Again, sorry for the delay in getting back to you. For all the reasons contained in my previous post, it has been a bit of a problem finding something in my templates that would be useful to you and wouldnt require a lot of revising by me. In the end, I really didnt have much, so here is what I did. I found one agreement that was very artist friendly which, if you read through it, may help you think about some issues that might not have crossed your mind. Perhaps it will help you as you create your own contract. However, Im sure there are provisions in the agreement below that are going to be objectionable to some venues/owners. Ultimately, maybe you should post your contract online so you can get feedback from me and others.
Please be very clear this is not intended as legal advice and is merely intended as information that will help you think about some of the issues you will want to talk with a competent music attorney about when creating your contract. So with that caveat, and for what its worth, here you go:
This agreement (Agreement) is made this _____ day of ________, 2004, between ___________ (hereinafter referred to as Purchaser) with its principal place of business located at __________________________________ and ____________ (Artist) with a principal place of business located at ____________.
It is mutually agreed between the parties as follows:
Purchaser engages Artist, and Artist accepts such engagement, to furnish the entertainment services of Artist for the performance hereinafter described pursuant to the terms and conditions herein set forth, including those listed on Exhibit A entitled Additional Terms and Conditions, attached hereto and by this reference incorporated herein.
1. Artist agrees to furnish Artists performing services to Purchaser for ____ ( ) performance(s) of approximately ________ ( ) minutes in length for presentation thereof by Purchaser:
(a) at ____________________, (the Venue) located at ______________________________________;
(b) on the ____ day of __________, 2004;
(c) at the following time(s):____________________
(d) Rehearsals, if any, to be held: ________________________;
(e) The Venue will be available for Soundcheck at ____________, but under no circumstances later than ________ minutes prior to the performance.
(f) Artist will receive Sole top billing in form and size as determined by Artist on all forms of advertising, marketing, and promotion with respect to the performance.
2. As consideration for Artists performing services hereunder, Purchaser agrees to pay Artist a guaranteed fee in the amount of ___________________ ($__________) Dollars (the Performance Fee) per performance, as follows:
(a) A deposit, payable by certified check, money order, or cash, in the amount of __________________($________) Dollars, upon execution hereof. (Checks shall be made payable to _______________).
(b) The balance of the Performance Fee shall be payable, in cash, no later than ____ ( ) hours prior to the performance.
(c) Purchaser guarantees payment of the Performance Fee under any circumstance, condition, weather or otherwise, with the exception of cancellation due to Artists willful failure to perform.
3. As further consideration for Artist furnishing Artists services hereunder, Purchaser, at Purchasers sole expense, agrees to provide Artist the following accommodations:
(a) _____ ( ) first class hotel rooms: ___ ( ) single(s); ____;( ) double(s).
(b) Round trip ______ transportation to and from the Venue, from ____________ on ________________, returning on ______________ (point of origin).
(c) All local ground transportation from the airport, train station, bus depot, etc. to the hotel as necessary, and from the hotel to the Venue, as necessary for performance and rehearsal, sound check, promotions, etc.
(d) No less than three (3) first class meals per day during Artists stay, or a per diem of ___________ ($________) dollars, per day, payable, in cash, upon Artists arrival.
(e) Adequate security to properly and carefully protect Artist and Artists staff including all necessary liability insurance to properly indemnify Artist and Artist against any and all third party claims.
Accepted and Agreed:
PURCHASER ARTIST
By:_______________ By:_________________
The above signatures confirm that the parties have read and approve each and all of the Additional Terms and Conditions set forth on Exhibit A.
EXHIBIT A
ADDITIONAL TERMS AND CONDITIONS
The parties hereto acknowledge that the following additional terms and conditions are incorporated in and made a part of the Agreement between the parties hereto:
1. PURCHASER agrees to furnish at its own expense all that is necessary for the proper presentation of the entertainment presentation at performances, and if required by ARTIST, all rehearsals therefor, including, but not limited to, a suitable theater, hall or auditorium, well-heated, lighted, clean and in good order, stage curtains, properly tuned grand piano(s) and first class public address system in perfect working condition including microphone(s) in number and quality required by ARTIST and comfortable, lighted dressing rooms; all stagehands, stage carpenters, electricians, electrical operators and any other labor as shall be necessary and/or required by any national or local union(s) to take in, hang, work and take out the entertainment presentation (including scenery, properties and baggage); all lights, tickets, house programs, all licenses (including musical performing licenses); special police, ushers, ticket sellers for advance or single sales (wherever sales take place), ticket takers; appropriate and sufficient advertising and publicity including but not limited to bill-posting, mailing and distributing of circulars, display newspaper advertising in the principal newspapers and PURCHASER shall pay all other necessary expense in connection therewith. PURCHASER agrees to pay all amusement taxes. PURCHASER agrees to comply with all regulations and requirements of any national or local union(s) that may have jurisdiction over any of the materials, facilities, services and personnel to be furnished by PURCHASER and by ARTIST. PURCHASER agrees to furnish all necessary material and equipment and to promptly comply with ARTISTs directions to arrange the stage decor and settings for the performances hereunder. In addition to those musicians, if any, to be furnished by either ARTIST or PURCHASER pursuant to any other provision hereof, PURCHASER agrees to furnish at its sole expense such musicians, including musical contractor, as may be required by any national or local union(s) for and connection with this engagement and rehearsals therefor; ARTIST shall have the right to name the local music contractor and to approve the choice of musicians hired locally. The following Special Props and Lighting required by ARTIST shall be furnished by PURCHASER at PURCHASERs sole expense:
(a) One _______ channel mixing board;
(b) One reverb unit;
(c) One spotlight and quality lighting system.
