Performance Agreement Template

This Performance Agreement (the “Agreement”) is made and entered into as of [Effective Date] (the “Effective Date”) by and between:

Organizer/Venue: [Organizer or Venue Name], [Entity Type], with an address at [Address] (“Organizer”).

Performer: [Performer Name / Stage Name], [Entity Type], with an address at [Address] (“Performer”).

Organizer and Performer may be referred to individually as a “Party” and together as the “Parties.”

1. Event and Performance Details

1.1 Event Name. [Event Name].

1.2 Date and Time. [Event Date] (local time).

• Load-in: [Time]

• Soundcheck: [Time]

• Performance start: [Time]

• Performance end: [Time]

  1.3 Location. [Venue Name and Address].

  1.4 Performance Type. ☐ Band ☐ DJ ☐ Solo musician ☐ Comedian ☐ Dancer ☐ Other: [Type].

  1.5 Set Length. [] minutes, with: ☐ [] set(s) ☐ breaks of [__] minutes.

Load-in: [Time]

Soundcheck: [Time]

Performance start: [Time]

Performance end: [Time]

1.3 Location. [Venue Name and Address].

1.4 Performance Type. ☐ Band ☐ DJ ☐ Solo musician ☐ Comedian ☐ Dancer ☐ Other: [Type].

1.5 Set Length. [] minutes, with: ☐ [] set(s) ☐ breaks of [__] minutes.

2. Compensation and Payments

2.1 Performance Fee. Organizer will pay Performer:

☐ Flat fee of $[**]

☐ Guarantee of $[] + []% of ticket sales after $[**] threshold

☐ Door split: []% Organizer / []% Performer

☐ Other: [Terms]

2.2 Deposit. Deposit required: ☐ Yes ☐ No. If yes: $[**] due by [Date].

2.3 Final Payment. Final payment is due: ☐ Before performance ☐ Immediately after performance ☐ Net [**] days after invoice.

2.4 Method. Payment method: ☐ Cash ☐ Check ☐ ACH ☐ Wire ☐ Other: [Method].

2.5 Taxes. Tax forms and withholding (if any) are handled by: ☐ Organizer ☐ Performer, as required by law.

3. Technical Requirements and Equipment

3.1 Technical Rider. Technical requirements are:

☐ Attached as Exhibit A

☐ Listed below: [Sound/lighting/backline needs]

3.2 Provided by Organizer. Organizer will provide: [PA system, mics, monitors, lighting, engineer, etc.].

3.3 Provided by Performer. Performer will provide: [Instruments, controllers, cables, etc.].

3.4 Changes. Any material change to technical requirements must be agreed in writing.

4. Travel, Lodging, and Hospitality (If Applicable)

4.1 Travel. Travel is covered by: ☐ Organizer ☐ Performer ☐ Split: [Details].

4.2 Lodging. Lodging is: ☐ Provided by Organizer ☐ Reimbursed (cap: $[**]) ☐ Not provided.

4.3 Meals/Hospitality. Hospitality is: ☐ None ☐ Meal buyout $[**] ☐ Catering ☐ Other: [Details].

4.4 Per Diem (Optional). Per diem is: ☐ None ☐ $[__]/day.

5. Promotion and Use of Name/Likeness

5.1 Promotion Rights. Organizer may use Performer’s name, approved photos, and bio to promote the event.

5.2 Approval (Optional). Promotional use requires approval: ☐ Yes ☐ No. If yes, approval timeline is [__] business days.

5.3 No Endorsement. Unless expressly agreed, the performance does not imply Performer’s endorsement of Organizer sponsors or venue.

