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.
New Mexico Entertainment Booking Agreement is a legal contract that governs the booking of entertainment services in the state of New Mexico. It outlines the terms and conditions agreed upon by the booker and the entertainment provider, ensuring a smooth and professional relationship throughout the entire process. This entertainment agreement covers a wide range of entertainment services available in New Mexico. Whether it's booking a live band, solo artist, DJ, comedian, magician, or any other type of performer, this agreement provides a framework for both parties to understand their obligations and rights. Some key elements covered in the New Mexico Entertainment Booking Agreement may include: 1. Parties involved: Clearly identifies the booker and the entertainment provider involved in the agreement. It may also include contact information, addresses, and legal names of both parties to avoid any confusion. 2. Event details: Specifies the date, time, and location of the event for which the entertainment services are being booked. It may also include any special requirements or additional services requested by the booker, such as sound equipment, stage setup, or specific performance requests. 3. Performance fee and payment terms: Clearly states the agreed-upon compensation for the entertainment services, including any additional fees, such as travel expenses or accommodation costs. Payment terms, such as when and how the payment will be made, are also outlined in this section. 4. Cancellation and rescheduling: Describes the conditions under which either party can cancel or reschedule the event. It may include provisions for refunds or rescheduling fees, as well as the timeframe within which notice must be given. 5. Liability and insurance: Clarifies the responsibilities and liabilities of both the booker and the entertainment provider. It may include provisions for insurance coverage, indemnification, and liability limitations in case of accidents, property damage, or injuries during the event. 6. Intellectual property rights: Determines the ownership and usage rights of any intellectual property, such as songs, scripts, or recorded performances created during the event. This section may also address copyright infringement issues and the use of trademarks. 7. Confidentiality and non-disclosure: Protects the confidentiality of any proprietary or sensitive information shared between both parties during the booking process. It ensures that neither party will disclose nor use the confidential information without prior consent or legal necessity. It's important to note that there might be different types or variations of the New Mexico Entertainment Booking Agreement based on the specific entertainment industry involved. For example, there could be separate agreements for musicians, comedians, actors, or production companies. These agreements may have additional clauses tailored to the unique requirements and circumstances of that particular entertainment sector. To ensure a comprehensive and legally binding agreement, it is recommended to consult with an attorney who specializes in entertainment law to customize the agreement according to the specific needs and circumstances of both the booker and the entertainment provider.
