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Performance Contract


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theatre or drama
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comedy
gymnastics or acrobatics
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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.
  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: _________________________, Australian Capital Territory
    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

    __________
    8 November 2024

    8 November 2024

    __________

    __________

  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 $______ AUD (the "Fee").
  13. Performer Expenses
  14. 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.
  15. Payment of Balance
  16. 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.
  17. Cancellation
  18. The Performer reserves the right to cancel this Agreement without obligation upon written notice to the Client prior to 8 November 2024.
  19. The Client reserves the right to cancel this Agreement without obligation upon written notice to the Performer prior to 8 November 2024. Cancellation by the Client later than 8 November 2024 will require payment of the full Fee.
  20. Non-performance by the Client
  21. 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.
  22. Security Deposit
  23. The Performer will not be required to post a security deposit against any or all possible damage related to or arising from the Performance.
  24. Force Majeure
  25. Neither the Performer nor the Client will be held liable for any failure to perform their respective 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.
  26. Sickness and Accidents
  27. The Performer agrees to meet its obligations under this Agreement subject to legitimate incapacity of the Performer caused by sickness or accident.
  28. No Recording of the Performance
  29. 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.
The remainder of this document will be available when you have purchased a licence.

Last Updated February 27, 2024

Written by 

Samantha Oro
Samantha Oro, BA, MA
Samantha Oro

Samantha Oro is a content writer for LawDepot’s content marketing team. Samantha obtained a Bachelor of Arts in English Literature from Canadian University College (now Burman Universit...

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Alan Collins
Alan Collins, BCL
Alan Collins

Alan Collins is a Legal Writer and Custodian of Records for LawDepot and a member of the Alberta Law Society. Interests in literature, language and history are what prompted him to stud...

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Lawdepot's Editorial Policy

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Fact checked by 

Kyle Adam
Kyle Adam, BComm
Kyle Adam

Kyle Adam is a seasoned content creator, editor, and SEO specialist with over four years of experience. Presently, he serves as Senior Marketing Writer and Editor at LawDepot. Holding a...

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What is a Performance Contract?

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

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 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.

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, 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

How to write a Performance Contract in 7 easy steps

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:

1. Fill in 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 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.

3. Provide performance details

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:

5. Outline 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. 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.

Is a Performance Contract legally binding in Australia?

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.

Related Documents:

  • Catering Contract: Create an agreement to hire a caterer to prepare and serve food at a function.
  • Cleaning Services Contract: Outline the responsibilities and obligations between a customer and an individual or business hiring cleaning services.
  • Computer Services Agreement: Write a contract to hire an individual or company to provide computer services in exchange for remuneration.
  • Consulting Agreement: Develop an agreement that outlines the terms of a professional relationship between a consultant and a client.
  • Employment Contract: Create a contract to outline rights, responsibilities, and obligations for an employee and employer entering a working relationship.
  • Independent Contractor Agreement: Write a contract detailing the terms for a project, commitment, or job provided by an independent contractor.
  • Service Agreement: Make a document for when a customer hires a service provider to complete a job, task, or project.
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