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.
A Montana Entertainment Booking Agreement is a legal contract used in the state of Montana to solidify the terms and conditions between an entertainment artist or group and a booking agent or event organizer. This agreement outlines the expectations, responsibilities, and rights of both parties involved in the booking process. The agreement typically includes key details such as the event or performance dates, venue location, compensation arrangements, cancellation policies, and any additional specific requirements or obligations. There are various types of Montana Entertainment Booking Agreements that can be tailored to suit different situations and needs. Some common variations may include: 1. Musician Booking Agreement: This type of agreement is specific to hiring musicians or bands for performances at concerts, festivals, weddings, corporate events, or other private functions. 2. Comedian Booking Agreement: Specifically designed for booking stand-up comedians for comedy shows, comedy clubs, or special events that require comedic entertainment. 3. DJ Booking Agreement: Tailored for booking disc jockeys for parties, nightclubs, weddings, or other events that demand music mixing and entertainment. 4. Performance Act Booking Agreement: This type of agreement is broader and applies to any type of entertainment act, such as magicians, dancers, circus performers, or specialty artists, who are hired for various events or gigs. 5. Public Speaker Booking Agreement: Specifically drafted for booking professional speakers or keynote speakers for conferences, seminars, workshops, or corporate events. Each agreement may have specific clauses or sections that address unique concerns related to the particular entertainment type it pertains to. However, the overall purpose remains the same: to establish a legally binding and mutually beneficial agreement between the entertainer and the booking agent/event organizer, ensuring a smooth and successful event.
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.
