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.
Maine Entertainment Booking Agreement is a legally binding contract between an entertainment booking agent or agency and an entertainment performer or group based in the state of Maine. This agreement outlines the terms and conditions of the engagement, including the responsibilities, obligations, and compensation involved in booking and organizing entertainment events. The Maine Entertainment Booking Agreement ensures protection for all parties involved by clearly defining the scope of services, duration of the event, payment terms, cancellation policy, liability limitations, and any special requests or requirements. It establishes a professional relationship and sets expectations to avoid any misunderstandings or disputes. Different types of Maine Entertainment Booking Agreements may include: 1. Music Performance Agreement: This type of agreement focuses on booking musical acts such as bands, solo artists, or orchestras for live performances at venues like concerts, festivals, weddings, or private parties. 2. Comedy Performance Agreement: Specific to booking stand-up comedians or comedic acts for various events such as comedy clubs, corporate functions, fundraisers, or television appearances. 3. DJ Booking Agreement: This agreement pertains to booking professional DJs for parties, nightclubs, weddings, or other events where music entertainment is a primary focus. 4. Theater Performance Agreement: Geared towards booking theatrical productions, actors, or theater groups for performances in theaters, community centers, or other venues. 5. Variety Show Performance Agreement: This type of agreement covers multi-act performances that may include a combination of music, comedy, magic, acrobatics, and other forms of entertainment. 6. Specialty Acts Agreement: This agreement is designed for unique and specialized acts such as magicians, illusionists, jugglers, circus performers, hypnotists, or ventriloquists. It's crucial for both the booking agent and the entertainment performer to review and negotiate the terms of the agreement carefully. The agreement should be legally sound, compliant with Maine's entertainment industry regulations, and offer fair protection and compensation for all parties involved.
