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 Lima Arizona Entertainment Booking Agreement is a legally binding contract that outlines the terms and conditions between an entertainment booking agency and an individual or organization seeking to book entertainment services. This agreement serves as a blueprint for the arrangement and ensures that both parties are aware of their responsibilities, rights, and obligations. Key terms included in the Lima Arizona Entertainment Booking Agreement are: 1. Parties: Clearly identifies the entertainment booking agency (representing the artist or talent) and the client (individual, company, organization) seeking to book the entertainment service. 2. Scope of Performance: Details the type of entertainment service to be provided, such as live music performance, DJ services, theatrical performance, comedy act, dance troupe, or any other form of entertainment. 3. Event Details: Specifies the date, time, and location of the event where the entertainment service will take place. It may also include any specific requirements, such as equipment, staging, and special accommodations. 4. Compensation: Outlines the financial agreement between the parties, including the performance fee, deposit amount, payment schedule, and any additional expenses (travel, accommodation, etc.). It may also cover cancellation fees or penalties. 5. Performance Agreement: Sets expectations regarding the duration of the performance, breaks, dress code, soundcheck, and any other performance-related aspects. 6. Responsibilities: Enumerates the responsibilities of both parties, including the booking agency's obligation to provide a competent and professional entertainer and the client's duty to provide necessary support, like adequate facilities and promotion. 7. Intellectual Property: Addresses the rights and permissions related to the intellectual property used during the performance, such as copyrighted songs, choreography, or trademarks. 8. Indemnification and Liability: Defines the liability limitations, acknowledging that both parties should hold each other harmless from any claims, damages, or accidents that may occur during the performance. 9. Termination: Outlines the conditions under which either party may terminate the agreement, including provisions for breaches, force majeure, or mutual agreement. It is important to note that the Lima Arizona Entertainment Booking Agreement may have variations depending on the specific requirements of the entertainment industry, the artist, or the booking agency involved. Different types of Lima Arizona Entertainment Booking Agreements may include variations such as Non-Disclosure Agreements (NDA), Performance Rider Agreements, Joint Booking Agreements, or Exclusive Booking Agreements. Each type serves a unique purpose and deals with specific aspects of the booking process, such as confidentiality, additional terms, collaboration between booking agencies, or exclusivity commitments.