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Performance Agreement

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PERFORMANCE AGREEMENT

THIS CONTRACT (the "Agreement") made and entered into this ________ day of ________________, ________ (the "Execution Date"),

BETWEEN:

_________________________ of _________________________
(the "Client")

OF THE FIRST PART

- AND -

_________________________
(the "Performer")

OF THE SECOND PART

BACKGROUND:

The Performer is a professional entertainer.
The Client wishes to engage the Performer subject to the terms and conditions as follows:

IN CONSIDERATION OF and as a condition of the Client hiring the Performer and other valuable consideration, the receipt and sufficiency of which consideration is acknowledged here, the parties to this Agreement agree as follows:

Business Address of the Performer
Any payments by cheque or money order should be made out to _________________________
The Performer's business address is as follows:
Address: _________________________
Telephone: _________________________
Business Address of the Client
The Client's business address is as follows:
Address: _________________________
Telephone: _______________________
Venue
The place of performance (the "Venue") is located at:
Name: _________________________
Address: _________________________, Alberta
Telephone: _________________________
Performance
The entertainment to be provided by the Performer is generally described as ___________________________________ (the "Performance").
Date and Time of Performance

The Performance will consist of one show on the date and between the times indicated in the table below and the Venue will be available for set-up and sound check at the date and time also indicated in the table:

Set-up Time and Date	Date of Show	Start Time	End Time
__________ January 14, 2025	January 15, 2025	__________	__________

Payment
In full consideration for all services rendered by the Performer at the Performance, the Client agrees to pay the Performer a fixed fee of $______ CAD (the "Fee").
Performer Expenses
The Performer agrees that the Fee is inclusive of all expenses, accommodations, holiday entitlements, traveling expenses to and from the Venue and covers any costs incurred by the Performer whatsoever, except as expressly provided in this Agreement.
Payment of Balance
Promptly after the last show on the final date of the Performance, the Client will pay to the Performer any outstanding balance of the Fee in cash, money order, certified cheque, or online payment.
Cancellation
The Performer reserves the right to cancel this Agreement without obligation upon written notice to the Client prior to January 14, 2025.
The Client reserves the right to cancel this Agreement without obligation upon written notice to the Performer prior to January 14, 2025. Cancellation by the Client later than January 14, 2025 will require payment of the full Fee.
Non-performance by the Client
Those obligations of the Client required to be met prior to the Performance are conditions precedent which must be satisfied in full by the Client before the Performer is required to perform unless otherwise agreed to by all parties in writing. If the Client cancels or postpones the Performance, or any show comprising the Performance, without proper notice or fails to make any payment or fails to perform any other condition precedent as required by this Agreement then the Client will be in breach of this Agreement and the Performer will have no further obligations under this Agreement.
Security Deposit
The Performer will not be required to post a security deposit against any or all possible damage related to or arising from the Performance.
Force Majeure
Neither the Performer nor the Client will be held liable for any failure to perform their respective obligations under this Agreement where such breach is due to any of the following: acts or regulations of public authorities, labour difficulties or strike, inclement weather, epidemic, interruption or delay of transportation service, acts of God, or any other legitimate cause beyond the reasonable control of the Performer and the Client.
Sickness and Accidents
The Performer agrees to meet its obligations under this Agreement subject to legitimate incapacity of the Performer caused by sickness or accident.
No Recording of the Performance
Recording or transmitting of the Performance by anyone through any means whatsoever will not be allowed under this Agreement. It is the responsibility of the Client to enforce this provision.

The remainder of this document will be available when you have purchased a licence.

Last Updated December 18, 2024

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What is a Performance Contract?

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.

Why should I create a Performance Contract?

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.

When to use a Performance Contract

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

How to write a Performance Contract in 7 easy steps

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:

1. Performer details

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.

3. Performance details

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:

5. Performer and client duties

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.

Is a Performance Contract legally binding in Canada?

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.

Free Performance Agreement

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Performance Agreement

Your Performance Agreement

What is a Performance Contract?

Why should I create a Performance Contract?

When to use a Performance Contract

How to write a Performance Contract in 7 easy steps

Is a Performance Contract legally binding in Canada?

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