What Is a Performance Agreement?
A performance agreement is a legally binding contract between a performer and the client or venue. The performer (who may work with an agent) agrees to put on a live show under the conditions set by the client.
This contract clarifies expectations for payment, show times, and equipment needed. It helps the performer schedule gigs, know when they’ll be needed, and understand what’s expected of their live performances. It also helps the venue establish terms for a performance as part of their business.
When to Use a Performance Agreement
Either party can initiate a live performance contract. For example, a client or venue can initiate it to add value to their business (for example, a live concert to complement a dining experience). A performer or the company representing them can also reach out to a client or venue to offer their creative services.
A performance agreement is common to set up live performances at concerts, weddings, parties, birthdays, and ceremonies. The following types of performers can use it to outline their offerings:
- Singers
- Bands and musical groups
- Pianists, guitarists, and other instrumentalists
- Gymnasts
- Dancers
- Magicians
- Actors
- Comedians
- Spoken word poets
- DJs
What to Include in a Performance Agreement
A solid performance agreement includes clear terms to impose certain rules for a live show while still letting the artist maintain creative freedom. It also ensures both the performer and the organizer understand their responsibilities for payment, cancellation, and other factors. Learn about the key elements to include in your performance contract below.
1. Parties’ Information
Identify the performer or artist by listing their full name or the name of their group. Add their address for additional clarity.
Provide the full legal name of the client, organizer, or company hiring the performer. Also, include their address to ensure accurate recordkeeping.
2. Live Performance Details
Emphasize that the performance contract is for a live show. Include the following details:
- The venue’s name and address
- The date of the performance
- The times that rehearsal(s) start and end
- The times for setup and soundchecks
- The times for the actual live performance
- The amount of time required for cleanup
Also, provide a description of the performance type. The more detailed, the better, so consider including the following information in your description:
- The number of people who will be on stage
- A setlist of all songs/acts to be performed
- The equipment that will be used on stage
3. Compensation
Specify the total fee that the organizer will pay the artist for their live performance. If the performer will require a deposit to secure the booking, state the deposit amount, the deposit due date, the remaining balance, and the due date for the final payment. Add the payment method agreed upon by both parties.
4. Performance Requirements
Outline the requirements for the performance, including who provides the equipment. In most cases, the performer will be responsible for bringing their own costumes, props, and instruments, unless otherwise specified. The venue will often provide microphones and other sound equipment that they keep on hand for regular performances.
You can also highlight other performance requirements, such as the client’s responsibility to ensure the stage area is distraction-free and spacious enough for unrestricted movement.
5. Recording and Promotion
Live performances inherently involve the use of the performer’s name and likeness, so it’s essential to outline protective clauses. The performer may want to restrict the venue’s ability to record the performance, as they may want to preserve the live element.
17 U.S. Code § 1101 makes it illegal to record live musical performances without the performer’s consent.
You should also include details on how the venue can use the performer’s name and likeness to promote the event itself. In most cases, the performer will allow the venue to use their image to promote the event, but a photo release form may be needed.
When an artist performs at a venue, they may want to promote themselves by selling merchandise. Be sure to specify whether they’re allowed to sell merchandise and any rules they must follow when doing so.
6. Cancellation Terms
Add clauses for cancellation by the client and cancellation by the performer. Specify within how many days the client can cancel before losing the deposit. You can also include information on the performer returning the deposit and assisting with finding a replacement.
7. Force Majeure Clauses
Factors beyond the control of both parties can sometimes impede a scheduled performance. For example, a natural disaster, an illness, or a government-imposed restriction may necessitate rescheduling. Both parties should make reasonable efforts to reschedule the performance in case events arise that they cannot control.
8. Insurance and Liability
Ensure that the organizer maintains general liability insurance for the event itself and the venue. Clarify that the performer will remain responsible for any personal property they bring.
You can also include a hold harmless agreement to indemnify both parties from losses caused by their own acts of negligence or omission.
9. Ownership and Intellectual Property
Creative performances present issues of work ownership and intellectual property. Clarify that the performer retains ownership over all original works performed in the show unless otherwise specified in the contract. The client can reproduce only the materials from the performance, as agreed with the performer.
10. Termination of the Agreement
Specify a start and end date for the performance contract, allowing either party to terminate it by providing written notice and an opportunity for the other party to cure a breach within a specified number of days. Include what happens to any deposits or prepaid compensation in the event of an early termination.
11. Performer Accommodations
Include additional terms about what the performer will receive as part of the performance agreement, such as whether the organizer will cover or reimburse:
- Travel expenses (airfare or mileage)
- Meals or food costs
- Hotel accommodations
- Water or other refreshments backstage
Sample Performance Agreement Contract
View an example of a performance agreement contract to see how to summarize the terms and conditions of a live show. Use Legal Templates’s guided form to customize your own and download a copy in PDF or Word format.
