This is a simple band performance contract for small shows. It includes the all-important free tix, parking, and munchies/water.
Please note the mandatory sound check of Venue's systems -- the Band needs to take the lead in setting that up.
Disputes are settled by inexpensive arbitration. Bands may prefer to use a small claims court in their hometown.
As always, this is just a simple guide template. It does not provide for the specifics of you... show morer situation. Gigs are often highly negotiable -- contracts tend to change and have things added/removed.
See an entertainment attorney near you to have it professionally modified to meet your needs!
BAND PERFORMANCE CONTRACT
This contract (the "Agreement") is made on this day of Aug 14, 2015between (the "Operator") and Five Star Entertainment(the Performer) for the hiring of Jerry Deleon & Southbound Band as independent Contractors which will provide services listed in this agreement. The performer/entertainment will render services for Operator at Mission Espada Hall. Venue Address is located at 11040 Espada Rd San Antonio, TX 78214.
It is agreed as follows:
1. Place, date, and time of Show. The parties agree that On October 10, 2015 at 6:00 pm services will be provided at Mission Espada Hall located at 11040 Espada Rd San Antonio, TX 78214.
2. Description of Services. Time: 6:00 pm - 7:00 pm Mariachi Music
Time: 7:00 pm - 8:00 pm DJ/Music requested
Time : 8:00 pm - 12:00 am Jerry Deleon & Southbound Band
3. Payment. Compensation for the Show will be dollars, payable by (together being the "Fee"). A 50% deposit of Fee is due on the signing of this contract. This is a required condition for the contract to proceed; if a 50% deposit of Fee is not tendered upon the signing of this contract, no further obligation for either party comes due. The remaining 50% of Fee is due immediately prior to Band's Show, but may be made earlier.
4. Cancellation. If full payment is not made by the time immediately prior to Band's Show, Show may be cancelled by Band, and Operator may not seek any damages. Cancellation may be made by Operator before two days prior to the time of Show, in which case Operator's 50% deposit of Fee is non-refundable, but Operator will not have to pay the remaining 50% of Fee. If Show is cancelled within 2 days of Show, Operator must pay Band's full Fee. Band may cancel at any time prior to ticket sales by Operator, in which case Band must refund Fee in its entirety.
5. Force Majeure. In the event Show cannot reasonably be put on because of unpredictable occurrences such as an act of nature, government, or illness/disability of Band, the 50% deposit of Fee is non-refundable, but no other portion of Fee is due, and the parties may negotiate a substitute Show on the same terms as this Agreement save for the time of Show, with no further deposit of Fee due, in which case a new Agreement reflecting this will be signed by the parties. No further damages may be sought for failure to perform because of force majeure.
6. Parking. Operator will secure sufficient parking for Band's within a reasonably convenient distance to Venue for a minimum period of 2 hours prior to the show and lasting until 1 hour after the show.
7. Sound Systems Check. A sound check conducted by Band of Venue's sound system is required, at a time to be mutually arranged between Band and Operator.
8. Severability. If any portion of Agreement is in conflict with any applicable law, such portion will become inoperative, but all other portions of Agreement will remain in force.
9. Interpretation. Agreement will be interpreted according to the laws of Texas.
The below-signed Band Representative warrants s/he has authority to enforceably sign this agreement for Band in its entirety. The below signed Operator's Representative warrants s/he has authority to bind Operator and Venue (above).
Signature of Band Representative: ____________________
Band's Representative typed name and title: Five Star Entertainment/Joe A Tabares Owner
Band's typed name: Jerry Deleon & Southbound Band
Operator's Representative Signature: __________________
Operator's Representative typed name and title: