Last Updated February 15, 2024
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A Performance Contract is an agreement outlining the terms and conditions of a live performance. This contract is created between a client and a freelancing artist or group.
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
A performer or client can use our Performance Contract template for private and commercial events to finalize a booking.
Though verbal agreements are legal, they are not easily enforceable. Parties in a verbal agreement can easily remember things differently if a future dispute occurs.
A strong, written agreement is a more substantial contract as it clarifies the responsibilities of both parties through detailed terms and conditions. It further protects a venue’s or client’s interest concerning scheduling, accommodations, cancellations, and liabilities.
For performers, a contract in writing provides stability. Scheduling, compensation, and preparation are key to their success as a paid artist. Many managers and agents will also require an agreement to secure a performer's booking.
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, suppose a company is celebrating the launch of a new product and hires a singer to perform. A Performance Contract can secure the booking and outline the terms.
To help with booking an artist, you can customize LawDepot’s Performance Contract for several kinds of events, including:
- Corporate events
- Live shows
- Weddings
- Parties
- Birthdays
- Reunions
- Concerts
LawDepot’s questionnaire helps you easily draft a Performance Contract in minutes. We provide the option of a short version contract for a minimal agreement for more informal shows, like an entertainer at a birthday party. Alternatively, a long version contract provides further details such as extended performance requirements and additional expenses.
Once you choose your location and contract version, complete your agreement with the following:
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 can then decide who will sign the contract, also known as the signing authority. The performer can sign, or you can choose a group leader or a business manager to sign on their behalf.
2. Client and venue details
Whether a 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 will be taking place. This will include how many shows there will be with the dates and times for scheduling.
4. Payment details
Payment details outline how much the performer(s) will be paid and any deposits required before the event date. You can also include any overtime rates and additional expenses the client will cover (e.g., transport, accommodation, meals, etc.).
If you’re looking at how much to pay a performer, some artists may have a business manager to negotiate payments for the contract. Other performers may be part of a union for their profession or have set rates for their time. 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. Cancellations and resolutions
Next, set cancellation deadlines and deposit refund dates for both parties. Setting a deadline for cancellations benefits both parties. It provides a client time to find an alternative and allows the performer to book a new, paying performance.
As you create your contract, LawDepot’s template implements a dispute resolution clause should either party breach the contract. This includes options for mediation or going straight into arbitration.
7. 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, properly executed contracts are legally binding. A state’s common law governs a contract's legality should any disputes occur between parties. LawDepot’s Performance Contract is customized for each state to ensure your contract follows all the requirements of a legally binding contract 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.
