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 New York Entertainment Booking Agreement is a legally binding contract that outlines the terms and conditions between an entertainment booking agent or agency and a client looking to hire or book entertainment services within the state of New York. This agreement serves as a framework to protect the interests of both parties and ensure a smooth and successful event or performance. The New York Entertainment Booking Agreement covers important aspects such as the details of the event, payment terms, cancellation policies, and any additional services or requirements. It serves as a communication tool, ensuring that both the booking agent and client have a clear understanding of expectations and obligations. Some key elements typically included in a New York Entertainment Booking Agreement are: 1. Event details: The agreement specifies the date, time, and location of the event, including any specific requirements or logistics. 2. Entertainment services: It outlines the type of entertainment being booked, such as live bands, DJs, comedians, magicians, or performers, along with any specific requests or preferences from the client. 3. Payment terms: The agreement determines the total fees, payment schedule, and any additional costs such as travel expenses, accommodation, or equipment rentals. It may include clauses regarding down payments, refunds, or payment dispute resolution. 4. Cancellation and rescheduling: This section outlines the conditions and procedures for canceling or rescheduling an event, including any associated fees or penalties. It may also specify the circumstances under which the booking agent or entertainment provider can cancel, such as force majeure events. 5. Indemnification and liability: This section defines the responsibilities and liabilities of both parties, ensuring that each party is protected in case of accidents, damage, or legal claims during the event. It may also include clauses related to insurance coverage, permits, and licenses. 6. Technical requirements: If the entertainment requires specific technical setups, such as lighting, sound systems, or stage arrangements, the agreement will outline the responsibilities of the client and the booking agent in providing or arranging those technical requirements. Types of New York Entertainment Booking Agreement may vary depending on the specific entertainment services being contracted. For example, there could be separate agreements for booking live bands, DJs, or theatrical performances. Each agreement will have its own set of nuances and requirements tailored to the type of entertainment being booked. In summary, a New York Entertainment Booking Agreement is a crucial contract that protects the rights and interests of both parties involved in booking and providing entertainment services. It is essential to carefully review and negotiate the terms before signing to ensure a successful and satisfactory experience for all parties involved.
