Registered: Sep 2005
Location: NY
Posts: 944

Hi folks.

Does anybody have samples of performance contracts for corporate/charity/private shows? I want to update mine and see if there's anything missing or that I should add or modify.

Preferably something written or reviewed by an attorney, not something you created yourself (unless you're a lawyer...).

I searched the web and really didn't find much that was helpful.

Thanks,

__________________
www.BrainChampagne.com
Brain Champagne: Clever Comedy for Smart Minds (sm)

Report this post to a moderator | IP: Logged

Registered: Jul 2006
Location: Toronto, Ontario
Posts: 406

Just wondering - why do you need one that's looked over by a lawyer? A contract is valid as long as both parties agree. I worked in Sales for 5 years so I just took wording from that to incorporate my own. I'd send you that one but I made it myself so you're not looking for that.

__________________
www.brianhopecomedy.com

Report this post to a moderator | IP: Logged

Registered: Jan 2009
Location:
Posts: 1075

You trying to start a fight? Comedians don't get contracts, never have never will.


APPEARANCE AGREEMENT FOR:
Charley Davidson

THIS AGREEMENT is entered into this _____ day of _______________ 20____, by and between the Performance Group ("PG") and Buyer identified below (collectively, the "Parties").
IN CONSIDERATION of the mutual promises set forth herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the Buyer hereby engages PG to provide a Performance upon the following terms:
1) Performance Group Name :Charley Davidson Show
2) Performance Group Contact :Ron Elkins 239-292-1750
3) Buyer Name __________________________________________________
__
Address __________________________________________________
______________
4) Place of Performance _____________________________________________
Address __________________________________________________
______________
5) Date of Performance : ________________________________
6) Time of Performance __________________________ + or - ½ hour on time frame
7) Performance shall last 45 minutes to 90 minutes
8) Performance Fee. Buyer shall pay PG a Performance fee of $____________.00 as follows: *Upon execution of this Agreement, Buyer shall pay to PG a Deposit of __________.00 *Following the Performance, Buyer shall pay to PG the Balance of $___________.00 *Payment shall be in the form of cash and be paid to Charley Davidson
9) Promotion Buyer shall be responsible for promotion of the Performance.
PG shall provide Buyer with copies of PG promotional materials.
10) Sound and Set-Up At least 1 hours prior to the Time of Performance , the Buyer shall provide PG and their designated representative sufficient access to the Place of Performance for set-up and sound check.
11) Security Buyer shall take reasonable precautions for the safety of PG and PG's equipment before, during, and after the performance.
12) Termination Either Party may refuse or terminate the Performance due to violation of any law or regulation by the other Party, or any situation that the Party reasonable believes may be hazardous to any person or property .
13) Insurance Buyer warrants and represents that it has, or shall obtain, sufficient personal injury and property damage liability insurance with respect to the activities of PG at the Place of Performance.
14) Accommodations Buyer shall provide PG with: *Reasonable amounts of free water and soda during the Performance *___________ Bar tab
15) Cancellation If Buyer provides written notice of cancellation of the Agreement to the PG Member Contact at the address listed above, by the following dates, the
Parties shall promptly take the following actions: Date Buyer provides written notice of Action required cancellation *At least 60 days before the Date of Buyer is responsible for 50% of Performance. Fee *Less than 60 days, but still before the Buyer is responsible for 100% of Date of Performance. Performance fee The obligation of the Parties shall be excused by detention of key personnel by sickness, accident, riot, strike, epidemic, act of God, Force Major or any other legitimate condition beyond the control of the obliged Party. If such circumstances arise in the case of PG, PG shall, at its discretion, obtain replacement personnel, or shall refund the deposit to the Buyer. Buyer shall, at it's discretion, obtain a reasonably similar replacement venue available on the Date of Performance, or shall comply with the notice of cancellation provisions described herein. Neither Party shall be liable for indirect, special or consequential damages arising from any breach of this Agreement.
16) Merchandise. PG shall, at it's option, sell albums and other promotional material on premise during the Performance, retaining all proceeds associated therewith.
17) General. This agreement will be governed and construed in accordance with the laws of the State of performance. This Agreement constitutes the entire agreement between the parties.
18) Additional Provisions. The Parties agree to the following additional terms. __________________________________________________
________________ __________________________________________________
________________ __________________________________________________
________________
I have read and agree to all terms as written in this agreement.
Buyer By_________________________ Date_______________________
Performance Group By :Ron Elkins
Date ______________________________________
Charley Davidson
Bald Beaver Productions

Report this post to a moderator | IP: Logged

Registered: Mar 2009
Location: Texas
Posts: 87

You may have seen this, and it may/may not work for you, but wanted to pass it along...

