Free Performance Contract

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Performance Contract

Where will the performance take place?


Where will the performance take place?

England

EnglandBuilt for England
Different countries have different rules and regulations. Your Performance Contract will be customised for England.





Your Performance Contract

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Performance Contract Page of
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PERFORMANCE AGREEMENT

THIS CONTRACT (the "Agreement") made and entered into this ________ day of ________________, ________ (the "Execution Date"),

BETWEEN:

_________________________ of _________________________
(the "Client")

OF THE FIRST PART

- AND -

__________
(the "Performer")

OF THE SECOND PART

BACKGROUND:

  1. The Performer is a professional entertainer known as "_________________________".
  2. The Client wishes to engage the Performer subject to the terms and conditions as follows:

IN CONSIDERATION OF and as a condition of the Client hiring the Performer and other valuable consideration, the receipt and sufficiency of which consideration is acknowledged here, the parties to this Agreement agree as follows:

  1. Business Address of the Performer
  2. Any payments by cheque or money order should be made out to __________
    The Performer's business address is as follows:
    Address: _________________________
    Telephone: _________________________

  3. Business Address of the Client
  4. The Client's business address is as follows:
    Address: _________________________
    Telephone: _______________________

  5. Venue
  6. The place of performance (the "Venue") is located at:
    Name: _________________________
    Address: _________________________
    Telephone: _________________________

  7. Performance
  8. The entertainment to be provided by the Performer is generally described as ___________________________________ (the "Performance").
  9. Date and Time of Performance
  10. The Performance will consist of one show on the date and between the times indicated in the table below and the Venue will be available for set-up and sound check at the date and time also indicated in the table:

