Entertainment houses, venue owners, producers, promoters, performers and DJ use entertainment contract templates to carefully draft their terms of service or payments for an artist’s performance.
What is An Entertainment Contract?
An entertainment contract is a legally binding contract between a performer/ promoter and producer/ entertainment house regarding the entertainment product/ performance or services being provided. Having written entertainment contracts helps avoid conflicting situations and payment delays and ensures your performance rights or ownership rights are protected.
It is important to put the terms of the agreement in writing in order to avoid disagreements that may later turn into overbearing legal disputes.
What To Include In An Entertainment Contract?
- Rights to own an artist’s talent for a limited period of time and timely repatriation of his or her work, videos, audio clips, photos etc. from the owner for a mutually agreed payment.
- Exclusivity clause for work that limits rights of an owner regarding the usage of an artist’s work only for specific purposes as agreed by the artists. This clause should be carefully read and understood before signing the contract.
- A contract termination clause that defines the possibilities in which the contract can be terminated in part or full and the dues cleared or cancelled as per the situation. This clause allows for smooth cancellation of a contract without a legal tussle among the parties.
- Transfer of ownership or rights clause for an artist’s work should be written with clearly defined guidelines and rules so that the artist gets a fair price for usage of his/her work and producers are absolved for any claims at a later stage.
- Completion clause that clearly specifies the conditions in which a contract would be accepted as complete by both (or either) parties to their satisfaction.
Why Is An Entertainment Contract Important ?
As with any performance contract, the entertainment contract is very important for both performers or buyers/ producers/ entertainment houses. As both the parties are interested in a professional working environment and smooth execution of the contract without conflicts, a carefully drafted entertainment contract ensures a healthy work environment.
Types of Entertainment Contracts?
Personal service contracts:
A performer ties up with a producer or entertainment house to provide a platform to them to showcase his/her talent, promote and distribute to other channels. It is important to do so through a type of formal entertainment contract called the personal service contract.
Types of contract that allow a performer and entertainment house or producer to tie-up for more than one service, medium of distribution, shows or audience types. Be sure to draft the contract properly to protect your interests against adverse circumstances.
Ownership rights contract:
This is in addition to personal service contract and allows ownership of a performance and income earned due to it. The contract clause also limits the ownership rights only for the channels, mediums specified and for a limited duration.
Entertainment industry is full of talented people and well-paying jobs can be difficult to find. As timely payments are always a common problem, entertainment contracts become very important. CocoSign provides a wide variety of specialized entertainment contracts templates for your entertainment projects that you can easily fill out and customize further to suit your performance requirement.
Cocosign is an industry leader in providing professional free contract templates that are written by highly professional lawyers.
Check out our range of entertainment contract templates free of cost and choose an entertainment contract that best fits your needs?
This contract is entered into by Galen Disston, on behalf of "Birdman", herein referred to as "the band" and:
City:_____________________ State:_____________ Zip:_____________
Telephone:______________________, herein after referred to as the client for the purpose of the client hiring the band to provide musical entertainment subject to the following provisions:.
The date and location of the engagement is to be:
The band agrees to provide musical entertainment at this location for the client on the following date and time:
Date:________________________ Hours of engagement:____________________
at the following rate:______________________________ (per hour) or (fixed fee).
Payment for Services: The client agrees to pay for services rendered as follows or as is outlined in the section entitled Ticket Sales:
Retainer (Ret.waived by:________) $____________(50%) (due one week prior to the engagement)
Upon commencement of engagement $________________
Total fees not to exceed: $________________
Non-ticket sales event
The band agrees to sell ___________tickets in advance of the performance at the rate of
$ ________ per ticket. The band will purchase advanced sale tickets for $________ per ticket.
Complete settlement of pre-show ticket sales at least 15 minutes before the band is due to perform. Settlement is to be completed with the venue manager and a duly appointed representa-tive of the band. All tickets must be accounted for at this time.
In addition, the band will receive ________% of all ticket sales for the performance and _______% of the bar receipts for the evening. Sales audits will be furnished to the band upon request. All fees will be paid on the date of the performance.
The client agrees to provide for the band or arrange with third parties for the provison of the following free of charge:
- Sufficient power for sound amplification (Standard 115 - 120 volt, 15 amp power source -- 2 separate circuits) within 25 feet of the location of the band.
