Template

Performance Booking Agreement Template

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This agreement is made this ________ day of ______________, 20__ by and between _______ (Presenter) ___________ (hereinafter referred to as the “Presenter”) and  _____ Artist_____ , if more than one, listed on Addendum A attached hereto and included herein (hereinafter referred to as the “Artist”), by and through their designated agent or representative (“Manager”) identified below.

WHEREAS, Presenter conducts the event known as: ________________________________________________ (hereinafter referred to as the “Performance “); and ______Artist ____________

WHEREAS, Presenter desires to hire Artist, as independent contractor(s), to provide the Performance generally described below (the “Performance”).

WHEREAS, Artist(s) desire to provide such Performance;

The parties agree as follows:
1. Artists: The names and addresses of the Artist who will appear during the Performance, the amounts to be paid to each.

2. Agent/Manager: The name and mailing address of the Representative, who is executing this Agreement on behalf of Artist(s), is: ______________________________________________________

3. Place of Performance: The place of performance is at _____________________________________________________________

4. Date(s) and Time(s) of Performance:
The date(s) of the Performance shall be ______________________, 2002 and the time(s) of the Performance shall be _______________________. This Performance shall be _______ hours with a __________ intermission.

5. Performance: The Performance is generally described as: _____________________________________________________________

6. Agreement to Perform: Artist(s) agree to provide the Performance in accordance with the terms of this Agreement and any addendums or riders hereto.

7. Price of Performance: Presenter agrees to pay Artist or his agent an aggregate of _______________________ DOLLARS ($0000) for the Performance by cheque immediately following the Performance. The cheque shall be made payable to: _____________________________________________________________.

8. Recording, Reproduction or Transmission of Performance: Presenter will use its best efforts to prevent the recording, reproduction or transmission of the Performance without the written permission of Artist(s) or Artist’s representative.

9. Excuse of Obligations: Presenter and Artist shall be excused from their obligations hereunder in the event of proven sickness, accident, riot, strike, epidemic, act of God or any other legitimate condition or occurrence beyond their respective control.

10. Taxes: Presenter agrees to prepare and file all tax information required of a person who hires an independent contractor and Artist(s) agree that they have sole responsibility for the payment of any federal or provincial taxes arising from the monies paid by Presenter to Artist(s) for the Performance.

11. Indemnify for Copyright Infringement: Artist(s) represent and warrant that they are knowledgeable about the copyright laws of Canada as applicable to the Performance, and that Artist(s) shall not perform any copyrighted materials of others during Performance without full compliance with such applicable copyright laws. In the event that Artist(s) breach this representation, warranty and covenant, Artist(s) hereby agree to INDEMNIFY AND HOLD HARMLESS Presenter and its employees, guests and agents from and against all liability, loss, damages, claims, and expenses (including attorney’s fees) arising out of such breach.

12. Independent Contractor: Artist(s) acknowledge that they shall perform their obligations hereunder as an independent contractor and not as an employee of Presenter. Artist(s) further acknowledge that they are not on Presenter’s payroll and/or tax withholding rolls. Artist(s) shall have sole control and direction in the conduct of the Performance.

13. Merchandising: Artist(s) shall not sell any goods, products, merchandise or services (other than the services provided herein) at the performance except by express written permission of Presenter.

14. Promotion: Presenter shall be entitled to advertise and promote the appearance of Artist(s) and the Performance. Artist(s) acknowledge that Presenter will rely on the terms hereof in all such promotions and advertising and in the brochures to be printed setting forth the names, dates and times of all performances to be held. Artist(s) hereby acknowledge and agree that Presenter may use their names, photographs, likeness, facsimile signature and any other promotional materials in all of such promotions, advertising or other activities used to increase attendance at performance.

15. Parking: Presenter shall provide parking space for vehicles in a location of close proximity to and with direct access to the backstage area where Performance will take place on the date(s) of Performance. This parking space will be reserved for Artist(s) for a period of four (4) hours prior to the Performance and ending three (3) hours following the Performance.

16. Security: Presenter shall provide security for the backstage and stage areas before, during and after the Performance. Presenter shall provide security personnel to protect Artist(s) and their property as deemed appropriate by Presenter in its discretion.

17. Passes: Presenter shall provide identification passes to Artist(s) for the backstage and stage where Performance is to be held.

18. Stage: At its sole expense, Presenter shall furnish the stage, and stage lighting, sound and power for the Performance, and Presenter shall provide all stagehands required to assist the setup for and conduct of the Performance and takedown after the Performance.

