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STANDARD CONTRACT FOR LIVE PERFORMANCE BY MUSICIANS

HIRER (person or company name) _____________________________________________________________________________

Trading as (name of business and ABN) ___________________________________________________________________________________

of (address) ______________________________________________________________________(hm/wk phone) _____________________

(mobile) _________________________(email) _______________________________________________(fax)________________________

AND

ARTIST/BAND LEADER (name) __________________________________________________________________________________

Reference to Artist is also to Band Leader. If more than one person, the Band Leader acts as agent for personnel listed at Schedule A (reverse side) of (address) ______________________________________________________________________(hm/wk phone) _____________________

(mobile) _________________________(email) ______________________________________________(fax)_________________________

AGREEMENT TO ENGAGE ARTIST The Hirer agrees to engage the Artist on the terms of this agreement

1(a)

Appearing as

_______________________________________________________________________(name of Act/ Band)

1(b)

To Perform

__________________________________________________________________(description of performance)

1(c)

To provide the performance there will be ___________________(No. of) Musicians and Crew (”personnel”) listed at Sch. A

PERFORMANCE VENUE AND TIMES If a residency (more than 1 booked gig) then list dates at Schedule B (reverse side)

2(a)

At ____________________________________________________________________________(venue and full address)

2(b)

On _______________________ (date) or as set out in Sch. B for performance from __________(time) to _________(time)

 

or for a period of _________________________(less breaks)

TRAVEL: TRANSPORT, ACCOMMODATION AND MEALS Is included in Final Total unless one of the following options completed:

3(a)

The Hirer will pay a travel total of $ _________________ (incl GST) to cover all personnel travel, equipment transport,

 

personnel accommodation and meal costs, which will be arranged by the Artist. Travel total to be paid no later than 5pm

 

on __________________________(date)

3(b)

The Hirer will transport all equipment and provide travel, __________ night/s accommodation per person and _______

 

meals per person per day for personnel. Confirmation in writing of these arrangements and all tickets, accommodation and

 

meal vouchers to be provided by 5pm on ____________________(date)

CONFIRMATION OF PERFORMANCE

A booking is not confirmed by the Artist until in receipt of signed contract. The Hirer agrees to confirm performance by returned signed copy of the contract (via mail or fax) at least 7 days before the performance date.

CANCELLATION OF PERFORMANCE

The performance may only be cancelled by written notice received by the other party, no less than 7 days 14 days 21 days or 28 days before the performance date/s at clause 2(b). (Circle appropriate choice).

Deposit and any incurred travel costs are not refundable in the event of cancellation. If any performance is cancelled without proper written notice; if no cancellation period is specified above; or the performance is confirmed within the cancellation period specified: the performance stands as confirmed and the full Final Total payable immediately by the Hirer in the event of a cancellation. (The Artist may cancel at any time if unable to perform due to sickness, injury, transport problems, weather conditions or anything beyond their control, and is not liable to repay any amounts paid by the Hirer prior to the Artist cancelling).

PAYMENT

Final Total: $________________________________(per performance) (for no. of performances and dates see reverse side)

Deposit of $ __________________to be paid by 5pm on ______________(date) and otherwise as set out in the payment clause

AND/OR Percentage of gross door takings of_____________% to be paid as specified in the payment clause

SIGNED ____________________________________(Hirer) ___________________________________

/

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by or on behalf of

PRINT NAME

SIGNATURE

DATE

 

(The signatory of the Hirer warrants that they have authority to enter this agreement on behalf of the Hirer)

 

 

SIGNED ____________________________________ (Artist) __________________________________

/

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by or on behalf of

PRINT NAME

SIGNATURE

DATE

 

The Engagement: The Artist and personnel will follow all reasonable instructions relating to the proper and lawful conduct of the Hirer’s business. All instructions will be conveyed through the Band Leader to the personnel.

Payment: Unless agreed otherwise (set out in Special Conditions below) payment of the full balance of the Final Total is to be made to the Artist within 15 minutes of the conclusion of the first performance. In the case of a percentage of door takings, then payment is to be within 30 minutes of the conclusion of each performance.

Set Up and Load Out: The Hirer will provide the Artist and personnel with reasonable access to the venue before the performance to load in, set up, do sound checks and load out after the performance. The Hirer will provide secure on site parking for the Artist and personnel.

Staging: The Hirer will provide safe working conditions and ensure all equipment and facilities are in good working order. The Hirer will be in compliance with all statutory requirements (including adequate staging with protection from sun and bad weather) and will obtain all permits, consents and licenses necessary for the performance.

