Music Performance Contract Template

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A Music Performance Contract is a legal agreement between a performer and a venue or event organizer outlining event details and compensation. It is used to confirm booking terms and protect both performer and organizer from misunderstandings.
MUSIC PERFORMANCE CONTRACT

This Music Performance Contract (the "Contract") is entered into on   (the "Effective Date") by and between

 , an individual having their usual place of living at   (the "Musician"), and

 , an individual having their usual place of living at   (the "Client"), collectively referred to as the "Parties" and individually as the "Party"

WHEREAS the Musician is a professional with expertise in music services;

WHEREAS the Client seeks the Musician's music performance services for the event described herein;

WHEREAS the Parties agree to enter into this Contract to outline the terms and conditions for the Musician's services and the Client's compensation for the services rendered;

WHEREAS the Parties acknowledge that they have the legal capacity to enter into this Contract and that they have read and fully understood its terms;

NOW, THEREFORE, in consideration of the mutual promises and obligations set forth herein and for other good and valuable consideration, the Parties have agreed as follows:

SUBJECT OF THE CONTRACT

The Musician agrees to provide music performance services (the "Services") for the Client with a crew of   persons (the "Crew") as follows:

Description of the Services: The Musician shall provide   (the "Performance") in the frame of   (the "Event"). 

The Performance shall last   (the "Performance Time") and shall take place on   (the "Event Date").

The Performance shall include   sets.

Quality of the sound equipment: The Musician shall provide all the needed sound equipment, including microphones, speakers, amplifiers, and  , to ensure quality sound. The sound equipment must be appropriate for the size, conditions, and anticipated number of guests at the Performance location.

Rider: The Client acknowledges receiving and reviewing the attached Musician's rider, which outlines additional terms, conditions, and requirements specific to the Musician's needs and preferences. The Client also agrees to fully comply with and fulfill the provisions set forth in the rider.

Both Parties acknowledge that any changes or modifications to the above requirements must be made in writing and approved by both Parties.

PAYMENT TERMS

The Client agrees to pay the Musician a fixed amount of   (the "Compensation") for the provided Services. The Compensation shall be paid in two parts according to the following conditions: 

  • Prepayment: The Client agrees to compensate the Musician   as a prepayment (the "Prepayment") within   days upon signing this Contract, which shall be credited as part of the Compensation.
  • Postpayment: The Client shall make full payment of the remaining Compensation to the Musician, excluding the Prepayment, no later than   days after completion of the Services (the "Due Date").
  • Full amount: The Compensation covers all expenses related to the music Services provided by the Musician. The Compensation shall not be subject to any deductions or offsets, except as specified in this Contract.
  • Payment method: The Client shall pay the Musician by cash.
  • Taxes: The Musician is responsible for covering all taxes and additional fees imposed by federal, state, and local governments on the Compensation paid to the Musician under this Contract.
  • Overtime: If, at the Client's request and with the Musician's approval, the Performance lasts longer than the Performance Time, the Client agrees to compensate the Musician with an overtime rate of   for each hour or partial hour of overtime rendered. The payment for overtime shall be added to the Compensation and paid on the Due Date.
  • Travel and lodging: If the Services require the Musician to travel beyond   from the Musician's registered address, the Client shall reimburse the Musician for reasonable travel and lodging expenses as outlined in the Annex.
  • Other payment terms:  .
TERM AND TERMINATION

This Contract shall commence on the Effective Date and shall continue until   unless terminated earlier under the terms of this Contract.

Either Party may terminate this Contract at any time by providing the other Party with written notice, but not later than   days before the Event Date.

In addition, either Party may terminate this Contract immediately upon written notice to the other Party if the other Party becomes insolvent or files for bankruptcy.

 .

Upon termination of this Contract, the Client shall pay the Musician for all Services satisfactorily completed by the Musician through the date of termination.

CANCELLATION POLICY

The following refund policy shall apply if the Client cancels the Services before the Event Date:

  • If the cancellation occurs at least   days before the Event, the Client shall be eligible for a refund of  % of the full Prepayment.
  • If the cancellation occurs less than   days before the Event, the full Prepayment shall not be refunded.

