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Performance Agreement


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Your Performance Agreement

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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. Definitions
  2. "Gross Ticket Sales" means the total of all proceeds collected or resulting from the Performance.
  3. Business Address of the Performer
  4. Any payments by cheque or money order should be made out to _________________________
    The Performer's business address is as follows:
    Address: _________________________
    Telephone: _________________________

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

  7. Venue
  8. The place of performance (the "Venue") is located at:
    Name: _________________________
    Address: __________________________________________________, Alberta __________
    Telephone: _________________________

  9. Performance
  10. The entertainment to be provided by the Performer is generally described as ___________________________________  (the "Performance").
  11. Date and Time of Performance
  12. The Performance will consist of _____ show/s 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





  13. Payment
  14. In full consideration for all services rendered by the Performer at the Performance, the Client agrees to pay the Performer a fixed fee of $______ CAD (the "Fee").
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Last Updated February 15, 2024

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What is a Performance Contract?

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.

Why should I create a Performance Contract?

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. 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 provide good evidence of what was actually agreed on at the time. 

Furthermore, it protects the client and performer. A client’s interests concerning scheduling, accommodations, cancellations, and liabilities are all laid out in a Performance Contract. As for performers, it creates stability for their scheduling and compensation while detailing their responsibilities for the performance dates, which is why many managers and agents require them upon booking a performer. 

When to use a Performance Contract

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

How to write a Performance Contract in 7 easy steps

LawDepot’s easy-to-use questionnaire helps you draft a Performance Contract in minutes. We provide the option of a short version contract for a minimal agreement to cover more informal shows, like an entertainer for 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 steps:

1. Performer details

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’ll then decide who will sign the contract, also known as the signing authority. The artist can have signing authority. Alternatively, a group leader or a business manager can have the authority to sign on behalf of a group or artist.

2. 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, include the address and name of the venue. These will be details the performer needs for travel and preparation.

3. Performance details

Describe what kind of performance will be taking place to provide a clear understanding of what the performer must prepare and do on the day. Performance details 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 performance date. You can also include any overtime rates and additional expenses the client will cover (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. Unions they could be under include:

5. Performer and client duties

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 dispute resolutions

Cancellation deadlines and deposit refund dates benefit both parties. For example, it allows the client time to find an alternative and allows the performer to book another paid gig. Our questionnaire will prompt you to include cancellation details for both parties that fit your needs.

As you create your agreement, LawDepot’s template implements a dispute resolution clause should either party breach the contract. This clause contains 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.

Is a Performance Contract legally binding in Canada?

Yes, when properly executed and signed, contracts are legally binding. The Quebec Civil Code, or the common law in the rest of Canada, governs the legality of a contract. LawDepot’s Performance Contract is customized for each province and territory to ensure your contract follows all the requirements of a legally binding agreement for your region. 

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.

Related Documents:

  • Band Partnership Agreement: Create an agreement to establish the rules for being in a band, including the rights and responsibilities of each member.
  • Consulting Agreement: Outline the contract terms in which a consultant offers their services to a client in exchange for compensation.
  • Independent Contractor Agreement: Write an agreement outlining the terms of a working relationship between an independent contractor and a customer.
  • Music Recording Contract: Create a contract determining the terms between a recording studio and an artist.
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