live show contract example? Anyone?

I have a big show comming up, and need to
generate a contract.
There are plenty of examples of recording contracts, but
can't find any for live acts. Can anyone point me to a book with a boilerplate contract for live performance, and/or what an official
rider request would be like?

This is from: http://www.rapcointelpro.com/Performanc ... ements.htm

Here's an example of a basic Performance Agreement:

THIS PERFORMANCE AGREEMENT is made and entered into as of _________________, 20__, by and between __________________________, whose business address is _________________________ ("Purchaser") and the musical group or performer __________________________ ("Musician"), whose business address is _____________________________________. In consideration of the mutual covenants herein contained and, intending to be legally bound hereby, the Purchaser and Musician agree as follows:

1) Engagement. The Purchaser hereby engages Musician to render a musical performance (the "Performance"), and Musician hereby agrees to render such Performance under the terms and conditions specified herein.

2) Individuals Comprising Musician. Musician consists of the following individuals:


Musician's obligation to perform hereunder is subject to the unavailability of Musician as a result of sickness, accidents, acts of God, and other reasons beyond Musician's control.

3) Location of Performance. The Performance will take place at the following location:

Name:
_________________________________________________
Street Address: ___________________________________________
City/State/Zip: ____________________________________________





4) Date and Time of Performance. The date of the Performance is ______________, 20___. The venue will be available for set-up on (date) ______________ at (time) ________. The Musician will play ____ sets as follows:


Set Start Time Ending Time
1
2
3


5) Payment. In full consideration for all services rendered by Musician at the Performance, Purchaser agrees to make the following payment in U.S. funds to Musician (select one):


___ Set Fee. A set fee of ______________________ Dollars ($______).

___ Percentage of Ticket Sales . An amount equal to ___ percent (__ %) of the (select one) __ gross __ net ticket sales.

___ Percentage of Ticket Sales With Guarantee. The greater of (a) ___________________ Dollars ($_____), or (b) an amount equal to ___ percent (__%) of the (select one) __ gross __ net ticket sales.

___ Set Fee plus Percentage of Ticket Sales. A fee of ______________________ Dollars ($______), plus an amount equal to ____ percent (__ %) of the (select one) __ gross __ net ticket sales.

___ Other. (specify) _____________________________________.


a) Deposit. Purchaser will pay ___________________ Dollars ($ _____) of the payment to Musician as a deposit by __________________, 20___. If Purchaser does not pay Musician the deposit, Musician will have the option of canceling this Performance Agreement with no further liability hereunder to Purchaser.

b) Payment of Balance. After the last set on the date of the Performance, Purchaser will pay Musician the remaining balance of the payment in cash or by money order or certified check made payable to ______________________________.

c) Definitions. For the purposes of this Performance Agreement, the following definitions apply: Gross ticket sales means the sum of any and all monies paid for admission to the Performance. Net ticket sales means gross ticket sales minus the actual cost to Purchaser of the following expenses: _________________________________________.

6) Merchandise. At Musician's option, Musician may offer CDs, tapes and other items for sale at the Performance. Musician will retain all proceeds from such sales. To facilitate Musician's merchandising, Purchaser will provide a table and chairs set up in an easily accessible and visible area of the venue.

7) Cancellation. In the event Purchaser cancels the Performance less than _____ weeks prior to the scheduled date, Purchaser will pay Musician a sum equal to (select one) __ ___________________ Dollars ($ ____) __ ___ percent of the set fee specified in paragraph 5. Upon payment of the cancellation fee, Purchaser will have no further liability to Musician hereunder.

8.) No Taping of Performance. Purchaser will not, nor will Purchaser allow others to tape, record, reproduce, or transmit in or from the premises in any manner or by any means, the Performance without the written approval of Musician.

9) Miscellaneous. This Performance Agreement and the attached rider(s), if any, set forth the entire agreement between the parties, and may not be amended except in a writing signed by both parties. This Performance Agreement will be governed by and construed in accordance with the laws of the State of __________, without regard to the principles of conflicts of law. In any action or proceeding involving a dispute between the Purchaser and the Musician arising out of this Performance Agreement, the prevailing party will be entitled to receive from the losing party reasonable attorney's fees.

