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What is a Performance Contract

WHAT IS A PERFORMANCE CONTRACT? This guidance is not meant to be taken as legal advice. It is advisable, before signing any legally binding document, that you seek legal advice from a lawyer. A performance contract is a document that sets out the agreement between the performer and the event organiser. A good performance contract is drafted clearly so that it is easy to read and understand. It should clearly set out the following: • Who the parties to the agreement are (e.g.; performer’s and event organiser’s name and contact details)? • Where the agreement will be carried out (e.g.; the venue location and country and event time)? • When the agreement starts and ends? • What is being offered and accepted by the parties for the performance to take place? (in other words, what is the deal?) The contract ought to be signed and dated by the parties so that it is clear that they are entering into a legally binding agreement. There will therefore be some space for signatures. MAIN CLAUSES IN PERFORMANCE CONTRACTS The performance contract should, in my opinion, be clear about the following points: • Who is booked to perform, including stage names? • How much the performer is being paid and in which currency? • How the payment will be made, when the payment is due and whether a usual performance deposit is payable to secure the booking? • Who is responsible for the costs of travel: including flights to the country hosting the event, airport transfers and ground transport to and from the event? • Who will pay for accommodation and the type of accommodation such as a luxury villa, standard hotel room and so on? • Who is responsible for the costs of food and refreshments? Often a daily allowance is payable by the event promoter for performers’ daily maintenance (commonly referred to as per diem). • The law of the country that governs the contract and which country’s courts have the jurisdiction to settle any disputes that may arise. • An exclusivity clause may exist to restrict the performer from taking on any shows within a certain distance from the event and within a certain time of the event (this is to safeguard the promoter from unreasonable competition which may adversely affect event ticket sales). • A clause, often called a Force Majeure clause, that sets out what happens if an ‘Act of God’, sickness, pandemic, labour strike or some other unfortunate incident prevents the event from taking place. It is usual here to set down requirements for the event to be re-scheduled within a certain time frame. This list is not exhaustive but I hope we have assisted you to identify the main points that should appear within a performance contract. DISCLAIMER Again, this guidance is not legal advice and you are advised to seek legal advice from a lawyer before signing or preparing any legally binding documents. SUBSCRIBE FOR MORE HELPFUL VIDEOS Performance contracts are usually provided with hospitality and technical riders, so check out my video ‘What is an Artist Rider?’