    Set-up Time and Date

    Date of Show

    Start Time

    End Time

    __________
    31 May 2020

    31 May 2020

    __________

    __________

  11. Payment
  12. In full consideration for all services rendered by the Performer at the Performance, the Client agrees to pay the Performer a fixed fee of £__________ GBP (the "Fee").
  13. Deposit
  14. The Client will pay to the Performer £__________ GBP as a deposit (the "Deposit") by 31 May 2020. If the Client fails to provide the Deposit promptly by 31 May 2020, the Performer may cancel this Agreement without further obligation.
  15. Performer Expenses
  16. The Performer agrees that the Fee is inclusive of all expenses, accommodations, holiday entitlements, traveling expenses to and from the Venue and covers any costs incurred by the Performer whatsoever, except as expressly provided in this Agreement.
  17. Payment of Balance
  18. Promptly after the last show on the final date of the Performance, the Client will pay to the Performer any outstanding balance of the Fee in cash, money order, or online payment.
  19. Cancellation
  20. The Performer reserves the right to cancel this Agreement without obligation upon written notice to the Client prior to 31 May 2020. In the event the Performer cancels the Performance under the terms of this section, the Deposit will be returned to the Client promptly.
  21. The Client reserves the right to cancel this Agreement without obligation upon written notice to the Performer prior to 31 May 2020. In the event of said cancellation, the Deposit will be returned promptly. Cancellation by the Client for any reason later than 31 May 2020 will result in forfeit of the Deposit. Cancellation by the Client later than 31 May 2020 will also require payment of any outstanding balance of the full Fee.
  22. Non-performance by the Client
  23. Those obligations of the Client required to be met prior to the Performance are conditions precedent which must be satisfied in full by the Client before the Performer is required to perform unless otherwise agreed to by all parties in writing. If the Client cancels or postpones the Performance, or any show comprising the Performance, without proper notice or fails to make any payment or fails to perform any other condition precedent as required by this Agreement then the Client will be in breach of this Agreement and the Performer will have no further obligations under this Agreement. The Client will forfeit any Deposit already paid to the Performer.
  24. Security Deposit
  25. The Performer will not be required to post a security deposit against any or all possible damage related to or arising from the Performance.
  26. Force Majeure
  27. Neither the Performer nor the Client will be held liable for any failure to perform its obligations under this Agreement where such breach is due to any of the following: acts or regulations of public authorities, labour difficulties or strike, inclement weather, epidemic, interruption or delay of transportation service, acts of God, or any other legitimate cause beyond the reasonable control of the Performer and the Client.
  28. Sickness and Accidents
  29. The Performer agrees to meet its obligations under this Agreement subject to legitimate incapacity by sickness or accident. Failure to meet its obligations under this section will result in the Performer returning any and all outstanding deposits to the Client.
  30. No Recording of the Performance
  31. Recording or transmitting of the Performance by anyone through any means whatsoever will not be allowed under this Agreement. It is the responsibility of the Client to enforce this provision.
  32. Exclusivity
  33. The Performer will perform exclusively for the Client throughout the actual period of services of this Agreement unless otherwise provided by the Client in writing. The Performer at the time of signing this Agreement will not be under any contract to a third party that might preclude the Performer from fulfilling the requirements of this Agreement.
  34. Indemnification
  35. The Performer is responsible only for its own conduct. The Performer will be compensated by the Client for any and all damage done to the Performer's equipment by the Client, its agents or guests. The Client indemnifies and holds the Performer harmless for any and all property damage or personal injury that results from or is related to the Performance that is not directly caused by the Performer.
  36. Permits
  37. The Client warrants and represents that it has obtained any and all permits, approvals, licenses and variances necessary for the Performance.
  38. Security
  39. The Client will take reasonable precautions for the safety of the Performer and the Performer's equipment during all aspects of the Performance and at all times while the Performer and the Performer's equipment is on the Venue premises. The Client is also responsible for ensuring that only the Performer and its designated technicians and representatives are allowed on stage or in the backstage area.
  40. Picket Lines
  41. The Performer will not be required to cross a picket line established by a labour organisation at the Venue nor will the Performer be disciplined, or this Agreement be considered or deemed breached by the Performer, by reason of the Performer's refusal to cross such picket line.
  42. Governing Law
  43. This Agreement will be governed by, and construed in accordance with, the laws of England. The Client and the Performer each submit to the jurisdiction of the courts of England for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement.
  44. Covenant of Good Faith and Fair Dealing
  45. The Client and the Performer agree to perform their obligations under this Agreement, in all respects, in good faith.
  46. Miscellaneous Terms
  47. Time is of the essence in this Agreement.
  48. This Agreement may be executed in counterpart. Facsimile signatures are binding and are considered to be original signatures.
  49. No part of the Performance may consist of acts in violation of any local laws, codes, statutes, ordinances, regulations, rules or any other requirements including building and fire regulations. If the Performer violates this section, the Client may immediately cancel the Performance and this Agreement.
  50. The Performer's representative warrants that by signing this Agreement it has the authority to bind the Performer to the terms and conditions of this Agreement.
  51. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
  52. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
  53. This Agreement contains the entire agreement between the parties and cannot be changed except by written instrument subsequently executed by the parties to this Agreement. All negotiations and understandings have been included in this Agreement. Statements or representations which may have been made to the Client by the Performer, or to the Performer by the Client, in the negotiation stages of this Agreement may in some way be inconsistent with this final written contract. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
  54. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Performer's successors, assigns, executors, administrators, beneficiaries, and representatives, and the Client's successors and assigns.
  55. The Performer specifically warrants and represents that all copyrighted material to be performed has been licensed or authorised by the copyright owners or their representatives. The Performer indemnifies the Client for any copyright infringement and any expenses that may result from such copyright infringement during or as the result of the Performance.
  56. The Client will be responsible for providing suitable power and electricity for the Performance.
  57. 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. The Client will control the scheduling of the Performance. The Performer is not an employee of the Client. The exclusive nature of this Agreement is limited to the duration of the Performance and it is expected that the Performer will enter other similar agreements with other clients.
  58. Any notices or delivery required here will be deemed completed when hand-delivered, delivered by agent, or seven days after being placed in the post, postage prepaid, to the parties at the respective addresses contained in this Agreement or as the parties may later designate in writing.

IN WITNESS WHEREOF the Client and Performer have duly affixed their signatures under hand and seal on this ________ day of ________________, ________.



_____________________________
Witness


_____________________________
_________________________



_____________________________
Witness



_____________________________
__________

Performance Contract Information

A Performance Contract is also known as a/an:

  • Entertainment contract
  • Performance agreement
  • Contract for entertainment services
  • Artist performance contract
  • Music performance agreement

What is a Performance Contract?

A Performance Contract is a contract between a performer and a client that outlines the terms and conditions of a live performance. The document allows parties to agree on specific details before any money changes hands. This way, both the performer and the client are protected. Also, there is a greater chance that both parties will be satisfied with the live performance if they communicate their expectations through an agreement.

Who should use a Performance Contract?

Venues or event managers typically create Performance Contracts, but performers themselves can also initiate a formal agreement. All kinds of performers can use LawDepot’s Performance Contract. This document is suitable for musicians, DJs, performance artists, dancers, clowns, magicians/illusionists, etc.

A written performance contract should be in place whenever a performance occurs during an event, especially if the client is paying the performer. Examples of events include:

  • Concerts and shows
  • Weddings or birthdays
  • Corporate events
  • Family reunions

What should I include in my Performance Contract?

To complete a Performance Contract, you need to provide the following information:

  • Performance details: state whether the performance is by a solo artist or an ensemble. Include the stage or ensemble name in addition to the performer’s real name. Provide the performer’s contact information.
  • Client details: confirm whether the client is an individual or a company or partnership and provide contact information.
  • Venue details: name the venue and provide an address and phone number.
  • Performance details: provide a brief description of the show (e.g., magic act) along with the date and time of the show (or shows).
  • Payment details: state how the client will pay the performer, including details of a deposit (if any).
  • Performer duties/Client duties: this is where you note if the performer will be selling merchandise and if they are obligated to obtain insurance before the performance.
  • Cancellation: choose a date by which the performer can cancel the Performance Contract without penalty, a date for cancellation by the client with a refundable deposit, and the deadline for cancellation by the client without a deposit.
  • Additional Clauses: provide any additional information you deem necessary.

How do you write a Performance Contract?

There are two versions of a Performance Contract you can create with LawDepot: a short version and a long version.

The short version will prompt you to create a simple document that meets the minimum requirements for a performance contract. With this version, you will cover all the necessary details quickly and easily. This is a great contract for wedding singers, birthday acts, or other small performances. While this contract doesn’t go into great detail, you can still include additional clauses.

The long version is a more comprehensive document that expands upon the terms and conditions in greater detail. This version is ideal for larger performances that require more specific information and details.

When filling out the long version, you have the opportunity to provide additional details such as:

  • Payment of expenses: clarify which expenses are the client’s responsibility (e.g., transportation, accommodation, or hospitality expenses).
  • Performer duties: specify any additional duties required from the performer, such as dress codes or the use of pyrotechnics.
  • Client duties: note if the client is obligated to advertise or insure the performance.
  • Mediation/Arbitration: describe how to settle unresolved disputes if they occur.
  • Miscellaneous terms: determine who will be providing the light and sound system.

How do I write a cancellation policy into a Performance Contract?

LawDepot’s Performance Contract questionnaire prompts you to customise a cancellation policy to suit your needs. First, specify a deadline by which the performer can cancel the performance without penalty as long as they provide written notice.

Then, choose a different date by which the client can cancel the performance by and still receive a refund on their deposit. After this date, the client will no longer receive their deposit back if they cancel.

You are also required to pick the final day that the client can cancel the performance. The client can cancel the performance with written notice before this date but will lose the deposit. After this date, the client has to pay the performer the full payment.

For example, if your event is on 30 March, you may state in the contract that you, the client, can cancel the performance by 1 March and still get your deposit back from the performer. You may also say that you have until 15 March to cancel the performance, but the performer will keep the deposit. Then, you pick a deadline for the cancellation of the event by the client, such as 20 March. If you cancel your event on 25 March, you will be required to pay the performer in full.

How do I cancel a Performance Contract?

If you must cancel a performance, give the performer as much notice as possible. This is the most professional way to handle that scenario and, depending on the contract you wrote, can save you the most money. Either way, communication in the event of a cancellation will help maintain a professional relationship with the performer.

What is an appropriate amount for a deposit?

This will depend on several factors, such as the extent of the performance and the amount of money exchanged. A 50% deposit is not unreasonable. However, many factors go into determining an appropriate amount for a deposit. For instance, if you have an existing relationship with the client, you may decide only to exchange a small deposit before the performance, if any at all.

Having said that, as a performer you should avoid a situation where you could end up taking a financial hit if you don’t receive a deposit. For example, if the performer paid for a plane ticket to get to the event, and the client cancelled the contract, the performer would take a financial hit if they didn’t receive a deposit.

Related Documents:

  • Independent Contractor Agreement: use this agreement to formalise an arrangement between a client and a freelance contractor, whereby the contractor will provide specified services for the client.
  • Consulting Agreement: use this contract between a consultant and a client to detail the terms of their working arrangement, and the desired results, planned duration, and nature of the project.
  • Catering Contract: use this contract to specify the details of catering services taking place over a specific time for one or more events.
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