Standard Contract for Live Performance by Musicians at a glance
What it is: The Standard Contract for Live Performance by Musicians is an agreement in which the Hirer agrees to engage the Artist on the terms of this agreement.
Who signs: The Hirer and the Artist each sign, by or on behalf of the party, with PRINT NAME, SIGNATURE and DATE (/ / 20). The signatory of the Hirer warrants that they have authority to enter this agreement on behalf of the Hirer.
A filled-in Standard Contract for Live Performance by Musicians example: a hirer books a band for one evening
How to fill out Standard Contract for Live Performance by Musicians, box by box
Hirer
Under HIRER, write the person or company name; under Trading as, write the name of business and ABN.
Write the address, the hm/wk phone, the mobile, the email and the fax.
Artist or Band Leader
Under ARTIST/BAND LEADER, write the 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).
Write the address, hm/wk phone, mobile, email and fax.
Agreement to engage artist
In 1(a) Appearing as, write the name of Act/ Band. In 1(b) To Perform, write the description of performance.
In 1(c) To provide the performance there will be, write the No. of Musicians and Crew (”personnel”) listed at Sch. A.
Performance venue and times
In 2(a) At, write the venue and full address.
In 2(b) On, write the date or as set out in Sch. B. Then write the time for performance from and to, or the period of the performance (less breaks).
If a residency (more than 1 booked gig) then list dates at Schedule B (reverse side).
Travel: transport, accommodation and meals
Travel: transport, accommodation and meals is included in Final Total unless one of the following options completed.
In 3(a), write the travel total (incl GST) the Hirer will pay and the date it is to be paid, no later than 5pm. The travel total covers all personnel travel, equipment transport, personnel accommodation and meal costs, which will be arranged by the Artist.
In 3(b), write the number of night/s accommodation per person, the number of meals per person per day and the date for confirmation in writing, by 5pm. The Hirer will transport all equipment and provide travel, accommodation and meals for personnel. All tickets, accommodation and meal vouchers are to be provided by that time.
Payment: Final Total, Deposit and Percentage of gross door takings
Under PAYMENT, write the Final Total (per performance) (for no. of performances and dates see reverse side).
Write the Deposit to be paid by 5pm on (date) and otherwise as set out in the payment clause.
AND/OR write the Percentage of gross door takings, to be paid as specified in the payment clause.
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, unless agreed otherwise (set out in Special Conditions). In the case of a percentage of door takings, then payment is to be within 30 minutes of the conclusion of each performance.
Signed by the Hirer and the Artist
Under SIGNED (Hirer), write the PRINT NAME, SIGNATURE and DATE (/ / 20), by or on behalf of the Hirer.
Under SIGNED (Artist), write the PRINT NAME, SIGNATURE and DATE (/ / 20), by or on behalf of the Artist.
More rules for Standard Contract for Live Performance by Musicians
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.
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.
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.
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.
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.
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.
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.
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.
All notices to be effective will be in writing and sent to the addresses noted on the front page for Hirer and for Artist. The validity, construction and performance of this Agreement will be governed exclusively by the laws of the State of WA.
If your situation is different
The performance is cancelled
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).
If any performance is cancelled without proper written notice; if no cancellation period is specified; 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.
Deposit and any incurred travel costs are not refundable in the event of 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.
The Hirer is a company or an association
To be included when Hirer is a company or an association.
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.
The Guarantor signs under SIGNED by, with PRINT NAME, SIGNATURE and DATED.
Common questions about Standard Contract for Live Performance by Musicians
Is there a deadline?
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.
Sources
[1] Standard Contract for Live Performance by Musicians, Media, Entertainment and Arts Alliance (WA branch) (the Official source link on this page).
