what is a live performance agreement contract

† This obligation shall survive the termination, completion or expiration of this Agreement. A musician should also try to negotiate for some pre-approval right over any artwork, flyers or other public advertisements, whether electronically or physically distributed, to ensure that everything is acceptable and complies with the artist’s requests. Another important term that should be listed in a performance agreement is how payment shall be made. Some of the clauses have been condensed and/or edited for content purposes, so none of these clauses should be used verbatim nor do they act as any form of legal advice or counseling. Performance Agreements can either be used when the performer is the main event or when the performer has agreed to perform at another event. PDF; Size: 85KB . Download. These essential terms should be clearly outlined and agreed upon in writing so that an artist knows exactly how long, when, and where they are performing. Performance Contract {Name}, henceforth known as "Client," agrees to hire {Name}, henceforth known as "Artist," for a performance at {location} on {date}. Force majeure will only excuse non-performance of a contract if the contract contains a force majeure clause. RIT reserves the right to request copies of insurance policies. [Editors Note: This article was written by Justin M. Jacobson, Esq. This agreement contains two parts: a cover sheet addressing basic terms and a rider. This agreement, dated June _____, 2018 (the “Agreement”), is entered into by and between Ay Ronnie, LLC f/s/o RockStar Ron (“Artist”) on the one hand, and Big Shot Promoter, Inc. (“Purchaser”) on the other. Performance Contract for Live Performance Forms are forms that are used to make sure that live performers do their work as stated in the contract. The key components of a live appearance contract are the date, time and the length of the artist’s performance. saskmusic.org. Verbal contracts can be upheld by a court if someone decides to breach the agreement, although without written terms and conditions it may be difficult to prove.” Contractsandagreements.co.uk. These coverage’s and limits are to be considered minimum requirements under this Agreement and in no way limit the liability of the Artist. When a formal agreement outlines specific and measurable expectations, it doesn't leave much room for argument. Step-by-step guidance throughout the process, powered by Rocket Lawyer. This could include being “billed” as the “headliner,” an “opening act,” or merely just listed as a participant in a larger music showcase or festival. Some contracts must be written in order to be valid, such as contracts that involve a significant amount of money (over $500). Most musicians find the best way to arrange gigs is via email. live performance agreement. Furthermore, the contract should list the number of complimentary tickets or “comps” that the event promoter may provide in an effort to prevent the promoter from “papering the house.” That means that the event producer gives away as many free tickets or event entrances as possible to make the event seem packed; so, a prudent musician tries to limit this amount. Artist must make his/her whereabouts known to the University sixty (60) minutes prior to the schedule start of performance and must be at the performance site no later than thirty (30) minutes prior to the scheduled start of the performance. Users are cautioned that the agreement is written in draft to address an average artist engagement situation and should be amended to address any specific scenarios. The Artist shall not use the Facility, or permit the Facility to be used by any of its members, officers, directors, agents, employees, licensees, or invitees, for any unlawful or immoral purpose or in any manner likely to injure persons or property in, on, or near the Facility. Any controversy, claim or dispute arising out of or relating to this Agreement or the breach thereof, shall be adjudicated in the courts of Monroe County, New York, to which the parties consent to personal jurisdiction. It includes the all-important free tix, parking, and munchies/water. Cody Hodges Band ("Musician"), whose business address is P.O. Bands may prefer to use a small claims court in their hometown. A performance agreement is a printable agreement that can present the expected performance of an employee. THIS CONTRACT CAN BE ISSUED TO AN AGENCY AS WELL AS A PERFORMER. The MU is here to make sure that when you do, you get the best possible deal. If the requirements for a Certificate of Insurance are attached, the Artist must provide the described coverages. All remedies, rights, undertakings, obligations and agreements shall be cumulative and none of them shall be in limitation of any other remedy, right, undertaking, obligation or agreement of any party. Live Performance Contract Template Free