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Performance Contract


music
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theatre or drama
magic
poetry
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 check 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: _________________________, Ohio
    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

    __________
    November 8, 2024

    November 8, 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 $______ USD (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, certified check, 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 November 8, 2024.
  19. The Client reserves the right to cancel this Agreement without obligation upon written notice to the Performer prior to November 8, 2024. Cancellation by the Client later than November 8, 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, labor 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 license.

Last Updated February 15, 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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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?

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.

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

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:

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 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.

3. Performance details

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:

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 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. 

Is a Performance Contract legally binding in the United States?

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.

Related Documents:

  • Music Recording Contract: Write an agreement between an artist and a recording studio or company outlining the terms and conditions of music produced in a studio recording session.
  • Independent Contractor Agreement: Create a service agreement detailing the relationship between an independent contractor and a client.
  • Consulting Agreement: Write a contract between a consultant, also known as a freelancer or contractor, and a business or individual outlining the terms and conditions of the work being provided.
  • Model and Entertainment Release: Create a document that grants creative rights from a model, artist, or performer.
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