Last Updated February 27, 2024
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A Performance Contract, also known as a booking contract, outlines the terms and conditions when hiring a performer for a private or commercial event. A client or a freelance performer can create this contract to finalise an agreement for a live performance that is to take place at a venue or other specified location.
Clients may be individuals or businesses running a venue. Performers may be, for example:
- Bands or musical groups
- Solo artists or DJs
- Dancers or gymnasts
- Theatre actors
- Comedians
- Magicians
- Poets
As with any business arrangement, it’s important that all parties agree with the terms of the arrangement. Though verbal agreements are legal, they are not easily enforceable because it is hard to prove the terms without evidence in writing. Parties in a verbal agreement can easily remember things differently if a future dispute occurs.
A written contract is a more substantial, legally binding agreement as it puts all details in writing to clarify the client's and performer's responsibilities. Should any future dispute occur, having a document in writing will better support both parties.
Furthermore, it protects the client and performer. A client’s interests when it concerns scheduling, accommodations, cancellations, and liabilities are all laid out in a Performance Contract. As for performers, it creates stability for their scheduling and income while detailing their responsibilities for the performance dates, which is why many managers and agents require them upon booking a performer.
Often, performers are the ones to initiate the use of a Performance Contract. However, if a performer doesn’t initiate a contract, a client can bring it up to solidify the deal.
For example, a bar wishes to hire a band for a special event they’re hosting. A Performance Contract can secure the booking and outline the terms.
To help with booking an artist, you can customise LawDepot’s Performance Contract for several kinds of events, including:
- Corporate events
- Live shows
- Weddings
- Parties
- Birthdays
- Reunions
- Concerts
LawDepot’s user-friendly questionnaire helps you create your contract in minutes. We provide a short version of the contract, a straightforward agreement for more private events like hiring an entertainer for a child’s birthday party. Also, we offer a long version to outline further details, such as extended performance requirements or additional expenses provided by the client.
Once you select your location and contract format, complete the following steps to complete your Performance Contract:
LawDepot’s Performance Contract template can be useful for group or solo performers. Fill in the:
- Names (including stage names, if applicable)
- Group name, if applicable (e.g., band name)
- Contact details
You will then decide who will sign the contract, also known as the signing authority. The performer can be the one to sign the agreement. Alternatively, a group leader or a business manager can have the authority to sign on behalf of a group or artist.
2. Complete client and venue details
Whether the client is an individual or a business, include a name and contact details for whichever suits the situation best. Most importantly, have the address and name of the venue. These will be details the performer needs for travel and preparation.
Describe what kind of performance that will be taking place. Performance details will include how many shows there will be with the dates and times for scheduling.
4. Give payment details
Payment details outline how much a performer will receive and any deposits required before the event date. You can also include any overtime rates and additional expenses the client will provide (e.g., transport, accommodation, meals, etc).
Some artists may have a business manager to negotiate payments if you’re looking at how much to pay a performer. Other performers may have set rates for their time or be part of a union for their profession that can help determine a fee. Unions they could be under include:
With our Performance Contract, you can create a more detailed list of performer and client duties for an event. You may specify the following:
- Who is providing the light and sound system?
- Will performers be allowed to sell merchandise?
- Will the client be responsible for obtaining liability insurance?
Please note venues and clients are responsible for permits and ensuring that performances are not recorded or transmitted during an event.
6. Create cancellation details and dispute resolutions
Cancellation deadlines and deposit refund dates are set in place for both parties as a deadline for cancellations benefits both parties. For example, it provides a venue with time to find new entertainment and allows the performer to book a new, paid gig.
As you create your contract, LawDepot’s template implements a dispute resolution clause should anyone breach the contract. This clause includes options for mediation or going straight into arbitration.
7. Select your signing details
Choose a date for signing with the option to include a witness to be present. Though it’s not legally required, having a witness present is good practice. It adds to the formality of the signing and makes both parties focus on the decisions being made.
Witnesses should be an independent person without familial or business ties to either party. If a future dispute occurs, the witness can be called upon to say that they did see the parties sign the agreement.
Yes, when properly executed and signed, contracts are legally binding. How a contract is considered legally binding during a dispute falls under Australian common law. LawDepot’s Performance Contract is customised for each state and territory to ensure your contract follows all legal requirements for your jurisdiction.
If either party breaches the agreement, we have included a dispute and resolution clause to determine when and how both parties will approach any issues that may occur—saving you time and money on any court and extensive legal fees.
