Last Updated February 15, 2024
Written by
Samantha Oro Samantha Oro, BA, MA
Samantha Oro is a content writer for LawDepot’s content marketing team. Samantha obtained a Bachelor of Arts in English Literature from Canadian University College (now Burman Universit...
Reviewed by
Alan Collins Alan Collins, BCL
Alan Collins is a Legal Writer and Custodian of Records for LawDepot and a member of the Alberta Law Society. Interests in literature, language and history are what prompted him to stud...
|
Fact checked by
Kyle Adam Kyle Adam, BComm
Kyle Adam is a seasoned content creator, editor, and SEO specialist with over four years of experience. Presently, he serves as Senior Marketing Writer and Editor at LawDepot. Holding a...
A Performance Contract is an agreement outlining the terms and conditions of a live performance. This contract is created between a client and a freelancing artist or group.
Clients may be individuals or businesses running a venue. Performers may be, for example:
- Bands or musical groups
- Solo artists or DJs
- Dancers or gymnasts
- Theatre actors
- Comedians
- Magicians
- Poets
A performer or client can use our Performance Contract template for private and commercial events to finalize a booking.
As with any business arrangement, it’s important that all parties agree with the terms of the arrangement. Though verbal agreements are legal, they are not easily enforceable. Parties in a verbal agreement can easily remember things differently if a future dispute occurs.
A written contract is a more substantial, legally binding agreement as it puts all details in writing to clarify the client's and performer's responsibilities. Should any future dispute occur, having a document in writing will provide good evidence of what was actually agreed on at the time.
Furthermore, it protects the client and performer. A client’s interests concerning scheduling, accommodations, cancellations, and liabilities are all laid out in a Performance Contract. As for performers, it creates stability for their scheduling and compensation while detailing their responsibilities for the performance dates, which is why many managers and agents require them upon booking a performer.
Often, performers are the ones to initiate the use of a Performance Contract. However, if a performer doesn’t initiate a contract, a client can bring it up to solidify the deal.
For example, suppose a company is celebrating the launch of a new product and hires a singer to perform. A Performance Contract can secure the booking and outline the terms.
To help with booking an artist, you can customize LawDepot’s Performance Contract for several kinds of events, including:
- Corporate events
- Live shows
- Weddings
- Parties
- Birthdays
- Reunions
- Concerts
LawDepot’s easy-to-use questionnaire helps you draft a Performance Contract in minutes. We provide the option of a short version contract for a minimal agreement to cover more informal shows, like an entertainer for a birthday party. Alternatively, a long version contract provides further details such as extended performance requirements and additional expenses.
Once you choose your location and contract version, complete your agreement with the following steps:
LawDepot’s Performance Contract template can be useful for group or solo performers. Fill in the:
- Names (including stage names, if applicable)
- Group name, if applicable (e.g., band name)
- Contact details
You’ll then decide who will sign the contract, also known as the signing authority. The artist can have signing authority. Alternatively, a group leader or a business manager can have the authority to sign on behalf of a group or artist.
2. Client and venue details
Whether the client is an individual or a business, include a name and contact details for whichever suits the situation best. Most importantly, include the address and name of the venue. These will be details the performer needs for travel and preparation.
Describe what kind of performance will be taking place to provide a clear understanding of what the performer must prepare and do on the day. Performance details will include how many shows there will be with the dates and times for scheduling.
4. Payment details
Payment details outline how much the performer(s) will be paid and any deposits required before the performance date. You can also include any overtime rates and additional expenses the client will cover (e.g., transport, accommodation, meals, etc).
Some artists may have a business manager to negotiate payments if you’re looking at how much to pay a performer. Other performers may have set rates for their time or be part of a union for their profession. Unions they could be under include:
With our Performance Contract, you can create a more detailed list of performer and client duties for an event. You may specify the following:
- Who is providing the light and sound system?
- Will performers be allowed to sell merchandise?
- Will the client be responsible for obtaining liability insurance?
Please note venues and clients are responsible for permits and ensuring that performances are not recorded or transmitted during an event.
6. Cancellations and dispute resolutions
Cancellation deadlines and deposit refund dates benefit both parties. For example, it allows the client time to find an alternative and allows the performer to book another paid gig. Our questionnaire will prompt you to include cancellation details for both parties that fit your needs.
As you create your agreement, LawDepot’s template implements a dispute resolution clause should either party breach the contract. This clause contains options for mediation or going straight into arbitration.
7. Signing details
Choose a date for signing with the option to include a witness to be present. Though it’s not legally required, having a witness present is good practice. It adds to the formality of the signing and makes both parties focus on the decisions being made.
Witnesses should be an independent person without familial or business ties to either party. If a future dispute occurs, the witness can be called upon to say that they did see the parties sign the agreement.
Yes, when properly executed and signed, contracts are legally binding. The Quebec Civil Code, or the common law in the rest of Canada, governs the legality of a contract. LawDepot’s Performance Contract is customized for each province and territory to ensure your contract follows all the requirements of a legally binding agreement for your region.
If either party breaches the agreement, we have included a dispute and resolution clause to determine when and how both parties will approach any issues that may occur—saving you time and money on any court and extensive legal fees.