Power supply: The Hirer will provide safe and adequate power supplies operated by competent persons in accordance with all statutory requirements. If any of the Artist’s or the personnel’s instruments or equipment is damaged by malfunction or improper operation of the power supply the Hirer will reimburse any cost incurred to repair or replace the instruments or equipment.

Merchandise: The Artist will have the right to display and sell merchandise during the performance and at least 30 minutes prior to and after the performance, from a mutually agreed position without any payment to the Hirer.

Delay, Interruptions & Finish: If a performance is delayed, interrupted or finishes early as a consequence of any act or omission of the Hirer or due to weather conditions, then the Hirer will still pay the full Final Total. The Artist is not obliged to continue past set finishing time unless they agree.

Artistic Control: The band will have control of the artistic content of the performance and the people comprising the band. The Artist may substitute a competent replacement for any member of the band or personnel who is unable to perform the engagement. The substitution will have the effect of amending Schedule A to reflect any substitution.

Australian Business Number (ABN): Where the Hirer requires the Artist to furnish an ABN in respect of payment, it shall only be for the purpose of the taxation laws. This Agreement is not a Tax Invoice. Note any GST component may not be payable in the event of cancellation.

Insurance: The Hirer will provide and maintain the following policies with a reputable onshore insurer:

(a)Public liability insurance (min $10 million) including coverage endorsements for personal injury and property damage

(b)workers compensation insurance

(c)property insurance for the replacement value of any equipment

Indemnity: The Hirer indemnifies the Artist and personnel against all claims, including costs legal and otherwise, by the Hirer and the Hirer’s employees, agents, contractors, patrons, licensees or any other who as a result of the performance/s or cancellation of performance/s suffers any loss or damage of whatsoever nature.

Dispute Resolution: The parties agree that the courts of the State of Western Australia (WA) have exclusive jurisdiction to determine disputes in relation to this agreement. No party will institute legal proceedings unless reasonable steps are first taken to settle any dispute by negotiation. Each party is liable for its own costs in the event of a dispute, except that where the Artist is successful in pursuing or defending a dispute then the Hirer will pay the Artists’ costs on an indemnity basis.

Notices: All notices to be effective will be in writing and sent to the addresses noted on the front page for Hirer and for Artist.

Law: The validity, construction and performance of this Agreement will be governed exclusively by the laws of the State of WA.

Catering/Rider request: Hirer is to provide the Artist with water, clean towels if required and …..………………………………………….

………………………………………………………………………………………………………………………………………………………….

Special Conditions: ……………………………………………………………………………………….........................................................

.…………………………………………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………………………………………….

………………………………………………………………………………………………………………………………………………………….

SCHEDULE A – Personnel comprising the band (and crew if required)

1.

4.

7.

2.

3.

5.

6.

8.

9.

SCHEDULE B – Dates of performance

1.

5.

9.

2.

3.

4.

6.

7.

8.

10.

11.

12.

©Media, Entertainment and Arts Alliance (WA branch). Disclaimer: The Alliance will not accept responsibility or liability for the use of this form and parties using it should obtain independent advice where they see fit.

THIS PAGE TO BE INCLUDED WHEN HIRER IS A COMPANY OR AN ASSOCIATION

SCHEDULE C – GUARANTEE AND INDEMNITY

Unconditional Guarantee and Indemnity:

In consideration of the Artist, at the request of the Guarantor, entering into this agreement, the Guarantor:

unconditionally and irrevocably GUARANTEES to the Artist:

the due and punctual payment to the Artist and personnel of all amounts payable and all other moneys which may become due and payable to the Artist or personnel by the Hirer directly or indirectly pursuant to the terms of this agreement and any variation to this agreement; and

the due observance and performance of the Hirers obligations; and

as separate and independent stipulations:

unconditionally and irrevocably INDEMNIFIES the Artist and personnel and agrees to keep the Artist and personnel indemnified from and against all loss damage costs and expenses suffered or incurred by the Artist or personnel arising from or in connection with any breach or non-performance by the Hirer of the Hirers obligations or as a consequence of a disclaimer of this agreement by a liquidator or trustee of the hirer; and

as principal debtor agrees to pay to the Artist or personnel all monies payable by the Hirer under this agreement.

SIGNED by ....………………………………………… (Guarantor) ………………………………….. …. … ..

/

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PRINT NAME

SIGNATURE

DATED

 

©Media, Entertainment and Arts Alliance (WA branch). Disclaimer: The Alliance will not accept responsibility or liability for the use of this form and parties who chose to use it should obtain independent advice where they see fit.

