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.
Delaware Entertainment Booking Agreement is a legally binding contract entered into between an entertainment provider and a client, typically an individual, organization, or venue, based in the state of Delaware. This agreement outlines the terms and conditions under which the entertainment services will be provided for a specific event or performance. The Delaware Entertainment Booking Agreement encompasses a wide range of entertainment services, including live music performances, DJ services, comedy shows, theatrical performances, dance routines, and any other form of entertainment commonly sought for various events such as weddings, corporate events, festivals, parties, and concerts. Key elements typically found within a Delaware Entertainment Booking Agreement include: 1. Parties involved: This section identifies the parties entering into the agreement — the entertainment provider (individual or group) and the client/booking party. 2. Performance details: The agreement details the specific date, time, duration, and location where the entertainment services will be rendered. This includes any necessary setup and soundcheck periods. 3. Entertainment services: This section describes the type of entertainment to be provided, specifying genres, themes, costumes, props, and any special requests made by the client. 4. Compensation: The agreement outlines the total payment due to the entertainment provider, along with any deposit requirements, cancellation fees, overtime charges, and reimbursement of additional expenses (transportation, accommodation, etc.). 5. Terms of payment: This section defines the payment schedule, method of payment, and any penalties for late or non-payment. 6. Obligations and responsibilities: The agreement sets forth the obligations of both parties. The entertainment provider ensures they will perform to the best of their abilities and adhere to all agreed-upon terms, while the client must provide a suitable performance space and fulfill any specified requirements. 7. Intellectual property rights: If applicable, the agreement addresses ownership and usage rights of any original material, music, or copyrighted material included in the performance. 8. Indemnification and liability: This section outlines the responsibilities and potential liability of each party in case of any damage, injury, or loss that may occur during the performance. Different types of Delaware Entertainment Booking Agreements may exist based on the specific entertainment services being contracted. Examples include Live Music Entertainment Booking Agreement, Comedy Show Performance Agreement, DJ Services Agreement, Dance Performance Booking Agreement, and so on. These agreements may have slight variations in terms of payment structure, performance expectations, and intellectual property considerations, depending on the nature of the entertainment service.