Download. In rare cases, some top musicians may command the inclusion of a “versus clause” in their agreements. For example, suppose I get there and the equipment provided is not discussed that way and I can`t control my technique. An artist can receive a “flat” fee, a flat fee plus a percentage of what the event earns, including ticket sales and monies earned at “the door,” solely a percentage of what the event earns, or merely a set percentage of any ticket sales that the artist individually sells. PERFORMANCE AGREEMENT AGREEMENT dated _____ this day of _____ 2011. This includes the amount paid for the artist’s performance, how the musician receives the fee and by what means of payment. PDF; Size: 85KB . Below is language that helps illustrate how payment terms could be expressed. The Artist shall have the right to sell Artist-related t-shirts, stickers, posters and recorded material (“Merchandise”) immediately before and after, and during, the Concert. That said, the best idea is to have the promoter and the band sign a contract stipulating the agreements that have been made. live performance agreement. In the event of a material breach of the terms and conditions of this Agreement, the non-breaching party may, at its option, upon written notice to the breaching party, terminate this Agreement. PLEASE DELETE THIS PAGE, HIGHLIGHTS, NOTES, AND RED FONTS BEFORE PRINTING OR SENDING LIVE PERFORMANCE AGREEMENT Made by and between ROCHESTER INSTITUTE OF TECHNOLOGY acting by and through its (STUDENT ORGANIZATION NAME) (STUDENT ORGANIZATION ADDRESS), (Hereinafter referred to as “the University.”) and [TALENT AGENCY NAME AND ADDRESS] (hereinafter referred to as “Agency”) representing [NAME OF BAND] (Hereinafter referred to as “Artist”) And All band members and production personnel (Hereinafter referred to as “Artist’s Group Members” The parties hereto, agree to be bound, and agree as follows: The Artist is hereby retained by the University to perform DESCRIBE IN DETAIL WHAT THE ARTIST WILL BE DOING FOR YOU (E.G. The Artist shall not occupy or use the Facility except as provided in this Agreement. However, they can be as complicated as you want them to be depending on the event. Interpreters will provide their own headphones. While it is not required, it is prudent for a musician to enter into a written contract, sometimes referred to as a live performance agreement, for the commissioned concert that the artist intends to perform. Artist performance agreement contract number: 32/MK This artist performance agreement contract is prepared and entered on November 22 nd , 2010 between Mr. John Hamilton who is a rock singer and stays at 3/Wind- T, Sunset Apartment, Down Sugar Lake Colony, Toronto, Canada and the show organiser Miss Eva Luis, whose show group’s office address is 1803/ 18 th Floor, Rainbow Tower, Ottawa, Canada. The University will receive 10% of the gross revenue of all recorded material sold in conjunction with this event. University is not responsible for providing any equipment which is not specifically stated in the Agreement or artist’s rider. The invalidity or unenforceability of any particular provision, or part of any provision, of the Agreement shall not affect the other provisions or parts hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions or parts were omitted. O ] ^ g h u Ã Ò Ó E It is the intent of the parties to this Agreement that the Performer is an independent contractor and will control the manner and means of the Performance. Disputes are settled by inexpensive arbitration. If the person fails to live up to the agreement, then you have a process in place that you can follow. ARTIST, all agents of the Artist, and personnel associated with the Artist will comply with and cooperate with this stipulation. The contract outlines the scope of the work Tom will perform on Jim's property. Customize your Musical Performance Contract and print in minutes. In accordance with federal regulations as put forth in the American with Disabilities Act, the University shall place an interpreter Down Stage Left with lighting provided by the University during the performance whenever an interpreter is available. Contract for Musical Services {Performer Name} This contract covers the services that will be provided by {Performer}, hereafter called "Musician," and {Employer}, hereafter called "Employer." Finally, the agreement should list how the balance of the performance fee shall be paid. Each policy shall provide for notification to RIT thirty (30) days prior to termination, material change or restrictive amendments. All sound checks must be completed by [TIME]. As a general rule, for a contract to be discharged by performance the contractual obligations must be performed completely and exactly; it is not sufficient to 'substantially' perform a contract. These essential terms should be clearly outlined and agreed upon in writing