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An entertainment contract is a legal document signed by an event promoter and entertainer while organizing an event. The main purpose of the entertainment contract is to protect the interests of all the stakeholders involved in organizing the event and also ensure that the event runs smoothly.
An entertainment contract should always include the following terms to avoid any misunderstandings and disputes:
The entertainment industry depends heavily on entertainment contracts. Film studios, record companies, or live performance industries - everyone uses contracts. However, in the live performance sector, event promoters and entertainers may ignore using the contracts.
But this shouldn’t be the case.
Even if no money is exchanged between stakeholders, there should be a written agreement that lays out all the details and expectations. Working without a contract may land both of them in a soup.
Live performances are mostly organized during weddings, music concerts, and corporate events by entertainment companies or event organizers. They spend a lot of money to book singers, musicians, DJs, comedians, and dancers to perform at their events. They also take care of promoting the event and selling the tickets.
But there is a possibility that the entertainer may pull out of the event at the last minute or he/she may reach the venue late which affects the venue’s reputation. It is also possible that the promoter refuses to pay the full payment to the entertainer in some situations.
What actions can be taken during such situations? - An entertainment contract answers this question and many more and stipulates every piece of information in detail that provides peace of mind to the parties involved.
An entertainment contract (or a performance contract) clearly outlines the responsibilities, performance details, payment terms, cancellation policies, and technical requirements to keep everyone on the same page.
Here are a few essential terms that every entertainment contract should include:
This section mentions the date, time, venue, and length of the entertainer’s performance. It also mentions the expected arrival time to ensure the entertainer arrives at the venue on time and has sufficient time to set up.
This section is extremely important for both parties. It clearly explains the fees payable to entertainers for their entertainment services on the performance date. An entertainer may receive a “flat” fee (fixed payment), a percentage of door or ticket sales, or both. It’s also important to clarify when payment is due, how payment is to be made, and if any deposit is to be paid upon signing the contract.
Generally, this section is added by entertainers to specify their personal and technical requirements when performing at events. Personal requirements include accommodation, transportation, food, drinks, or any other perks an entertainer asks for. Technical requirements cover who provides the sound equipment, stage light, stage crew, amplifiers, and other essentials for the event.
Also known as the radius clause, this provision restricts the entertainer from performing within a certain radius of the said performance for a while. This is included so that there is no impact on the event’s success due to competing gigs.
For many entertainers, live performances are a great medium to sell merchandise such as t-shirts, CDs, posters, stickers, etc. However, to sell their merchandise, they first have to take permission from a promoter or a venue owner. This section clarifies the following details:
This clause enables the event promoter to use the entertainer’s name, photographs, or likeness to promote and advertise the event.
No matter how carefully an event or a gig is planned, cancellations can still happen. Having a cancellation policy in place ensures both parties understand what will happen if one party cancels or breaches the terms of this agreement.
This section states clearly that the entertainer hired is an independent contractor and there is no employer-employee relationship between the entertainer and the event promoter.
This clause stipulates which party will be covering the losses or damages outside of the contract. In such cases, the party at fault indemnifies and holds the other party harmless.
This section generally addresses the underlying matters or facts which are presented in the contract.
The force majeure clause is intended to protect both parties if some unforeseen situations prevent the performance from taking place.
This was the most used clause in 2020 when due to COVID all events were suddenly canceled. It helped a lot of artists and entertainers sustain themselves during these difficult times.
Also known as ‘Miscellaneous’ provisions, these standard legal clauses generally appear at the end of a contract. They provide clarifications on a variety of situations such as:
Signing a written contract is generally recommended by entertainment lawyers or law firms to set a proper legal foundation for the event. One of the easiest ways to compose an entertainment contract is by using Revv’s templates.
The entertainment contract template from Revv covers all the essential information related to hiring an entertainer for a live performance. It is drafted and reviewed by an experienced legal team and is easily customizable. In-built eSignature enables the parties to close the deal faster.
If you are looking for a specific one, don’t forget to check out our musician’s contract, DJ contract, and videographer contract.
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