arrival of the entertainment. Some amusements are up to 22 feet tall; some stilt walkers need a 10-foot high ceiling to perform their act. It is the client’s responsibility to provide proper ceiling heights. Petting zoos need enough area to set-up their pens and cages. Full payment is due if the client does not meet these needs.
Electrical Requirements – The client must provide ____ dedicated, 20 amp electrical outlets for the entertainment ordered. There should be no other heavy draw on the lines such as coffee pots, etc. Full payment is due if the client is not able to provide sufficient electrical needs on the day(s) if the event.
A generator can be provided at an additional $125/generator. Each generator will run one to two amusements depending on the demands of the amusement.
You have ordered __ generator(s) to run the equipment you ordered.
You have agreed to provide __ outlet(s) to run the equipment you ordered.
Stage, Microphone and Stand Requirements - The client has agreed to provide the following equipment:
If an entertainer is unable to perform because of the lack of equipment that the client agreed to provide, then the entertainer is due the full amount of their performance fee.
Special Needs -
Each Face Painter needs a sturdy table (TV tables & wobbly card tables are not acceptable) and two sturdy folding style chairs (chairs with arms and lawn chairs will not work).
Rain, Wind or any other Inclement Weather. – The client is responsible to provide an alternate indoor location in the event of inclement weather. The client agrees to pay the full amount contracted for once the entertainment has arrived at the event location even if it is raining and the entertainer cannot perform. The alternative indoor location is:________________
If the client chooses to use the rain date option, there is an additional fee of $25 - $100. This additional fee is due within 5 days after the event.
The client must notify the mary i entertainment agency by _____PM/AM_ on ___ if they wish to exercise this option. Full payment for the event is due if notification is not received by this time even if the event is cancelled.
Parking - Client must provide entertainers with a secured parking space close to the performance location.
Parking Fees – Client is responsible to provide all entertainers with a free parking pass prior to the event or compensation for any entrance or parking fees.
Change location once an item is set-up:
There is a $100/item fee if the client requests a change in location once the entertainers have set-up. The time required to reset these items is counted as part of the contracted time.
The client agrees to pay the following fees for every ½ hour or part of the half hour overtime - payable to the mary i entertainment agency, inc.
Deposits are neither refundable nor transferable for ANY REASON. Once you have secured your entertainment with a deposit, you are responsible for full payment for that entertainment even if you cancel your entertainment or event.
Payment Arrangements: We have received your [[Am't of Deposit]] deposit for the above entertainment.
The final payment of:
Damage to Equipment – The client is responsible to pay for any damage or theft of the entertainer’s equipment caused by the client or any of the client’s guests.
Jurisdiction – For any dispute arising out of this contract the parties hereby stipulate and agree the jurisdiction shall be Gloucester County New Jersey.
The Client agrees that if they want to book any of the above entertainers for any of their future events,they will do so through the mary i entertainment agency, inc. If the client books the entertainer(s) directly they are responsible to pay the mary i entertainment agency all booking fees and all legal fees involved in settling this breech of contract.
I understand and agree to abide by the above statements in this contract. I am authorized by the named organization to legally sign for this contract. My signature on this document binds the named organization to the terms of this contract.
Signature and Date of Buyer
Signature and Date of Artist/Performer/Agency
Sample 5 Back to Index
Sample 6 Back to Index
1) Performance Group.
Sample 7 Back to Index
This rider regarding the MEN OF CLUB CASANOVA engagement is herein made a part of the attached contract.
1.In all headline situations, ARTISTS shall receive 100% headline billing.
In all advertising, ARTISTS shall be billed as The Men of Club Casanova, Mo B. Dick, Scab N. Eatum, Dante DiFranco, Cody Pendant, and the lovely Miss Jonona.
3.**IN ALL HEADLINE SITUATIONS, ARTISTS RESERVE THE RIGHT TO ARRANGE FOR THEIR OWN OPENING PERFORMER. ** Please note: any other artists on the bill must be approved by ARTIST prior to confirmation of supporting act.
4.PRESENTER will supply a first-class professional sound system and a PROFESSIONAL SOUND PERSON TO OPERATE IT. Please refer to attached Technical Rider sheet for complete requirements.
5.PRESENTER will provide a clean, private dressing room for ARTISTS before and after performance. Dressing room shall have mirrors and, if possible, running water.
6.PRESENTER will supply sufficient stage lighting and sound system (see attached technical rider).
7.ARTISTS request that stage and sound system be ready upon their arrival. Sound check shall occur prior to the opening of the house and approximately one (1) hour prior to performance time.
8.PRESENTER will provide a secured parking space, within close proximity to venue. Arrangements for such parking, and any ticket issued during course of performance, is the responsibility of PRESENTER.
9.PRESENTER agrees to give out no more than 2% of the house in complimentary tickets without prior written consent from AGENCY.
10.All interviews for the news media shall have prior approval of the ARTISTS.
11.REPRODUCTION OF PERFORMANCES: No radio apparatus or transmitting or recording device, specifically including motion pictures, video tape or television shall be used during the performance in any manner or form to reproduce the ARTISTS performance without the prior written consent of the ARTISTS or ARTISTS REPRESENTATIVE.
12.INCIDENTAL SALES: The ARTISTS shall have the sole right to sell or cause to be sold t-shirts, photographs, etc. at a prominent location in venue. PRESENTER agrees to provide a table for such merchandise display and sale.
13.PRESENTER agrees to contact performers regarding any difficulties in meeting any technical requirements, or to address any other concerns.
14.PRESENTER is responsible for basic promotion of show including listing event in local newspapers.
AGREED TO AND ACCEPTED BY:
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