While I don't always use legal contracts when performing, it's often important to have them for complex or sophisticated events, such as weddings and large corporate events. The Performance Agreement -- as suggested by the Wedding Musician Association -- helps clarify expectations of my clients and provides a written agreement of what I'll deliver. The following sample agreement will give you some sense of how a typical contract looks. For the most part, I accept a simple letter or e-mail outlining what specific services will be provided by me in exchange for a particular fee.
SAMPLE PERFORMANCE AGREEMENT:
This contract for musical entertainment, written & dated __________, is made between the undersigned Client (purchaser of musical services) and John Nicole (provider of musical services).
1. Type of Performance:
2. Special Equipment Provide by Musician:
3. Place of Musical Performance:
4. Date of Performance:
5. Set-up Time:
6. Start & Finish Times of Actual Performance:
7. Agreed-Upon Compensation:
DEPOSIT: $_________ (Non-refundable & payable to John Nicole by check or money order and due within 10 days. Deposits received after 10 days are subject to return, rendering the contract null and void, since the act has the option of booking elsewhere without obligation to any Client whose deposit and signed contract are overdue beyond the 10 day courtesy period.)
BALANCE: $__________ (Payable to John Nicole in cash, check or money order at the performance or engagement.)
7. SPECIAL REQUIREMENTS: (list)
8. OVERTIME: If and when agreeable to the client and the contracted entertainment, the time of engagement may be extended at the pro-ratable overtime rate of $________ per hour, to be paid prior to the overtime period.
9. CANCELLATION of the engagement by the Client for any reason shall forfeit the deposit. Cancellation of the engagement by the Client WITHIN 90 DAYS of the date of engagement shall also require payment of the balance to the act, unless the same act is rebooked by the client for an open date within 30 days of the cancelled date. Payment of the balance will not be required if the act obtains a suitable substitute booking elsewhere, or if cancellation is due to a verifiable death in the immediate family of the client. Cancellation by the client due to a major snow storm that is in progress on the date of engagement must be received no later than 12 noon on the date of the engagement. A Client cancelling their engagement by telephone must also verify that cancellation in writing via dated mail.
10. ADDITIONAL PERSONNEL: John Nicole agrees to notify the Client of any additions in personnel who may assist him in setting up or performing on the date of this engagement.
11. PERFORMANCE BREAKS: John Nicole typically takes one ten-minute break for every 1.5 hours of live performance. These breaks may vary due to unforeseen circumstances at the function or due to instructions from the Client. If requested by the Client, appropriate pre-recorded music shall be provided during the breaks.
12. MUSIC SELECTION: John Nicole will perform any songs from his standard set list as requested by the Client. He will also learn and play up to ten (10) new songs requested by the Client.
13. UNFORESEEN CIRCUMSTANCES: If, due to death, sudden incapacitating illness, accident or other unforeseeable circumstances and/or acts of God, John Nicole is unable to perform as contracted, every effort will be made to provide a substitute act (subject to approval by the Client) to perform at the same fee & terms. If no acceptable substitute act can be found, John Nicole agrees to refund the deposit and any and all payments made by the Client. Upon such refund, this contract shall become null & void, and the Client shall have no further legal recourse against John Nicole. If John Nicole’s performance starts late due to unavoidable circumstances (traffic, weather etc) the Client has the option to add that amount of time to the end of the function at no additional charge or to deduct a pro-rated refund from the balance due to the act at the function.
14. SAFETY & LIABILITY: John Nicole will take all reasonable steps to assure the safety of all individuals attending the performance. The Client agrees to advise the Musician of any complaints of sound volume or potential safety hazards associated with the placement of music equipment.
15. GUARANTEE OF SATISFACTION: If the Client is not fully satisfied with the live performance, John Nicole agrees to pay the Client double the amount of his fee only when the Client makes the request within 12 hours after the conclusion of the live performance.
I, the undersigned, have read this document and do fully understand and agree to the terms and conditions set forth herein.