so that an artist knows exactly how long, when, and where they are performing. If a Force Majeure Event occurs pursuant to this paragraph, the parties’ respective obligations will be excused fully, without any additional obligations, and each party shall bear its own costs incurred in connection with this Agreement. Common metrics include availability, … Sample Performance Agreement is a legal contract that van be used for actual business purposes. ™ If the Performer violates this section, the Client may immediately cancel the Performance and this Agreement. A performance contract is a contract between a performer and a venue which sets out the terms of a performance. danceyourselftodeath.com. The Client will control the scheduling of the Performance. Still, it’s important to pay attention to the details, if only to make your professional performance a more pleasant and rewarding experience. A O P S Ì ı ş ÿ 0 2 4 5 T Z \ ^ _ w Œ � � ‘ ­ Å Æ Î ß ùõùëäÚùÍÀͼù͵ù͵ù¨¡�¡ùõ™ù•ùÍùõ™ùÍùõ™ùÍùõ‘ù͇|Í h& h& B*phÿ *h& B*phÿ h2 Contracts and Templates. BETWEEN (“The Artist”) AND (“The Promoter”) BACKGROUND The Promoter wishes to engage the services of the Artist for a live performance at an event it is producing and the Artist agrees to provide such services on the terms and conditions set out in this Agreement. Every attempt will be made to provide a sound check for the artist. Any notices sent pursuant to this Agreement must be delivered by certified mail, return receipt requested, postage prepaid, or delivered by hand or by a reputable overnight carrier addressed to the appropriate party as follows: To University: [ORGANIZATION NAME AND ADDRESS] To the Artist: [ARTIST/AGENCY NAME AND ADDRESS] All notices shall be deemed given when received by either party. What is a Contract? University shall not be liable or responsible for any such payments under this Agreement. The foregoing indemnity shall apply regardless of the means of publication or performance by the Artist, and shall include specifically and without limitation the use of recordings, audio broadcasts, video broadcasts, Works on other magnetic media, sounds or images transmitted via the worldwide web, chat rooms, webcast, or on-line service providers, satellite or cable, and all other publication or performance means whatsoever, whether now known or developed after the date of this Agreement. MUSICAL PERFORMANCE, SPOKEN WORD, COMEDY PERFORMANCE, ETC) (herinafter referred to as “Concert” as follows: A. These essential terms should be clearly outlined and agreed upon in writing so that an artist knows exactly how long, when, and where they are performing. This Live Performance Agreement is used by a promoter or venue to contract with an artist that will perform live at a concert event the promoter or venue is producing. Justin M. Jacobson is an entertainment and media attorney for The Jacobson Firm, P.C. Performance based contracting, also known as performance-based logistics or performance-based acquisition, is a product and services purchasing strategy used to achieve measurable supplier performance. The performer should also be aware of the scheduled times that the doors open as well as when they are slated to actually perform to ensure that they arrive to the venue on time. The University can not purchase any alcohol or tobacco products. A PERSON(S) WHO LECTURES, DEBATES OR MAKES A PRESENTATION ON A SPECIFIC TOPIC AND POSSIBLY TAKES QUESTIONS AFTER THE PRESENTATION IS CONSIDERED A GUEST LECTURER (USE GUEST LECTURE AGREEMENT) AND IS NOT CONSIDERED A LIVE ENTERTAINER. There are lots of establishments that need to make sure that live performances go well, because that would mean that they would attract more customers and therefore gain more profit. THIS PERFORMANCE CONTRACT . Number of Pages: 2 Have a question about this contract? Artwork And Advertising – Any and all artwork, flyers, promotional tickets and/or advertisements regarding the Engagement created by Promoter must be pre-approved by Artist and/or Artist’s Agent prior to any electronic or physical distribution by Promoter. Artist Performance Agreement Template. Payment could be scheduled as desired, including the final payment made twenty-four (24) or forty-eight (48) hours before the scheduled performance, payment on the day of the performance, payment when the artist arrives at the venue, payment when the artist arrives in town and checks into the hotel (if out of state), or payment when the artist actually finishes their live performance. Artist shall have sole and exclusive control over all aspects of its Engagement for Promoter, including production, presentation and performance of Artist’s show, including but not limited to personnel, instrumentation and repertoire. The fee an artist receives for their performance varies. Engagement/Sound Check – Artist agrees to appear and perform to the best of Artist’s ability and up to