The following are some important considerations for an entertainment booking agreement:
" Date, time, compensation, and signature by both parties.
" Definition of performance. Both parties should know what is expected for a performance. Provide a clear yet concise description of the nature of the performance, including minimum length, set breaks, and anything else unique to the performance.
" Location, date and time.
" Compensation. It should be clear whether a fixed amount (guarantee), a percent of door or revenue, or both. Include when payment will be made, to whom, how, and any deposits. Be very clear here as to payment method and who specifically receives it. For example, if the deposit goes to the agent, and the remainder to the performer, this should be in the contract. If payment is based on percent of door, both parties should have the right to a presence in the box office and access to box office records or gross receipts.
" Recording, reproduction, transmission, photography. This is usually the artist's right to grant specific permission. However, it is common for the venue owner to have the right to use the performer's name and likeness in advertisements and promotion, so it is good to make sure that the venue owner has the appropriate promotional materials.
" Right to sell merchandise on premises. For smaller venues and engagements, this is usually the performer's right because it may a large part of the performer's compensation.
" Meals, transportation, lodging.
" Sound and production. It should be clarified who provides sound and how.
" Permits, licenses, and taxes. It is customary for these to be covered by the venue owner.
" Acts of God (Force Majeure). These events, such as weather or illness are intended to protect both parties.
" Cancellation. There are a number of ways this is handled. Usually if there is enough notice, neither party is penalized.
" Royalties and licensing. Performers need to either have permission or the necessary licenses when performing copyrighted material.
" Specific requirements/restrictions for performer. Eating, attire, language are examples.
" Agent terms. The agent may have a separate contract with the performer. The contract may between the performer and the venue owner, in which case, the agent's compensation should be clarified in the contract, along with any obligations of the agent.
" Insurance & Security. Personal liability insurance and property insurance are usually the responsibility of the venue owner. Although not often in the contract, the performer should insure his/her own equipment.
Maryland Entertainment Booking Agreement, also known as an entertainment contract or artist booking agreement in Maryland, is a legally binding document that outlines the terms and conditions between an entertainment performer (individual or group) and the person or entity hiring the performer. This agreement serves as a written record of the agreed-upon terms, including the date, time, location, and duration of the performance, as well as the compensation and responsibilities of both the performer and the client. It helps ensure a smooth and professional interaction between both parties involved in an entertainment event, be it a live concert, corporate event, wedding, or any other occasion requiring entertainment services. The Maryland Entertainment Booking Agreement typically includes the following crucial details: 1. Parties: The agreement identifies the performer(s) and the client(s) involved in the booking, including their legal names and contact information. 2. Date, Time, and Location: The specific date, start time, and duration of the performance are clearly stated, along with the venue or event location details. 3. Performance Details: It outlines the type of entertainment being booked, such as musical performance, comedy act, or any other form of entertainment, along with any specific requirements or requests from the client. 4. Compensation: The agreement defines the financial aspects, including the total fee or compensation for the performance, as well as payment terms, such as partial payments, deposits, or specific deadlines. 5. Equipment and Technical Requirements: If the performer requires any specialized equipment, instruments, or technical arrangements, this section of the agreement outlines those requirements and establishes who will bear the responsibility for providing them. 6. Cancellation and Rescheduling Policy: The agreement typically includes provisions for cancellation or rescheduling, outlining any penalties, refunds, or notice periods required in such cases. 7. Indemnification and Liability: This section specifies the responsibilities and liabilities of both parties, ensuring that they agree to hold each other harmless for any injuries, damages, or claims arising from the performance. 8. Intellectual Property and Recording Rights: If the performance is to be recorded, live-streamed, or photographed, the agreement may address the ownership and usage rights of the recorded material or intellectual property. 9. Governing Law and Jurisdiction: This clause determines the state laws and jurisdiction under which any disputes related to the agreement will be resolved, usually Maryland since it is the relevant jurisdiction. It is important to note that specific types of entertainment, such as live bands, DJs, or event production companies, may have their own specialized variations of the entertainment booking agreement tailored to their respective industry or niche. However, the key elements mentioned above typically apply to most types of entertainment bookings in Maryland.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