It's a basic CYA form where the info can be adjusted for your needs...

http://www.oscarandbernie.com/contract.htm

Report this post to a moderator | IP: Logged

Registered: Mar 2009
Location: Texas
Posts: 87

Charley...where is the "Sanity Clause?"

Report this post to a moderator | IP: Logged

Registered: Sep 2005
Location: NY
Posts: 944

Brian, laws are written by lawyers, for lawyers, and interpreted by judges who are... lawyers.

I'm not one, and any lawyer can give a zillion examples of why you should have one review your contracts. Because what you think something means isn't necessarily what a judge will say it means.

Telling a joke to your friends and getting a laugh doesn't make you a pro comic. Same applies to reading a contract and being an attorney.

And everybody else, thanks for your input!

(by the way, comics get contracts all the time, just not so much from comedy clubs)

__________________
www.BrainChampagne.com
Brain Champagne: Clever Comedy for Smart Minds (sm)

Report this post to a moderator | IP: Logged

Registered: Mar 2009
Location: Texas
Posts: 87

quote:

---

Originally posted by Shaun Eli
Telling a joke to your friends and getting a laugh doesn't make you a pro comic.

---

Are you sure about that? I mean, if that's really true...I've wasted a lot of money, gas and years of my life.

Report this post to a moderator | IP: Logged

Registered: Jul 2006
Location: Toronto, Ontario
Posts: 406

Of course lawyers would advise for lawyers to look over contracts....

I was just saying that a contract signed by both parties is still valid.

__________________
www.brianhopecomedy.com

Report this post to a moderator | IP: Logged

Registered: Sep 2005
Location: NY
Posts: 944

Unless there's something that invalidates it, that you don't know about.

And perhaps you want to have clauses about which jurisdiction hears disputes, clauses that say that if the court holds anything in particular invalid the rest of the contract remains in force, clauses about liquidated damages, clauses about force majeur (acts of God)...

I spent over a decade as a banker, looking at legal documents as part of my job, there's a reason some simple agreements are a zillion pages...

__________________
www.BrainChampagne.com
Brain Champagne: Clever Comedy for Smart Minds (sm)

Report this post to a moderator | IP: Logged

Registered: Sep 2002
Location: Rochester, NY
Posts: 1462

Always include terms of a breech and include court costs and disbursements. If a party cancels on you, you shouldn't have to pay to take them to court.

Shaun, I've e-mailed you a contract I use directly.

__________________
www.ralphtetta.com

Report this post to a moderator | IP: Logged

Registered: Jul 2006
Location: Toronto, Ontario
Posts: 406

Marriott's standard was "simpler the better" and the contracts would be a page and a half. They deemed a lot of clauses unnecessary but would put them in if the client requested. They actually wouldn't put in Force Majeure (which they called the Impoosibility Clause) unless asked to by the client. BUT there is nothing wrong with more clauses like you're looking for so I can see why you want it done your way.

I personally don't put them in because the easier the contract reads the easier it will come back. As long as you know how to put a contract together you'll be fine.

Interesting note: I took a course on contracts and we had the legal department in to teach us all about it. With the hotel contracts we did we always had a cancellation policy with an amount. Some clients would actually cross it out as if they're not paying it if they cancel thei meeting. In court, if the cancellation is crossed out - the client is liable for 100 percent of what it was contracted for (Marriott had 80 percent cxl policy). Just thought I'd throw that useless info out there.

If there are any spelling mistakes...I blame the blackberry and beer.

__________________
www.brianhopecomedy.com

Report this post to a moderator | IP: Logged

Registered: Jul 2006
Location: Toronto, Ontario
Posts: 406

Oh, one thing to add. Mariott's contracts would be a page and a half if the revenue was less than $100,000. If it was more then they would have all of the clauses making more like an 8 page contract.

__________________
www.brianhopecomedy.com

Report this post to a moderator | IP: Logged

Registered: Sep 2002
Location: Rochester, NY
Posts: 1462

One page. Call it an "artist agreement." It puts the client at ease and less defensive of being presented a contract. In the cover letter, mention that it will outline each party's rights and responsibilities, no one has a problem with that, and if they do, you don't need to be doing business with them.

__________________
www.ralphtetta.com

Report this post to a moderator | IP: Logged