6. Merchandise Sales (Optional)

6.1 Merch Sales Allowed. Performer may sell merchandise: ☐ Yes ☐ No.

6.2 Merch Fee (Optional). Venue merch fee: ☐ None ☐ []% of merch sales ☐ Flat fee of $[].

6.3 Staffing. Merch staffing is provided by: ☐ Performer ☐ Organizer ☐ Venue.

7. Recording, Photography, and Broadcast

7.1 Audience Recording. Audience recording policy: ☐ Allowed ☐ Not allowed ☐ Limited to short clips.

7.2 Organizer Recording. Organizer may record:

☐ Photos only

☐ Short promotional clips (under [**] seconds)

☐ Full audio recording

☐ Full video recording

☐ Live stream

only if approved in writing as selected above.

7.3 Use of Recordings. Approved recordings may be used for: ☐ Event recap ☐ Marketing ☐ Paid distribution ☐ Other: [Use], for [**] months/years.

7.4 Performer Approval (Optional). Performer approval is required before publishing recordings: ☐ Yes ☐ No.

7.5 Ownership. Recordings are owned by: ☐ Organizer ☐ Performer ☐ Jointly ☐ Other: [Define].

8. Venue Rules, Safety, and Security

8.1 Venue Rules. Performer agrees to comply with reasonable venue rules, including sound limits and safety requirements.

8.2 Security. Security is provided by: ☐ Organizer/Venue ☐ Performer ☐ Other: [Details].

8.3 Backstage Access. Backstage access rules: [Badges/list/limits].

8.4 Illegal Activity. No Party will permit illegal activity at the event.

9. Cancellation, Rescheduling, and Force Majeure

9.1 Organizer Cancellation. If Organizer cancels:

☐ Deposit is refundable ☐ Deposit is non-refundable

and additional cancellation fee applies as follows: [Schedule].

9.2 Performer Cancellation. If Performer cancels without valid reason, Performer will: ☐ Refund deposit ☐ Pay $[__] cancellation fee ☐ Other: [Terms].

9.3 Rescheduling. Rescheduling is: ☐ Allowed if both Parties agree ☐ Not allowed.

9.4 Force Majeure. Neither Party is liable for failure to perform due to events beyond reasonable control, provided notice is given.

10. Liability and Insurance (Optional)

10.1 Limitation of Liability. To the extent permitted by law, neither Party is liable for indirect or consequential damages.

10.2 Indemnification. Each Party will indemnify the other for third-party claims arising from its breach, negligence, or misconduct, to the extent permitted by law.

10.3 Insurance. Insurance requirements: ☐ None ☐ Organizer coverage: [Details] ☐ Performer coverage: [Details].

11. Notices

11.1 Notice Method. Notices must be sent by: ☐ Email ☐ Certified mail ☐ Courier ☐ Other: [Method].

11.2 Notice Contacts.

• Organizer Email: [Email]

• Performer Email: [Email]

Organizer Email: [Email]

Performer Email: [Email]

12. Governing Law and Dispute Resolution

12.1 Governing Law. This Agreement is governed by the laws of [State].

12.2 Dispute Resolution. Disputes will be resolved by:

☐ Informal negotiation

☐ Mediation

☐ Arbitration

☐ Court litigation in [County, State]

12.3 Attorneys’ Fees (Optional). Prevailing party attorneys’ fees: ☐ Yes ☐ No ☐ Limited to: [Details].

13. Miscellaneous

13.1 Entire Agreement. This Agreement is the entire agreement regarding the performance.

13.2 Amendments. Amendments must be in writing and signed by both Parties.

13.3 Assignment. Neither Party may assign without the other Party’s written consent.

13.4 Severability. If any provision is unenforceable, the rest remains effective.

13.5 Counterparts; Electronic Signatures. This Agreement may be signed in counterparts and by electronic signature.

Signatures

By signing below, the Parties agree to be bound by this Performance Agreement as of the Effective Date.

Organizer/Venue: [Organizer or Venue Name]

Title/Role: [Title]

Date: [Date]

Signature: ___________________________

Performer: [Performer Name / Stage Name]

Title/Role: [Title]

Date: [Date]

Signature: ___________________________