- Sufficient space for the band to set up. (Approximately 125 square feet minimum)
- Water or non-alcoholic refreshments, free of charge.
- Access, parking, egress to and from the location of the performance and sound check at least 1/2 hour prior to scheduled commencement of entertainment.
- Approvals from all appropriate jurisdictions for the broadcast of amplified sound. (Discontinuation of a performance by local authorities in no way mitigates the client's requirement to pay for services in full)
The client is responsible for providing adequate security. The band is not responsible for any damage caused to electrical circuitry, client or house-supplied equipment (extension cords, generators, circuit breakers, fuses, public address systems etc.) or any damages to the client's or third parties property caused by guests, attendees or the band. These liabilities are borne solely by the client.
Guest list for the band may include up to one per band member.
All promotional material will include the following information:
- Date and time of the event.
- Age restriction or state that it is an all age show
- Band name and logo (if provided by the band in time for collateral printing)
The band reserves the right to substitute any member of the band unable to attend, at the band's discretion. In the event the band is unable to perform, all retainer moneys will be returned to the client less the cost of show promotion and show cancellation costs, not to exceed a withhold of 30% of the retainer.
The balance of client and band responsibilities and agreements are summarized in Exhibit A attached to this agreement. Please sign and send to the address below, with a check of the appropriate amount to secure the date
Agreed to by:
The Band: _________________________ Client:________________________
The Client and Galen Disston DBA the band (Train Wreck and/or Birdman) agree that the following provisions are a part of their agreement:
1. Time, Fee and Cost Estimates: Fees are quoted as fixed fee figures and are considered not to exceed figures without approval, written or verbal by the Client. Any tips, gratuities offered to the band or material benefits voluntarily provided by the attendees of the performance for the band become the sole property of the Band. The Band will make every effort to comply with the time estimates provided, but is not responsible for any inaccuracies due to factors beyond its control.
2. Payment, Breach, Attorney's Fees: Fees and all other charges (including direct costs), will due and payable in full upon completion of the performance. In the event any invoice or portion of fees due are unpaid 5 calendar days following the performance date, the amount owed shall be considered delinquent. Delinquent amounts shall bear interest at the maximum non-usurious interest rate permissible by law or 25% per annum, whichever is higher, from the performance date until paid in full. In the event of delinquency or non‑payment, The Band, at its discretion, may suspend all further performances, and will so notify Client. In the event payment is not received within five (5) days of our notice of your overdue amount, The Band may deem this Agreement to be breached, retain all sums received from Client to date of breach and Client shall be liable to The Band for its damages resulting from such breach. In the event of any litigation in respect to payment or any other breach of the terms of this Agreement, the prevailing party shall be entitled to reasonable costs and attorney's fees.
3. Performance: At the discretion of The Band, the performance due the Client pursuant to this Agreement may be withheld until all sums due The Band, pursuant to this Agreement have been paid.
4. Warranties: The Band makes no warranty, either express or implied, as to the nature of the performance or specifications, except that they were promulgated in accordance with generally accepted practices within the industry.
5. Amendment of Agreement: This Agreement of which these Terms and Conditions constitute a part, comprise the entire Agreement of the parties with respect to the subject matter hereof. No conditions or representations, altering, detracting from, or adding to the terms hereof shall be valid unless printed or written hereon, or evidenced in writing by either party to this Agreement and accepted in writing by the other. Purchase orders or similar documents issued by the Client are solely for the purpose of signifying acceptance of this Agreement and authorizing payment hereunder.
6. Assignment: Neither party shall assign this Agreement without the written consent of the other.
7. Invalid Provisions: In the event any provision of this Agreement shall be held to be invalid or unenforceable, the other provisions of this Agreement shall remain valid and binding on the parties.
8. Waiver: One or more waivers of any term, condition or covenant by either party shall not be construed to be a waiver of a subsequent breach of the same or any other term, condition or covenant.
9. Law Governing Jurisdiction: In the event of litigation on this Agreement, the interpretation thereof, and all disputes or controversies arising hereunder, shall be governed by the laws of the State of California, and brought and tried in Orange County, California.