Customer:
Customer
contact person name and telephone:
Performance
Location:
Performance
Date:
Performance
Start Time:
End Time:
Performance
Fee: $ Circle one: [Indoors][Outdoors]
Band
Obligations
1. Band agrees to provide a [describe band
– e.g., “four-piece jazz combo”], playing [describe type of music, e.g.,
“1970s and 1980s dance music” or “songs from the set list attached to this
contract”], beginning at the start time and ending at the end time shown above. Band will be entitled to breaks beginning
after the first [insert length of time before first break] of
performance, one break per each [insert length of time between breaks]
of performance time, each no more than [insert length of breaks] minutes
in length.
[Alternate
option:]
1. Band agrees to provide a [describe band
– e.g., “three-piece thrash-polka combo”], playing [describe type of
music, e.g., “1970s and 1980s dance music” or “songs from the set list attached
to this contract”], for a four-hour show, with three breaks of a reasonable
length during the show.
2. Band will provide all required musical,
lighting and sound-reinforcement equipment, and will operate all equipment, at
no additional cost to Customer.
[Alternate
option:]
2. Band will provide all instruments and
on-stage amplifiers required for the performance of music, but Customer will
provide all required sound-reinforcement and PA equipment, including stage
monitors, and including an operator for all such equipment, at Customer’s sole expense. Customer will provide all required lighting
equipment, and an operator for all lighting equipment, at Customer’s sole
expense. Band will not be in breach of
this Contract for failure to perform if Customer-provided lighting or sound
equipment fails to work properly, or if Customer’s equipment operator fails to
set up or operate lighting or sound equipment properly.
3. If Customer specifies (by inserting a time
into the blank), Band agrees that equipment set-up and sound checks will be
completed by
am/pm on the day of performance, provided at
least two hours are available prior to that time for equipment load-in, set-up
and sound check.
4. Band will stop performing promptly at the
End Time stated above. Band may
continue performing after the End Time in its sole discretion, but only if
payment in full of the Performance Fee is made beforehand, and a fee for the
additional performance time is agreed upon by Band and Customer and is paid in
advance.
5. Band will be allowed to load out its
equipment and to leave promptly upon completion of the performance. Band will make all reasonable efforts not to
be disruptive, if Customer’s function has not yet concluded.
Customer Obligations
6. Customer agrees to pay Band a Deposit of $[insert
amount of deposit], upon the signing of this Contract. The Deposit will be refundable only if Band
breaches this Contract. The Deposit
will be credited to the Performance Fee stated in the next section.
7. Customer agrees to pay Band a total
Performance Fee of $[insert total fee for show] for the performance,
payable in full immediately upon completion of the show. Payee is [name of band, if a corporation
or LLC][name of individual who handles money, if the band is not a corp or LLC],
taxpayer ID number is [TIN of band if a corp or LLC][Social Security number
of individual if not a corp or LLC].
8. Customer
will provide a performance area that is at least [insert required stage
size, e.g., “12 x 24 feet”] in area, with access to at least two 20-amp,
fully grounded electrical circuits no more than 25 feet from the stage. The circuits should not be shared by any
refrigeration equipment or neon lighting, and Band will not be responsible for
noise problems caused by such other equipment sharing the circuits. If the performance area is outdoors, all
circuits must be protected by GFCIs.
The performance area must be dry, solid, level, flat and stable.
9. If
the performance is outdoors, Customer is responsible, at Customer’s expense,
for protecting the performance area and the Band’s equipment and instruments
from the elements. The performance area
must be fully covered, shaded from the sun, and adequately protected from rain,
including rain driven by wind; or there must be adequate shelter near enough to
the performance area and easily accessible enough to allow quick movement of
the Band’s equipment and instruments to shelter if weather conditions threaten.
10. Customer will allow Band and Band’s
assistants access to the performance area for equipment set-up and sound check
no later than two hours before performance start time, or two hours before the
time specified by Customer in section 3.
Cancellations
11. Because band members have to book their
engagements in advance, a cancellation will mean lost income for that
date. Therefore, this Contract cannot
be canceled by the Customer, without the written agreement of Band. If Customer cancels, payment of the
Performance Fee in full will still be due.
[Alternate
option:]
11. Because band members have to book their
engagements long in advance, a cancellation will mean lost income for that
date. Therefore, this Contract cannot
be canceled by the Customer after the date [insert number of days] days
before the Performance Date, without the written agreement of Band. If Customer cancels before that time, the
Deposit will not be refunded, but payment of the Performance Fee will not be
due. If Customer cancels after that
time, payment of the full Performance Fee will still be due.
12. Band reserves the right to cancel the
performance, or to delay the performance for a sufficient time to correct
problems, if, in its sole discretion, the performance area is inadequate or
dangerous, if weather conditions make performance dangerous or damaging to
equipment and Customer has not provided adequate shelter, or if Customer has
otherwise failed to meet the terms of this Contract.
13. If cancellation or delay of performance by
Band is due to Customer’s failure to meet the terms of this Contract, including
failure to provide adequate protection from weather conditions, then payment of
the Performance Fee in full will still be due.
14. If cancellation is due to Band’s failure to
meet the terms of this Contract, then the Performance Fee will not be due, and
Band will refund the Deposit to Customer.
If cancellation is due to Band’s failure to meet the terms of this
Contract for unforeseeable reasons beyond the Band’s control, then refund of
the Deposit will be the Customer’s sole remedy, and Band will not be liable for
any direct, indirect, consequential or incidental damages.
15. It is Customer’s responsibility to be aware
of, and to comply with, all local ordinances and neighborhood or condominium
rules concerning noise or light. If the
performance is cancelled or shortened due to neighbor complaints or police
order, payment in full of the Performance Fee will still be due.
Miscellaneous
16. Band reserves the right to select the music
that will be performed, but selection will be done only from the song list
provided to Customer before the signing of this Contract, or from songs that
are similar in character to the songs on the song list, in Band’s discretion.
17. Band will try to accommodate song requests to
the extent possible, but Band may refuse any song request, in Band’s
discretion, and Band will not be in breach of this Contract by refusing to
perform requested songs.
18. Band will allow individuals designated in
advance by Customer to have access to one vocal microphone for announcements,
but Band may refuse to allow anyone, including designated individuals, access
to microphones if they fail to respect the equipment or behave inappropriately,
in the Band’s discretion.
19. Band may refuse to allow individuals on-stage
during the performance, in Band’s sole discretion. Allowing one or more individuals to join the Band on-stage during
the performance does not waive the Band’s right to refuse any other individuals
to come on-stage.
Band:
By [responsible Band
member name], Authorized Agent
Date:
Acknowledge
receipt of Deposit: [initials]
By , Authorized
Agent
Date: