Live Performance Contracts: the booking agreement

If you have a band, you probably do live shows. You may not do them all the time, or you may be out almost every night playing at a club or concert, but either way, you should consider a written contract for each performance. The contract can be very basic, essentially stating that the club is going to pay you “x” amount and you are going to play “y” songs. This would bind both you and the club owner to paying and playing what was originally discussed. That said, most performances are more elaborate than that, and have many more facets and it would be wise for you to add a few other parts to that contract.

Obviously the contract should have the signatures of both parties on it. This binds them both to the conditions set up. Now that doesn't mean that the whole band needs to sign the contract. Normally, depending on the business license you have, only one person in the band, or a manager need to sign the contract in order for it to be binding for the entire band.

In order for the contract to be worth anything, it needs to be specific. A non-specific contract will leave room for debates and fighting later. This means that you need to specify how long the band must play. This can be a number of songs or a time frame. If you don't do this, the club owner may not feel as though you played enough when you've finished and could try and refuse to pay the agreed fee.

The next thing that should be in the contract is probably the part that you are most excited about, it's the compensation. Basically how much is the band going to be paid for what they do. Again, this number could vary and could be a set amount or a percentage of that nights earnings. It could also be come combination of those two options. Either way, it will ensure that the band will make what you originally agreed upon. If you do choose to do all or a portion in percentage earnings, you will want to have someone that you trust be there when the money for the night is counted. This will ensure that the band is making what it should. You will also need to add when the band will be paid in the contract. It could be half before they start and then the other half when they finish, or it could all be after. It's possible the owner will want to pay you a day or two later. No matter when it is that you agree to, make sure it's in the contract so that time can't change later on.

When you begin to perform outside of the state, or at least outside of your area, things can get a little more complicated. As soon as you are leaving your area you will need to find housing, you will also need to either take all of your equipment with you, or use the club's and gas may become an issue. All of these things will need to be discussed in the contract. Compensation for the hotel rooms, gas money and anything else the band must provide should be added to the contract. Also, if the band intends to sell any kind of promotional merchandise at the show, that will need to be established. Generally a club owner will want a portion of that income, but sometimes not. Either way, it needs to be in the contract, even if they tell you that you can keep all of the money from your sales, put it in there. People tend to change their minds when money is sitting right in front of them, but if their decisions are on paper, they can't back down on deals.

Other things that you will probably want to cover in the contract is advertising, power supplies and hookups needed. Each of these things will be more of an issue if you are traveling further to the club, but still important. The advertising is connected to how much promotion you are expecting the club to do for the gig. If you are expecting them to hang fliers and have commercials and all of that, and they do nothing, the concert may be significantly smaller than you thought, and can cause problems. Also add how much power and what type of outlets you will be needing for your instruments and gear. This will keep you out of trouble if the club doesn't have the required power supply when you arrive or if you end up blowing a fuse or something along those lines.

Other than simply being a professional way to conduct your business, a contract really protects you and the other parties involved. It will ensure that you do what you promised to do, while the club owner will do what he promised. These contracts are binding and aren't something that should be taken lightly. You should never just skim a contract before signing it, because you can't change it after the fact and a judge will almost always rule on the side of a signed contract.