19. Dressing Rooms: Presenter shall provide Artist(s) with one private dressing room, which will be clean, dry, well-lit and air-conditioned.

20. Authority to Execute: The representative who is executing this Agreement on behalf of Artist(s) hereby warrants and represents that he has the full power and authority to bind Artist(s) on whose behalf he is executing this Agreement and acknowledges that he is making this representation and warranty with the understanding that Presenter is relying thereon.

In Witness Hereof, this Agreement is executed on the date first above written.

Presenter (Authorized signature)

By: ____________________________________

Date:___________________________________

Artist/Agent or Manager representative

By: ____________________________________

Date:___________________________________

Band Member Agreement Template

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Band Member Agreement

For ________________(Insert band name)

 

AGREEMENT made this _______ day of ____________, 20_, by and between the undersigned Artist and the undersigned Musician(s).

This Agreement is entered into in the City of ___________ and County of ________________, State of __________ and is guided by and governed by the laws of that state.

The undersigned parties hereby agree to the following responsibilities:

1. Show up for practice as agreed upon failure to do so can void contract and end any future agreements. UNLESS there is an emergency or other uncontrollable circumstances out of the Musician(s) control. (Example: Death of family member, illness, accident, act of God.) If there is a problem notify Artist within ________hours before rehearsals were to commence.

2. It is the Musician(s) responsibility to keep their equipment in good working condition, and upgrade appropriately when the revenue is available.

3. There should be no drinking/smoking on stage, always maintaining good showmanship/ quality as deemed by management and myself.

Musician(s) will follow the instructions of the Artist and management team.

Other Provisions

4. Under no circumstances is a bandmember (Musician(s)) allowed to talk to club owners, record labels, radio stations, etc in regards to setting up anything for the band, in which promises are made or money is mentioned, etc.. The bandmembers (Musician(s)) should direct all inquires to myself and then I can pass it along to management, or hand out business cards with our managements contact info on it.

5. Any other outside performing with another band or engagement that interferes with the schedule of Artist will void the contract if necessary.

6. Understanding that the bandmembers (Musician(s)) main job objective is bring to life songs that are in the Artist format and 100% attention, enthusiasm and dedication is needed to make things happen. Lack of any of the above can void contract if it is detrimental to our success.

7. The Artist makes no promises or guarantees about Rewards and compensation but every effort will be in achieving the goals and payment will be made to the Musician(s) when possible.

The following conditions are in effect only as long as the contract is valid.

2. Live performances, bandmember (Musician(s)) will receive 20% of the performance fee.

3. In regards to royalties from any independent release that a band member plays on(examples would be cd’s, cassettes, EP.’S.’s’s. singles, etc., that has been financed by myself and/or management team. The bandmember (Musician(s)) will receive a percentage of 15% after the cost of manufacturing and distribution, production has been made back. Example – I spend 1500 to record and manufacture 2000 cd’s, after the 1500 is made back from the sales of the item, royalty checks will go out in accordance to what was agreed upon. In the event of signing with a major or Indie label the royalty rates may be renegotiated at that time.

4. There will be specific pay days, and dates for all compensation. Band member should not expect payment right after a gig or a sale of a cd.

Merchandising

5. Merchandising (T-shirts, hats, etc), Musician(s) will receive a percentage after the cost is made back. The percentage will be in the 2-10% range, due to the fact that this money will be used to finance upcoming events for the band-tour support, recording, etc.

6. When and if the Artist is signed to a label or any other organization that handles booking, distribution, etc than what is in place presently, then contract will need to be renegotiated to exact out new figures.

7. This contract is an open agreement voided at such time the Artist or Musician(s) deems necessary.

Touring

Musician(s) should meet to discuss all touring and gigs before the actual date. A plan will be made then in the event of prolonged touring to ensure all Artists and Musician(s) are in essence in the right place at the right time. Equipment checklists will be made and followed as well as set lists for shows. Musician(s) are responsible for things such as personal leaves from day jobs for touring etc. Musician(s) will meet with the Artist on specific days and times to discuss issues pertaining to the tour work. Band members will not leave the tour group unless they have let other parties know where they are going. This is only a protection for the band as a whole should an accident or other uncontrollable circumstance arise.

Complaints

All complaints will be handled in an orderly manner. If Musician(s) feel they are being treated unfairly outside the realm of this agreement they may contact the management team and the complaint will be addressed and remedied in an efficient manner.

(Omit or replace with your management information) Management

Company name
Attn.: Contact name
Address
City, State, Zip
E-Mail: 

You may also contact managers’ assistants.

 

_______________________________

Artist

 

 

_______________________________

Musician(s)