Musician and Purchaser have each caused this Performance Agreement to be signed by its duly authorized representative.

PURCHASER
_______________________________

MUSICIAN
_______________________________




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This Article contains excerpts from the audiobook,
The Musician's Guide Through the Legal Jungle:
Answers to Frequently Asked Questions About Music Law
© 2000 Joy R. Butler;
(P) 2000 Sashay Communications, LLC
"A faster & easier way to understand music law" http://www.legaljungleguide.com/musician.htm


--------------------------------------------------------------------------------

Joy R. Butler, Esq., is a principal and the general counsel of Sashay Communications, a publishing and media production company located in Arlington, Virginia. Prior to joining Sashay, she was in private practice where she provided legal counsel to a variety of entertainment and media clients.


DISCLAIMER
This article is offered as an educational and informational tool only, and should not be relied on as legal advice. Applicability of the legal principles discussed may differ substantially in individual situations. The sample contract is for illustrative purposes only, and has not been verified for compliance with the law of any particular state. If you have a specific legal problem or concern, you should consult an attorney.

You are the f*king man, dog.
Or as Sean Connery would put it:
"Your the f*king man now, dog".

this is one i used to use when i was promoting shows:

********* Contract for Performers

This contract is for the services of _________________________ at the engagement of *********. Throughout this contract, the performer(s) will be referred to as “Artist” and ********* will be referred to as “Purchaser.”

I. Engagement Details
A. Date______________________________________
B. Venue____________________________________
C. Address___________________________________
D. Phone#___________________________________
E. Venue Capacity______________________________
F. Ticket Price_________________________________
G. Arrival Time________________________________
H. Sound Check________________________________
I. Performance Start Time_______________________
J. Set Length _______________________________
K. Compensation (paid at end of night)_____________

II. Professional Performance aka No Wack Show
This isn’t a clause that determines payment for the show, it is a definition of what the purchaser is looking for during the performance and will be used to determine any future relationships. If you don’t plan on giving a wack show, then there isn’t a problem. We love holding this event, you love the music and we want to make sure you put the same love and planning into the performance. The artist needs to have a set length time and commit to that length. The artist is responsible for getting the crowd hype and into their music. Out of town artists are here to gain new fans and leave a good impression for possible future shows. Local artists are here to represent ************ and gain hometown support. The artists need to come with a planned, set performance and best use their set length time to capture the crowd.

III. Cancellation / Termination
In the event of sickness or accident of artist, or if a performance is prevented, rendered impossible or infeasible by any act or regulation of any public authority/bureau, strike, epidemic, interruption or delay of transportation services, war conditions, or emergencies or any other similar or dissimilar causes beyond the control of the purchaser, it is understood and agreed that there shall be no claim for damages by either party and obligations to the performances shall be deemed waived. If cancellation occurs, deposits and cash advances shall be returned in full to the purchaser.

IV. House Equipment
The artist is fully responsible for repair and/or replacement costs if they misuse, abuse, or damage any of the house equipment. The artist will provide needles for their DJ, any other media device other than a cd player as well as connectors, adapters, and cables for their specific devices. The house will provide DJ equipment (2 Technics, scratch mixer, table setup), cd player (located in sound booth and/or on stage), mics, 3 stage monitors, XLR cables, stage (12’ x 24’ with a 6’ x 8’ drum riser), extra table for other gear, and lights.

V. Hospitality / Food & Beverage
The purchaser doesn’t provide room and board for the artist, but will offer suggestions that best fit the artist’s need. One meal per person will be available for out of town artists during their event. This offer is only good for the artists, road personnel, and managers. A shared tab of six pitchers of beer or, other price equivalent drinks, are available for artists during their event.

