Document your musical performance agreement: Musical Performance Contract

A Musical Performance Contract, also known as a Performance Contract, is an agreement under which a musician or band contracts to provide musical services to a company or an individual. Musical performance services are usually sought out for parties or during special events at halls or restaurants and bars. Occasions such as birthdays and wedding receptions typically demand musical performance services. This contract outlines the scope of services, how the service is to be performed, and payment terms. Additionally, this contract contains special provisions unique to musical services, including: performance guidelines, deposits, cancellation policy and other provisions specifically related to the music service industry.

Band or gig contracts are often short and easy to understand. However, they can be as complicated as you want them to be depending on the event. Most will be short, but if you are managing a large, expensive event, expectations may be more extensive on both sides.

Following is basic information typically included in Musical Performance Contracts:

Name and contact information of both parties

Most often full, real names (rather than stage names) are included, as well as contact information, such as email addresses and phone numbers.

Description of services

This section includes the location and name of the venue as well as the date and time of the performance. Additional provisions you might consider including here are covered later in this article.

Performance of services

This section covers the details, such as set-up and sound check times. It can also include information such as music type, how long the band is to play per set, the variety of music (limitation of repeats), and etiquette expectations (for example if swearing needs to be limited). Some also include in this section the sound equipment and expertise the band is expected to bring.

Payment

Payment information includes how much is to be paid for the performance, when it will be paid, and how it will be paid. The Musical Performance Contract typically provides a detailed description of the payment terms agreed upon by both parties. The contract usually outlines a single lump sum payment to be made at the completion of the musical service. You might consider including additional provisions related to monetary payments, such as a deposit section or a cancellation policy.

Deposit

A deposit is a non-refundable monetary fee that the musician can require a client to pay at the time of contracting for services. A monetary deposit is a standard policy in the music service industry due to the distinct nature of the industry. The deposit protects the musician against possible financial losses if the client cancels. This is not common, however, for small venues, but popular bands with busy schedules may require a deposit to guarantee their services. Most often, the deposit is non-refundable and subtracted from the total amount due after the performance.

Cancellation policy

A cancellation policy protects the musician against possible financial losses if the client decides to cancel the contract on short notice. A cancellation policy is also a standard policy in the music service industry. In the event a client cancels at the last minute, the musician will have difficulty finding another reservation or booking, therefore resulting in a loss of profit. This provision allows for a musician to receive full payment if the client cancels the contract without enough prior notice. This section outlines the minimum time required for giving notice of cancellation. If the band needs to cancel, it should be within enough time to book another similar act. If the venue or event organizer cancels within a certain period, often the contract will require that the band still be paid in full.

Terms

Usually, performances are singular and just list one date, but if you have a contract for repeated performances, such as once per week, you can create a contract with terms and options for renewal.

Relationship of parties

This indicates, in most cases, that the band or musician is not an employee of the individual, venue, or event organizer. This helps relieve liability issues.

Force Majeure

This simply means something like 'superior force.' This section outlines rules about what things could happen that would release both parties from the agreement without consequences. These are often "act of god" events such as floods or earthquakes.

Some additional information or terms you may want to add to the Description of Services section of your contract include:

Equipment and layout

It is helpful if the bands know in advance things like what kind of power is available, lighting provided, sound equipment details, drum riser specs, and so on. Details should be specific, for example, exact brand and tech specifics should be provided for PA equipment.

Riders or backstage perks

Most bands do not have the influence to request complicated, expensive backstage accommodations, but many ask for a few hospitality items. Common requests include bottled water, tea, energy drinks, alcohol, coffee, and food. Often, the venue can save money by providing catering services backstage and limit requests to dietary restrictions.

Merchandise sales

Bands should know if they can sell merchandise, and if so, if there is a designated area for sales and tables available. If the band needs their salespeople to be allowed into the event without a ticket, that should be arranged in advance, as well. If the venue takes a part of the sale, that should be clearly communicated.

Video and audio recordings

If the performance is recorded, how those recordings are planned to be used should be discussed. If the band or performer wants a copy of the recording for promotional reasons, how that will be shared should be arranged in advance.

Performance expectations

The drunken musician cliche was not fabricated out of thin air. Both parties should set expectations around intoxication and performance. If a band member cannot make a performance, the band should have a backup player willing and ready to perform.

Parking and loading/unloading

Bands should know in advance where they can park and load and unload their gear. Some venues will put out signage directing the bands where to go. If they need to park their vehicle and gear overnight, the organizer or booking person should have suggestions for safe places to park.

Lodging and transportation

Some events pay for musicians to have pre-event or post-event accommodations and may help with transportation costs. Location and access information to hotels, homestays, or campsites should be communicated in advance as much as  possible. Transportation costs such as gas or airfare (including airport shuttles) should be agreed upon before the day of the event.

Signing instructions

This Musical Performance Contract should be signed by authorized representatives of both parties and becomes effective as of the date specified in the contract. It is not necessary that the signatures be witnessed or notarized. Using electronic signatures can save time, and make contracts easier to manage and store. 

If you plan to print and sign hard copies of the contract, you may want to sign two copies of the contract so that each party will have a copy with original signatures. Original copies should be kept in a fireproof and safe location.