Last Updated March 12, 2024
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A Performance Contract outlines the terms and conditions of a performance that’s taking place at a commercial or private venue.
Venues and event managers use this contract to outline the details of an upcoming performance to the performer. The performer or performer's agency can also create a Performance Contract.
A Performance Contract protects an entertainment venue's interests concerning performance scheduling, accommodations, cancellations, and liabilities.
Common events requiring a Performance Contract include:
- Weddings
- Concerts and shows
- Corporate events, such as company parties
- Family reunions
A Performance Contract is also known as an:
- Entertainment contract
- Performance agreement
You can easily create a Performance Contract by completing LawDepot’s questionnaire. Using our template ensures you complete the following necessary steps.
State whether the performer is a solo or group act. Include the following details in the contract:
- Performer’s stage name (if applicable)
- Performer’s real name
- Performer’s address and contact information
Additionally, specify who has signing authority. You can assign contract signing authority to a group leader, all group members, or a business manager.
2. Provide the client and venue details
The client is the person or business hiring the performer. Provide the client’s and venue’s name, address, and phone number in the Performance Contract questionnaire.
Performance type
Describe the type of performance taking place. For example, if a musical group is the performer, state the genre of music they will perform.
Payment details
LawDepot’s Performance Contract template gives you the payment options of a fixed fee, percentage of gross sales, or a combination of both.
A fixed fee is an agreed-upon amount of money the client will pay the performer. The dollar amount doesn’t change and isn’t dependent on other factors.
A percentage of gross sales means the performer’s compensation is dependent on the amount of money made in sales at the event. Typically, the performer receives a percentage of the money earned in sales.
If applicable, state the deposit amount and overtime rate. Overtime rates apply if the performer agrees to perform outside of the contracted showtimes.
Client’s expenses
Outline any expenses the client will cover for the performer. These may include:
- Rental vehicles for performers and equipment
- Hotel accommodations
- Plane tickets
- Free drinks and meals
The performer and client need to discuss a variety of details before the performance. Both parties should have clear answers for important questions, such as:
- Can the performer sell merchandise?
- Is there a dress code?
- Does the performer have the authority to make changes to personnel?
- Will there be pyrotechnics?
- Can the performer consume alcohol at the venue?
5. State client duties
Provide important details that outline the client’s duties and obligations.
Advertising
It’s common for a venue to advertise upcoming performances it will be hosting. In your Performance Contract, state whether the client has to advertise the event.
Liability insurance
Liability insurance protects the client against claims related to bodily injuries or property damage that may occur while hosting an event. Select “yes” in the questionnaire if the client needs liability insurance.
6. Outline resolutions for cancellations and disputes
Cancellations
In the event of a cancellation, having a plan is a good way to avoid conflict between a performer and client.
Select the dates by which:
- The performer can cancel the agreement without obligation upon written notice
- The client can cancel the agreement with a refundable deposit
- The client can cancel the agreement but lose the deposit
Alternative dispute resolution
Suppose there is a dispute between the performer and the client. In that case, they can choose to use alternative dispute resolution instead of the courts to resolve the issue.
The parties may choose between going to mediation followed by arbitration if the mediation is unsuccessful or going directly to arbitration. A mediator aims to assist the parties in negotiating a settlement. An arbitrator acts like a judge and usually has some knowledge of the industry. The decision of an arbitrator is binding on the parties.
Specify how many days either party has to inform the other party of a dispute. State the number of days the notified party has to resolve the dispute before continuing to mediation or arbitration.
7. Describe additional clauses
Describe any additional clauses in the Performance Contract. The need for additional clauses may depend on the type of performance taking place. Some examples may be security, dressing room accommodations, and permitting audio and video recording.