VI. Guest List / Complimentary Tickets
Only the artist, road personnel and managers are allowed in free for their event. If the artist’s friends, girlfriends, or family relatives truly want the artist to succeed, they will pay the admission charge. There can be exceptions to this policy, within reason, but they must be discussed before the doors open to the public. The purchaser does use and operate with a list for VIP cliental. The purchaser also gives free tickets to the public as promotion with the intent of producing a new, loyal, bigger, and diverse audience.

VII. Advertising / Promotions
The artist must promote by flyering, posting of engagement details (section I) on internet sites, and word of mouth. Purchaser understands their responsibility of advertising and will do the same as the artist. The artist must turn in a minimum one (1) paragraph description of themselves and their music plus photos / head shots with the understanding the purchaser will use these for advertising of the event. The bio and photos should be turned in as early as possible, but at least two weeks before the event date. The purchaser has permission to take photos of the artist at the event for proof of show and possible future advertising of *********.

VIII. Sponsorships
The purchaser has right to obtain sponsorships for the event. Any money, merchandise, or giveaways received from sponsors are not available to artist, road personnel, or managers during the engagement.

IX. Choice of Law and Forum
This contract shall be deemed made and entered into in the state of Virginia and shall be governed by the laws of such state applicable to contracts entered into and wholly to be performed therein. The state or federal courts located in *************** or state of ******** shall have exclusive jurisdiction over any disputes arising hereunder. The parties agree to submit to the jurisdiction of these courts.

X. Return of Contract
Artist agrees to sign and return this contract to the purchaser as soon as possible or 25 days before the scheduled event date. Failure to return contract in specified time shall give purchaser right to cancel the engagement without liability. Upon the completion of said time period, purchaser does not waive rights to cancel engagement at any time thereafter.


XI. Modification / Miscellaneous
Paragraph headings are used for convenience only and shall not be used to interpret this contract. All notices, consents, approvals and the like given in connection with this contract shall not be effective unless contained in writing and signed by both parties. This contract is the sole and complete agreement between the parties with respect to the engagement and supersedes all prior and contemporaneous agreements regarding the subject matter hereof. This contract, or any part thereof, may not be changed, modified or waived except by a signed, written agreement of the parties.

XII. Notes

____________________________________________
____________________________________________
____________________________________________
____________________________________________
____________________________________________
____________________________________________
____________________________________________
____________________________________________
____________________________________________
____________________________________________
____________________________________________
____________________________________________
____________________________________________
____________________________________________

XIII. Consent / Acceptance
Fill out, sign and date artist contact information.

Artist Info.
Name:______________________________________
Contact Address: _____________________________
Phone: _____________________________________
Email: ______________________________________
Social Security or E.I.N: ________________________
Signature: __________________________________
Date: ______________________________________


Purchaser Info.
Signature: ___________________________________
Date: ______________________________________

so trupro, i take it the info i provided was what you were looking for?

Sho nuff. This is dope, and I really appreciate it. We have a boilerplate that the A&Rs for a large independant will be giving us later this week, so I will probably use that, but the one you provided is fantastic, and very professional. Also, if anyone fronts on me at the label, I have this one, so good looks! I like mesh's, but it's a little loose. Mesh, you know you the man too, and I appreciate it. These people will be providing alot of nuances, as far as building a stage specifically for our show, and so the rider is very important as well, which I've never submitted formally, or never had to until this one. They will also be providing accomodations, but I will build enough money into the payment to us that if we can't fit into what they got, or don't like it, we can get a hotel as well. I've also built in transportation and our backup band's payment into our fee.
The one thing that was not in the one you posted was a liability disclaimer, such as "Performers are not liable for any equipment malfunction, injury to themselves, the concert staff, or any other participants or spectators of the event, or any party on property or location overseen by or associated with purchaser, given reasonable conduct of the performers in the venue, but regardless of conduct of aformentioned third partys and circumstances in afformentioned locations."

Of course, I will be defining 'reasonable conduct' to include me pouring Hennessy all over the dirtiest girl I can find.

Once again, I appreciate you posting that. This was the type of book I was looking for a template in, but could only find boilerplates for recording contracts. So, you got the Sean Connery stamp of approval fa sho'!