The Prepayment shall be returned to the Client if the Musician voluntarily cancels the Services unless the cancellation results from force majeure events or a breach of this Contract by the Client.

In the event of any cancellation, the Musician shall promptly inform the Client in writing and provide a valid reason for the cancellation.

RELATIONSHIP OF THE PARTIES

The Musician acts as an independent contractor while providing the Services and does not have any authority to bind or oblige the Client. This Contract does not create an employment, agency, partnership, or joint venture relationship between the Parties.

INTELLECTUAL PROPERTY

The Parties have agreed to regulate intellectual property rights used during the performance of the Services according to the following rules:

  • Ownership: The Musician retains all ownership rights to the Musician's original compositions, lyrics, and recordings. The Client acknowledges and agrees that the music created by the Musician is protected by copyright law and that the Musician retains all rights to such intellectual property.
  • Covers: For the purpose of performing covers, the Musician must obtain licenses and permissions from the copyright owners or their authorized representatives. The Musician shall guarantee that such performance does not infringe on the intellectual property rights of third parties. The Musician shall be solely responsible for paying royalties or other fees to the copyright owners or their authorized representatives for performing and recording any cover versions.
  • Advertising and promotional materials: The Musician grants the Client a non-exclusive, limited license to use the Musician's name, image, and likeness in promotional materials related to the Performance. Before using this name, image, or likeness in any context, the Client agrees to obtain the Musician's written consent.
  • Recordings: The Client agrees that any recording, online transmission, or broadcast of the Performance shall only be conducted with the Musician's prior written consent. Any recording, transmission, or translation shall require separate written consent from both Parties.
INDEMNIFICATION

The Musician agrees to indemnify and hold harmless the Client against any claims, demands, suits, actions, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, resulting from or related to the Musician's performance under this Contract. However, if it is found that both the Musician and the Client share fault or negligence in causing the claim, the Musician's indemnification obligation shall be reduced based on the percentage of fault attributed to the Client.

NOTICE

Any notice, request, or demand required to be given under this Contract shall be in written form. It shall be deemed duly given if delivered personally or sent by registered mail, return receipt requested, postage prepaid, or reputable overnight delivery service to the address set forth below. An electronic copy may also be delivered to the email address set forth below.

If to the Musician:

 

Attn.  

 ,  ,  

 

 

If to the Client: 

 

Attn.  

 ,  ,  

 

Either Party may change the registered mail or email address for receipt of notices by giving written notice to the other Party.

Notices shall be deemed received on the day of delivery if delivered by hand or courier service, or on the third business day after the date of posting if sent by registered mail or email.

CONFIDENTIALITY

The Parties agree to keep all confidential information disclosed during this Contract and not to share such information with any third party unless required by law. To fulfill the Parties' obligations under this Contract, they agree not to use the confidential information for any purpose unrelated to this Contract.

This confidentiality clause shall remain in effect after the termination or expiration of this Contract.

FORCE MAJEURE

Neither Party shall be liable for any failure to perform or delay in performing the obligations under this Contract if such a failure or delay is caused by events of force majeure, such as acts of God, war, terrorism, strikes, lockouts, labor disputes, pandemics, governmental regulations, or any other similar causes beyond the reasonable control of the affected Party.

In the case of force majeure, the affected Party shall immediately notify the other Party in writing and provide reasonable proof of the cause of the delay or inability to perform the obligations. The Party affected by force majeure shall endeavor to mitigate the consequences of such circumstances and resume the performance of its obligations as soon as possible after the circumstances cease to exist.

If the force majeure circumstances last more than   days, either Party may terminate this Contract by giving written notice to the other Party. In this case, neither Party shall be liable to the other Party for any damages arising from the termination of this Contract.

SEVERABILITY

The invalidity or unenforceability of any provision of this Contract shall not affect its validity or enforceability.

WAIVER

The failure of any Party to enforce a particular provision of this Contract shall not waive their right to enforce it in the future.

ENTIRE AGREEMENT

This Contract is the complete agreement between the Parties and supersedes any prior or current agreements, understandings, negotiations, or discussions, whether oral or written, relating to the subject matter of this Contract. Any amendments or modifications to this Contract must be in writing and signed by both Parties. This Contract does not establish a partnership or joint venture between the Parties, and neither Party has the authority to bind the other.

BINDING EFFECT

This Contract shall be binding for the Parties and their respective successors and assigns. Neither Party may assign this Contract or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent shall not be unreasonably withheld.

ANNEXES

Any Annexes to this Contract are integral parts of this Contract. In the event of any inconsistencies between the provisions of the main body of this Contract and its Annexes, the provisions of the main body of this Contract shall prevail.

IN WITNESS WHEREOF, the Parties have executed this Contract as of the Effective Date.

THE MUSICIAN

THE CLIENT

 

 

 ,  ,  

 

 

__________________

(Place for signature)

 

 

 

 ,  ,  

 

 

_________________

(Place for signature)

 

ANEX A
to the Music Performance Contract dated  

RIDER

The following additional requirements are necessary for the Performance:

Written by Megan Thompson - Reviewed by Kate Adkham

Template Description

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Paper titled "Music Performance Contract"; music band playing the guitars and the drums

What Is a Music Performance Contract?

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The document memorializes the promises made between artists and organizers of a live event and protects the interests of both parties. It contains information about the musicians' fees and related expenses, requirements for sound, lighting, audio recording, and enlists the repertoire that the musician will perform, as well as the obligations of the organizer.  

Why Should I Create a Music Performance Contract?

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Executing valid musical performance contracts is important for many reasons. First, the agreement memorializes the artist's and the venue/event organizer's promises for the event. Second, judges can use the agreement to enforce the rights and interests of parties harmed by the actions or inactions of other parties, assuming that the contract was executed properly and complies with state law.

This contract can protect you if:

  • The performer doesn't show up;

  • The payment isn't made as agreed;

  • The event gets canceled, and you need to figure out refunds;

  • There are changes to the schedule or setup.

When Do I Need a Music Performance Contract?

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You should use a musical performance contract any time you're hiring or being hired to play live music at an event. This includes situations such as:

  • A band performing at a wedding or private party;
  • A DJ playing at a nightclub or concert;
  • A solo artist hired by a restaurant or café;
  • A performer joining a music festival;
  • A music teacher organizing a student recital;
  • A musician playing background music for a corporate event;
  • Any gig where payment, sound setup, or scheduling is involved.

If a band or a musician wants to play cover songs, the contract needs to include the use of copyrighted material and license issues.

How Do I Write a Music Performance Contract?

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When you create the document, use clear formatting and simple language that leaves no space for ambiguity. The easiest way to ensure the document contains all essential information is to use a music performance contract template provided by reliable sources. To complete it, follow these steps:

  1. Write the full names, addresses, phone numbers, and emails of both parties.

  2. Describe the event details:

    • Name of the event;
    • Date and time of the performance;
    • Event location (include full address);
    • Length of performance time (e.g., 2 hours with one 15-minute break);
    • Expected arrival/setup time;
    • Soundcheck (if required).
  3. Set payment terms:

    • Total amount the performer will be paid;
    • How and when payment will be made (e.g., half up front, half after show);
    • Accepted payment methods (e.g., cash, check, bank transfer);
    • Any charges for overtime or late payments;
    • If a deposit is required, and if it's refundable.
  4. Define the responsibilities of both parties:

    • Who provides sound equipment, microphones, or lighting;
    • Who arranges transportation and setup;
    • Whether meals or drinks are provided;
    • If any backup performers or substitutes are allowed;
    • If there are special requirements (e.g., dress code, genre of music, volume limits).
  5. Explain when the parties should be informed about the contract cancellation and what legal and financial responsibilities it presupposes. 

  6. State which state's laws apply to this contract (usually where the event takes place);

  7. Describe what happens if there is a disagreement.

  8. All parties should sign the musical performance agreement and write the date.

If you're unsure about any terms or need changes, talk to a lawyer before signing.

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