WHAT IS A PERFORMANCE CONTRACT?

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What is a performance contract

This guidance is not meant to be taken as legal advice. It is advisable, before signing any legally binding document, that you seek legal advice from a lawyer.

A performance contract is a document that sets out the agreement between the performer and the event organiser. A good performance contract is drafted clearly so that it is easy to read and understand. It should clearly set out the following:

Who the parties to the agreement are (e.g.; performer’s and event organiser’s name and contact details)?
Where the agreement will be carried out (e.g.; the venue location and country and event time)?
When the agreement starts and ends?
What is being offered and accepted by the parties for the performance to take place? (in other words, what is the deal?)

The contract ought to be signed and dated by the parties so that it is clear that they are entering into a legally binding agreement. There will therefore be some space for signatures.

MAIN CLAUSES IN PERFORMANCE CONTRACTS

The performance contract should, in my opinion, be clear about the following points:

Who is booked to perform, including stage names?
How much the performer is being paid and in which currency?
How the payment will be made, when the payment is due and whether a usual performance deposit is payable to secure the booking?
Who is responsible for the costs of travel: including flights to the country hosting the event, airport transfers and ground transport to and from the event?
Who will pay for accommodation and the type of accommodation such as a luxury villa, standard hotel room and so on?
Who is responsible for the costs of food and refreshments? Often a daily allowance is payable by the event promoter for performers’ daily maintenance (commonly referred to as per diem).
The law of the country that governs the contract and which country’s courts have the jurisdiction to settle any disputes that may arise.
An exclusivity clause may exist to restrict the performer from taking on any shows within a certain distance from the event and within a certain time of the event (this is to safeguard the promoter from unreasonable competition which may adversely affect event ticket sales).
A clause, often called a Force Majeure clause, that sets out what happens if an ‘Act of God’, sickness, pandemic, labour strike or some other unfortunate incident prevents the event from taking place. It is usual here to set down requirements for the event to be re-scheduled within a certain time frame.

This list is not exhaustive but I hope we have assisted you to identify the main points that should appear within a performance contract.

Again, this guidance is not legal advice and you are advised to seek legal advice from a lawyer before signing or preparing any legally binding documents.

Performance contracts are usually provided with hospitality and technical riders, so check out my video ‘What is an Artist Rider?’

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What does a booking agent do?

by Julie Ricketts • 7 December 2022

What does a booking agent do?

What is an Artist Rider?

by Julie Ricketts • 6 December 2022

WHAT IS AN ARTIST RIDER? Artist riders are incorporated in performance agreements and set out the various elements needed to enable a sleek, hindrance-free gig. Riders are designed to inform gig organisers about what the artist needs to perform well on-stage and what they need to be comfortable off-stage before and after their performance. The rider is usually split into two parts which are the technical rider and the hospitality rider. Technical Rider The technical rider informs gig organisers what technical equipment, such as instruments and mics, are required for the artist’s gigs. This is very important because all artists, stage managers and musicians have their own equipment preferences. In some cases, a deviation from the technical rider will result in equipment being incompatible with the gig set-up. Good technical riders include the sound and lighting equipment preferences, the stage plan to show where each musician will be placed and where mic stands for singers should be positioned. The venue organisers will provide their event production manager with a copy of the artist’s technical rider. The earlier this is done, the more time they will have to liaise compromises with artists’ sound engineers because some things (such as stage dimensions) cannot be changed. Good technical riders also deal with rehearsals and sound check arrangements. Hospitality Rider The hospitality rider informs gig organisers of what is needed of a non-technical nature to facilitate the gig and to ensure the comfort of the artist. They include flights, accommodation, ground transport, security, backstage passes and other items such as food, refreshments and hygiene products for the artists’ team. Summary The technical and hospitality riders are crucial parts of any performance contract. From an event organiser’s point of view, riders provide a clear insight into expenditure and are an essential budgeting tool. From an artist’s point of view, riders set out the requirements to make event organisers aware of the provisions that need to be in place (alongside performance fees) for event bookings. To book an artists for the Private parties, public, corporate and charity events, product endorsements, theatre, film and television visit us