Let’s talk about performance agreements.

Every act you book should provide you with a performance agreement – and if they say “I work on handshakes” you may want to insist they provide you with some documentation. 

The performance agreement is a standard document that protects you and the performer in case of problems, misunderstandings, or cancelations.  It should, at a minimum, clearly state the date, time, location, total cost, any additional fees such as travel, and a description of the performance.  The agreement should also have a clear cancelation policy including what, if any, monies are returned.  

Some performance agreements also include what is commonly referred to as a rider.  A rider is all the stuff the performer needs to give you an awesome performance.  It should include technical information like sound, light, and stage requirements.  Some acts will add their personal preferences such as types of beverages, and of course the famous no brown m&m’s clause!  The rider also includes the requests for things like parking, guests, and meals.  It’s important to read the rider and understand what your act will need.

Going back to the Agreement, most of the time, just like your iTunes Agreement, you sign it without a second thought, but some venues, clubs, and organizations send it to their legal team to take a closer look and changes are almost always requested. This is where today’s article really starts.

Legal teams love to send an agreement back with redlines and changes – and that’s fine… it’s literally their job and usually, those changes are easy to accommodate.  Almost everything can easily be changed including the clauses that discuss severability, creative rights, indemnification, interpretation, and payment terms.

One topic that will usually be redlined but requires more discuss is the cancellation clause.  Every agreement should have the rules for cancelling at the top.  It’s the one thing that is actually likely to come up.  The performer should give you, clearly in writing, your options to cancel, your refund options and timeline, what happens with Force Majeure and Acts of God, and if the performer falls ill. 

It is important to note that the cancellation clause should protect both you and the performer.  So often lawyers forget that a contract is for both sides – so when you give their notes to your performer please allow a little negation on the cancellation terms.

Before we end – one more note regarding Riders.  Please read them.  Your entertainer really wants to give you the best show – and the better acts will tell you exactly what they need to do this.  Read the Rider, ask questions, and let the performer know what you cannot do.  It really does make a difference!

About Michael

Michael Gutenplan is a mentalist for corporate events, private parties, and the nation’s top rated entertainer for private clubs.