2. ARTIST shall have the sole and exclusive control over the production, presentation and performance of the engagement hereunder, including but not limited to, the details, means and methods of the performances of the performing artists hereunder, and ARTIST shall have the sole right, as ARTIST may see fit, to designate and change at any time the performing personnel, with the exception of Artist. ARTISTs obligations hereunder are subject to detention or prevention by Artists sickness, inability to perform, or by accident, failure of transportation, Acts of God, riots, strikes, labor difficulties, epidemics, any act or order of any public authority or any other cause, similar or dissimilar, beyond ARTISTs control. In the event of cancellation by Artist under such circumstances, ARTISTs sole responsibility and liability will be to refund the amount of the deposit already paid to Artist.
3. PURCHASER shall not have the right to broadcast or televise, photograph, videotape, record or otherwise reproduce the performances hereunder, or any part thereof. Notwithstanding, the foregoing, PURCHASER shall have the right to reproduce, print, publish and disseminate, in any medium, Artists name, approved portrait, pictures and likeness, and approved biography, as news or information, solely in conjunction with the advertising, marketing and promotion of the performance. PURCHASER agrees that no performers, other than those to be furnished by ARTIST hereunder, will appear on or in connection with the engagement hereunder. PURCHASER shall not have the right to assign this agreement, or any provision hereof. Nothing herein contained shall ever be construed as to constitute the parties hereto as a partnership, or joint venture, or that ARTIST shall liable in whole or in part for any obligation that may be incurred by PURCHASER in PURCHASERs carrying out any of the provisions hereof, or otherwise. The person executing this agreement on PURCHASERs behalf warrants his authority to do so, and such person hereby personally assumes liability for the payment of said price in full.
4. PURCHASER agrees that the entertainment presentation will not be included in a subscription or other type of series without the written consent of ARTIST. Free admissions, if any, (except to local press) shall be subject to ARTISTs prior written approval. In the event that payment to ARTIST shall be based in whole or in part on receipt of the performance(s) hereunder: (a) the scale of ticket prices must be submitted to and approved by ARTIST in writing before tickets are ordered or placed on sale; (b) PURCHASER agrees to deliver to ARTIST a certified statement of the gross receipts of each such performance within two hours following such performance; and (c) ARTIST shall have the right to have a representative present in the box office at all times and such representative shall have the right to examine and make extracts from box office records of PURCHASER relating to gross receipts of this engagement only.
5. If before the date of any scheduled performance it is found that PURCHASER has not performed fully its obligations under any other agreement with any party for another engagement, or that the financial credit of the PURCHASER has been impaired, ARTIST may cancel this agreement. In the event that PURCHASER does not perform fully all of its obligations herein, ARTIST shall have the option to perform or refuse to perform hereunder and in either event PURCHASER shall be liable to ARTIST for damages in addition to the compensation provided herein.
6. ARTIST shall have the sole and exclusive right, but not the obligation, to sell souvenir programs and other souvenir items including phonograph records in connection with, and at, the performance(s) hereunder and the receipts thereof shall belong exclusively to ARTIST.
7. This Agreement constitutes the sole, complete and binding agreement between the parties hereto and may not be changed, modified or altered except by an instrument in writing signed by the parties. This Agreement shall be construed in accordance with the laws of the State of _______. Nothing in this Agreement shall require the commission of any act contrary to law or to any rule or regulation of any union, guild or similar body having jurisdiction over the performances hereunder or any element thereof and wherever or whenever there is any conflict between any provision of this Agreement and any such law, rule or regulation, such law, rule or regulation shall prevail and this Agreement shall be curtailed, modified or limited only to the extent necessary to eliminate such conflict.
8. Any claim or dispute arising out of or relating to this Agreement or the breach thereof shall be settled by arbitration in accordance with the rules and regulations then obtaining of the American Arbitration association governing three-member panels. The parties hereto agree to be bound by the award as such arbitration and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
