The mere thought of contracts tends to give images of signing your life away to some unscrupulous record company boss.  Or if it is not that image, then perhaps someone getting hired to do someone in.  But we won't be exploring that kind of contract here.

Before you go and start to think that surely you don't need a contract for any small pub, club or venue, bear in mind they are just as likely, if not more so, to double book a gig or have to cancel it.  Anyone who has been gigging for more than a year or two will most likely have experienced a double booking or at least know someone who has.  I know bands who have gone to a gig only to find another band unpacking their gear from the van.  It makes no difference who booked which band and when.  The band with the signed contract will stay and the other band will go home - an evening wasted, not to mention money lost.
The contract you need to sign and get the venue to sign is generally a very simple one.  There is a link to one at the bottom of this page which you can download and use.  Bear in mind as well that if you are using a promoter or agent, you should have an agreement with them as their agreement will be with the venue.

Contracts within the band is also vital.  When you start out it is difficult to imagine why you would need a contract between the members of the band, especially if you are all friends.  Even suggesting it may seem to the other members that you don't trust them.   But it can save a lot of future headaches, an
d on occasion heartache.
Things you need to think about include who will own the songs and how will the royalties be split, who owns the name / logo,  who gets paid what after gigs, deals, etc.  Additionally and as boring as it may sound, there is also the standard business side to consider - who does the hiring and firing, are decisions group ones, how much notice does one of the members need to give to quit, etc.  Mostly it is common sense and can be written down by almost anyone although if you want to be extra sure that it is legally binding, get it done by a solicitor.

Naturally one agreement you will hope to sign is a recording one.  The nature of the beast is that it will be one of the most important decisions you will ever make.  A record company will naturally want exclusivity as far as you are concerned, more so if a lot of money is being invested in you.  This exclusivity may even go beyond the time limits of your contract, meaning you would be unable to re-record material previously released.  Something a band or performer should never forget is that rights to the music (mechanical rights) will reside with the record company, not the artiste.
Short term contracts can sometimes be the best ones for the artiste, although the ball is firmly in the court of the record companies.  One thing to remember though is that they are interested in you for a reason - to make money.  Depending on how much they think they can make off your music, your bargaining powers can be quite strong.
As much as your first offer can seem like the fulfillment of your dreams in a second, unless you happen to be a highly qualified contract lawyer who is also in a band, never negotiate your own first deal.  Although the record company will pay for all your recording, etc, this is all recoupable via royalties due to you and it is not unheard of for artistes to be stuck between a rock and a hard place - where most of the royalties are being used to pay back the record companies, the record company is maybe not putting as much into the artiste as it could and being contractually obliged, the artiste can not change record companies.
The musicians union is with this the best source of information and advice.  


Agent / Company name
Address



An agreement made on the 7/07/2006 between XXXX (hereinafter called the Client) of the one part, and XXXX (hereinafter called the artiste) of the other part, witnesseth that the client hereby engages the artiste/management and the artiste/management accepts an engagement to present the following at the Venue and from the dates of the periods and at the salaries/fees stated in the schedule hereto;

SCHEDULE

NAME OF ACT:

XXXX

VENUE:

XXXX

ADDRESS:

XXXX

DATE:

XXXX

CONTACT:

XXXX

TIMES:


Arrival

6.00pm

Soundcheck

6.30pm

Doors open

7.45pm

Set time

8.15pm

Set Duration

60 mins

SALARY/FEE: (see clause 9)
Fee / %age of door takings/ %age of tickets sold

50% of door takings

METHOD OF PAYMENT:

cash on the night




Signed:_____________________________Client. Signed:_____________________________Artiste.


Name:_____________________________Client. Name: _____________________________Artiste.


of XXXX of: _____________________________

Date: ____________________ Date: ____________________
By signing where indicated both parties agree to act on behalf on the named client or artiste, whichever is relevant. Please put band / artiste name in the third line.


PLEASE SIGN & RETURN ONE COPY OF THIS CONTRACT WITHIN 7 DAYS

THE CONDITIONS ON PAGE 2 ONWARDS ARE AN INTEGRAL PART OF THIS CONTRACT.

**********************************************************

Page 2

1. Cancellation of gig: N/A
2. The artiste/s agrees that the fee is inclusive of all expenses, travelling expenses to and from the venue and covers any payments whatsoever due to other members of the band.
3. The artiste agrees to adhere to the schedule set out above
4. The artiste/s warrants that all equipment is in good working order, and fit for its purpose, and that no part of the performance is likely to be a danger to the artiste/s or any other person/s.
5. The adjustment of the volume and sound level of any equipment shall be as the client reasonably requires.
6. No fee shall be payable to the artiste/s for any day upon which this engagement shall be suspended by reason of Royal Demise, National Mourning, Fire, Epidemic, War, Strikes, lockout or by reason of order of any Licensing or Public Authority.
In The event of illness, incapacity, appropriate union restrictions or strikes, or any other event beyond the control of the artiste, including but not limited to failure of transportation, the artiste shall not be required to perform the scheduled engagement(s) and in that event the artiste shall not be liable in any way for the loss of whatsoever kind of nature suffered by the promoter. In the case of any event that may result in the artiste not being present and able to perform at the scheduled engagement, the promoter must be contacted at the earliest possible opportunity. In the event of cancellation of the event, due to any event beyond the control of the promoter, the promoter shall not be liable to the artiste in any way.
7. The artiste/s at the time of signing this contract shall not be under any contract to a third party that might preclude him/her from fulfilling the engagement.
8. DMS will provide a solid stage at the venue.
9. (a) If the artiste's fee is based on the percentage of ticket sales (door takings) as set out above then the amount payable to the artiste will be the percenatage stated minus expenses. The amount payable will be calculated as the percentage of (ticket sales - expenses). Expenses are for the specific event and do not include DMS administration costs. Generally expenses will be ticket printing and poster printing, security staff and PA system. In the event of the artiste supplying their own PA system, there is no expense for that to be deducted. This clause is in addition to any other clauses of the contract which may deal with expenses and riders. Furthermore, this clause is only applicable where the salary / fee stated on the first page is on the basis of a percentage of ticket sales.
9. (b) If the artiste's fee is based on a percentage of the number of tickets the artiste sells, rather than a percentage of total ticket sales (door takings), then expenses as set out in 9(a) will not apply.
9. (c) If the artiste is to receive a set fee for the performance set out in this contract, then expenses as set out in clause 9(a) will not apply.
10. In signing this contract the artiste/s agrees to the terms and conditions laid down.
11. All artiste/s are responsible for their own TAX & N.I.contributions.
12. The artiste is responsible for supplying all equipment other than that which is specified as being supplied. If no equipment is specified as being supplied at the bottom of the contract then the artiste assumes all responsibility for equipment. Supplied equipment will be stated in the technical rider section.
13. The client shall be responsible for the provision of mains electricity in the performing area.
14. DMS will provide professional security for the artistes and their belongings. DMS will not be held liable in any way for loss or damage caused to equipment or belongings of the artiste by a third party.
15. All deposits paid are non-refundable.
16.This agreement shall be construed and governed in all respects in accordance with the laws of England and the courts of England shall be courts of jurisdiction.



TECHNICAL RIDER: