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.
The Hawaii Entertainment Booking Agreement is a legal document that outlines the terms and conditions between an entertainer or performer and the individual or organization booking their services in Hawaii. This agreement serves as a binding contract that ensures both parties understand their responsibilities, rights, and obligations. The primary purpose of the Hawaii Entertainment Booking Agreement is to establish clear communication, protect the interests of all parties involved, and prevent any misunderstandings or disputes that may arise during the booking process or performance. This agreement typically includes important details such as the names, contact information, and addresses of both the entertainer and the booking party. It also specifies the agreed-upon time, date, and duration of the performance or event. Furthermore, it outlines the compensation terms, including the agreed-upon fee, payment schedule, and any additional expenses or travel arrangements for the entertainer. The Hawaii Entertainment Booking Agreement addresses logistics such as the performance requirements, technical specifications, and equipment provisions necessary for the successful execution of the event. It may also include clauses related to cancellation policies, force majeure events, and liability waivers to protect both parties against unforeseen circumstances or accidents. There are different types of Hawaii Entertainment Booking Agreements tailored to specific entertainment sectors or parties involved. Some common variations include: 1. Musician/ Band Booking Agreement: This type of agreement is specifically designed for musicians or bands hired to perform at concerts, festivals, weddings, or other events. 2. DJ Booking Agreement: DJs often require a specific booking agreement that outlines their performance requirements, equipment needs, and the type of music they specialize in. 3. Comedian Booking Agreement: Comedians may have their own unique booking agreement that emphasizes their stand-up routines, expected audience interactions, and any specific content restrictions. 4. Entertainment Agency Booking Agreement: In cases where an entertainment agency is acting as a middleman between the entertainer and the client, a more comprehensive agreement might be required to cover the responsibilities and commissions of the agency. In summary, the Hawaii Entertainment Booking Agreement is a crucial document that ensures a smooth and successful entertainment booking experience in Hawaii. It provides a clear understanding of the obligations, compensation, logistics, and requirements for both parties involved, enabling a mutually beneficial and enjoyable event.