Please note: the following
contract is provided only as an example and MatchBook.org will not be
liable for any loss or damage associated with the use of it.
This contract is excerpted
from Presenting Performances: A Basic Handbook for the Twenty-first
Century by Thomas Wolf.
Sample Contract
This agreement is made on this _______ day of ___________________ 20____ between
______________________ of_______________________________________________
Name Address City
______________________________________________ (hereinafter called the 00rtist00
State Zip Phone
and________________________ of__________________________________________
Name Address City
___________________________________________ (hereinafter called the 00resenter00.
State Zip
Phone
In consideration of the mutual
promises and agreements of the parties hereto, as hereinafter set forth,
it is agreed as follows:
1. If the agreement is contracted through a party other than the Artist, that contractor is considered the Artist00 Agent, who expressly warrants that he/she is authorized by the Artist to execute this agreement on behalf of the Artist.
a. ______________________of_______________________________________
Name Address Phone
_______________________________________ (hereinafter called the 00gent00.
State Zip
Phone
2. The Artist, as an independent contractor, agrees to perform on:
Date(s) Time Location____________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
It is mutually agreed that the performance(s) will start promptly at the time(s) indicated.
3. The Presenter agrees to pay as full compensation for the performance(s) a total of:
$_____________________________________________________.
Payable by check to:
________________________________________________________________________
Name Address
________________________________________________________________________
City State Zip FEIN#
Check is to be mailed within
five (5) working days following the performance.
4. Transportation, housing, and meals, etc. are to be arranged and paid for by the Artist or Artist00 Agent unless otherwise indicated below:
Transportation: ___________________________________________________________
Housing: ________________________________________________________________
Other: __________________________________________________________________
Contact person for accommodations, if other than the aforementioned parties:
_____________________________________________( )____________________
Name Title Phone
________________________________________________________________________
Address City State Zip
5. The terms and conditions
set forth in this Agreement shall have precedence over any attachment
incorporated herein in the event of any conflict.
6. In the event that
either the Presenter or the Artist is unable to fulfill its obligation
due to damage or destruction of the venue by fire, verified disability
of the Artist, acts or regulations of public authorities, labor difficulties,
civil tumult, strike, epidemic, or any unforeseen occurrence rendering
the performance(s) impossible; neither the Artist nor the Presenter
shall be held legally responsible for any damages arising from the cancellation
of the performance(s) listed herein. Cancellations or changes
of date for reasons other than those listed above shall render the Artist
liable for any expenses, documented in writing, incurred by the Presenter
in connection with this event.
7. With respect to insurance,
the Artist is responsible for his or her liabilities, and the Presenter
affirms its self-insured status for its own liabilities.
8. This agreement, including
any addenda thereto and any compensation payable under the terms hereof,
cannot be assigned or transferred without the mutual written consent
of both the Artist and/or the Agent and the Presenter and contains the
complete understanding of the parties respecting the subject matter
hereof. It is expressly understood and agreed that the Presenter
makes no representations or agreements, oral or otherwise, outside the
terms of this Agreement which add to, broader, vary, or conflict with
the provisions hereof. Any purported outside representations or
agreements have no force or effect upon the rights or duties of the
Presenter hereunder. No term, provision, or condition of this
agreement may be altered, amended, or added except upon the execution
of a written agreement by the parties hereto. Any notices provided
for herein shall be in writing and shall be personally served or mailed
to the Artist and/or Agent at the addresses provided.
9. The Artist agrees that he/she will not accept any other engagement for a performance during a period from the execution of this contract through the 20____-20____ concert season, defined as ____________________, 20_____ through _____________________,
Month Day Month Day
20____, within the city of
____________ and at a radius of __________miles from the city without
advance, written permission from the Presenter. In the event of
any prohibited performance prior to those provided for under this contract,
then this contract may be canceled at that election of the Presenter
without any liability of any kind. In the event of any such prohibited
performance, the Artist will be obligated to pay the Presenter $_____________________
as liquidated damages or documented out-of-pocket expenses, whichever
is greater, immediately upon demand.
Marketing
10. The Artist agrees
to furnish at his/her own expense (shipping included) the following
amounts of advertising and promotional material to the extent that he/she
has such material available for distribution.
At the time of contracting the following materials (for example):
One press kit with biography, articles and reviews Two color slides or photos Three black and white slides or photos Comprehensive list of recordingsThe Artist understands these
are minimum quantities and that the Presenter will specify final quantities
needed. If quantity is in excess of that normally provided by
Artist and/or Agent, the remainder will be provided 00t cost00to
the Presenter. The Presenter agrees to reimburse the normal shipping
costs of these additional quantities.
11. The Artist agrees
to submit final promotional materials for the Presenter00 program
at least _______ weeks prior to the date of the performance. It
is understood that the Presenter retains the right to solely determine
the copy and content of its program. The program will include
standard language prohibiting the use of cameras and recordings.
Stage and Technical
12. The Presenter agrees
to furnish the aforementioned venue on the date(s) and at the performance
time(s) indicated. The Presenter will provide tickets, ticket
sellers, ticket takers, ushers, and equipment as may be in the possession
of the Presenter and readily available for use, as determined by the
Presenter00 staff.
13. The Artist will provide
the Presenter with stage needs at least _______ weeks prior to performance.
Such needs will include, but are not limited to minimum area desired;
lighting equipment; sound equipment; size of cast; and stage crew requirements
will be mutually agreed upon. Subject to mutual agreement, the
Presenter agrees to pre-hang Artist00 lighting prior to arrival of
the Artist.
14. The Presenter agrees
to have the stage ready for setup and to have the local Stage Manager
available for consultation on the day of the engagement or the day of
the first performance.
15. The Artist00 technical
staff will supervise the unloading, loading, staging, and running of
the production. It is understood that the Presenter has a suitable
staff to receive the production and to provide all needed assistance
to the Artist00 staff. These personnel will be available at
the request of the Artist and/or Agent.
16. The Presenter will
supply stage personnel for up to _______ hours of cue-to-cue rehearsal
(per program if different repertoire). The cost of supplying stage
personnel for any additional rehearsal time will be the responsibility
of the Artist.
17. The Artist agrees
to have all setup and rehearsal procedures finished _____ minutes before
curtain time in order to assure time for cleanup of house, stage, and
backstage areas and to allow a meal break for crewmembers. Company
members may utilize the stage for preparation upstage of curtain so
long as it is understood that the house will open ________ minutes before
the performance time outlined in item 2 of this agreement.
18. The Artist certifies
that all scenery and /or set decorations shall be capable of withstanding
the standard match test as set forth in the __________ Fire Code.
Scenery and set decoration will be subject to fire inspection by the
Presenter00 Local Fire Department.
Audio and Recording
19. If the Presenter
and the Artist mutually agree to use a sound system for the performance(s)
contracted herein, then the Presenter shall provide basic sound reinforcement
equipment suitable for the venue as defined by the Presenter00 Audio
Director. Any additional sound equipment shall be provided by
the Artist. The Presenter will be responsible for the placement
of all sound equipment. It is further agreed that all audio levels
will be set in consultation with Presenter00 Audio Director.
20. The contract includes
rider(s). The contract is not binding until all riders have been
initialed by the Presenter and Artist and/or Agent.
________________________________________________________________________
In witness whereof, the parties
hereto have caused this agreement to be executed by its appropriate
officer, the day and year first above written.
________________________________________________________________________
Artist and/or Agent Signature Date
________________________________________________________________________
Presenter Signature Date