Artist’s customary standards as a professional musician, at such times and places as agreed to with Promoter in this Agreement. Another important matter that should be addressed in a performance agreement is the payment terms. A contract may be discharged in a number of ways; most commonly through performance, by the parties, of their contractual obligations. Any use of the name “Rochester Institute of Technology” or any related marks owned by the University must be approved, in advance and in writing, by an authorized official of the University. . Š PDF; Size: 90 KB. The Artist shall not operate any equipment or materials belonging to the University, without the prior written approval of the University. Failure to do so will be construed as a material breach of the Agreement, which not only frees the University from all obligations for payment but holds Artist responsible for all bona fide out-of-pocket expenses. Sometimes, they wouldn’t even be able to get them out of their houses just to listen to, or see what you’re trying to offer, but entertainers or artists can. Artist shall be provided with reasonable time for a sound-check and rehearsal at Promoter’s Venue on the date of Engagement, but not later than three (3) hours prior to doors opening. If an artist receives a percentage of sales, including pre-sales and monies earned on the night of the event, the specific percentage should be listed in the agreement. Two or more parties agree on the actions the performer will execute and agree on … We will now examine some important matters that should be addressed in a live performance agreement. this contract should be used for live entertainers such as bands, dj’s, spoken word artists and any other performers who are not considered guest speakers (see guest speaker contract instructions) being brought to campus. We begin with an explanation of the rider and follow with the entire agreement. It is not a free-standing common law concept and will not be implied into a contract otherwise. e. A song list/lyric sheet shall be mailed two (2) weeks prior to the performance date. The Artist will load in all necessary equipment at [TIME] on [DATE]. This obligation shall survive the termination, completion or expiration of this Agreement. The contract outlines the rights, responsibilities, and obligations of the performer(s) and the customer or hirer to ensure fairness in the agreement. This Live Performance Contract is written in accordance with The Arts Professions Act and is provided as a public service only. If hotel accommodations are provided as part of the Artist’s compensation, then incidental charges (including but not limited to telephone and room service) shall not be provided unless stipulated at the time of the verbal confirmation of the performance. Contracts and Templates. A contract cannot protect you from any of this. Are you an event planner or a band preparing for a gig? The rights and obligations of the parties hereunder shall be governed by and determined according to the laws of the State of New York. studentaffairs.pitt.edu. Contracts and Income Loss . The contract outlines the rights, responsibilities, and obligations of the performer (s) and the customer or hirer to ensure fairness in the agreement. PandaTip: This section of the template officially voids any agreements or promises that are not documented within the performance contract itself. There are lots of establishments that need to make sure that live performances go well, because that would mean that they would attract more customers and therefore gain more profit. Pay for performance is a broad term that covers a number of approaches to rewarding the provision of more and better services. File Format. If there is more than one artist performing in a particular show, such as a large musician showcase or a co-headliner, it is prudent to outline and agreed upon each musician’s performance length, the time of each performance, and the order of their appearances. For example, in 2016, Billboard Magazine stated that “global “gross box-office revenue” exceeded “$5.5 billion dollars.” With such substantial sums earned through touring, most artists are scrambling to get their own “piece of the pie” and embark on their own live performances. For instance, A visits a stationery shop to buy a calculator. A Performance Contract, or booking contract, is a document used to book performers for events. • Performance leading to consequences for the contractor, such as provision of rewards or imposition of sanctions. V gdñq $ Æ `ú 1$a$gdñq $ Æ `ú 1$a$gd” « $ In the event that the University does not provide personnel to sell merchandise, artist’s representative will be permitted to sell merchandise and the University will receive 20% of the gross sales of any merchandise (except recorded material) sold in conjunction with this event. 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