Document Information

Fact Name Description
Parties Involved The contract involves two main parties: the Hirer and the Artist/Band Leader.
Performance Details The contract specifies the name of the act and the description of the performance required.
Performance Venue The venue and performance times are clearly outlined, including options for residency performances.
Travel Arrangements The Hirer may cover travel costs or provide transport, accommodation, and meals for the personnel.
Confirmation Requirement A signed contract is necessary to confirm the performance, with a deadline of at least 7 days prior to the event.
Cancellation Policy Cancellations must be communicated in writing, with specific notice periods outlined in the contract.
Payment Terms The contract details the final total payment, deposit requirements, and any percentage of door takings.
Insurance Obligations The Hirer must provide public liability insurance and other necessary coverage for the performance.
Governing Law This contract is governed by the laws of the State of Western Australia (WA).
Dispute Resolution Parties must attempt negotiation before pursuing legal action, with costs borne by each party unless specified otherwise.

Live Performance Contract - Usage Guidelines

Completing the Live Performance Contract form requires careful attention to detail to ensure all necessary information is provided. After filling out the form, it will be important to review the contract and ensure both parties sign it to confirm the agreement. Here are the steps to fill out the form:

  1. Enter the Hirer’s name and trading name, including the ABN.
  2. Provide the Hirer’s address, home/work phone number, mobile number, email, and fax number.
  3. Fill in the Artist or Band Leader's name and address, along with their contact details (phone, mobile, email, and fax).
  4. Specify the name of the Act or Band in the section for "Appearing as."
  5. Describe the performance in the "To Perform" section.
  6. Indicate the number of musicians and crew in the "to provide the performance" section.
  7. List the performance venue and full address.
  8. Enter the performance date or refer to Schedule B for multiple dates.
  9. Specify the performance times or duration.
  10. Choose the travel arrangement option and provide the necessary details.
  11. Confirm the performance by signing and returning a copy of the contract at least 7 days before the performance date.
  12. Circle the appropriate cancellation notice period (7, 14, 21, or 28 days).
  13. Fill in the Final Total payment amount and deposit details.
  14. Sign and date the contract for both the Hirer and the Artist.
  15. Complete any special conditions or additional requirements as necessary.
  16. Fill out Schedule A with the names of the personnel comprising the band and Schedule B with the performance dates.

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Dh 680 Form Pdf - It links to further resources available online for parents and caregivers.

Dos and Don'ts

When filling out the Live Performance Contract form, there are several important considerations to keep in mind. Here are four key actions to take and avoid:

  • Do ensure all information is accurate. Double-check the names, addresses, and contact details for both the Hirer and the Artist. Any mistakes can lead to confusion later on.
  • Do confirm performance details. Clearly outline the name of the act, the type of performance, and the number of musicians involved. This clarity helps manage expectations.
  • Do read the cancellation policy carefully. Understanding the terms regarding cancellation notice is crucial. It can save you from unexpected fees or complications.
  • Do keep a copy of the signed contract. Retaining a signed copy provides a reference point for both parties, ensuring that everyone is on the same page.
  • Don't leave sections blank. Each part of the form should be completed. Incomplete forms can delay confirmation of the performance.
  • Don't overlook payment terms. Pay attention to the deposit requirements and the final total. Missing payment deadlines can lead to complications.
  • Don't ignore special conditions. If there are specific requests or requirements, make sure to include them. This ensures that both parties are aware of their obligations.
  • Don't forget to sign the contract. A contract is not valid without signatures from both parties. Ensure that all necessary signatures are obtained.

Common mistakes

  1. Incomplete Contact Information: Many individuals neglect to provide complete contact details, such as phone numbers or email addresses. This omission can hinder communication and lead to misunderstandings.

  2. Failure to Specify Performance Details: Some hirers forget to clearly outline the name of the act or band and the specific description of the performance. Without this information, expectations may not align.

  3. Ignoring Travel Arrangements: A common mistake is not specifying travel arrangements. Whether it’s the hirer covering travel costs or the artist handling logistics, clarity is essential to avoid disputes later.

  4. Missing Cancellation Terms: Many people overlook the cancellation policy. It’s crucial to circle the appropriate notice period and understand the financial implications of a cancellation.

  5. Neglecting Payment Details: Some hirers forget to fill in the final total and deposit amounts. This oversight can lead to confusion about financial obligations and timelines.

  6. Not Signing the Contract: A signed contract is essential for confirmation. Some individuals mistakenly believe verbal agreements suffice, which can lead to complications down the line.

  7. Overlooking Special Conditions: Failing to include any special requests or conditions can create friction. It’s important to address unique needs in the contract to ensure all parties are on the same page.

  8. Ignoring the Indemnity Clause: Many hirers do not fully understand the indemnity clause. This can lead to unexpected liabilities if issues arise during the performance.

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