it in Writing!
A written contract:
• clarifies the agreement
• leaves less room for misunderstandings
• provides tangible evidence of the intentions of the
parties if there is a disagreement
• is sometimes required for there to be an agreement
at all (such as a work-for-hire)
• is more likely to be enforced by a court
• should be created to summarize verbal agreements
Contract = Offer + Acceptance + Consideration
Offer = What the parties are going to do for each other (Buyer
hires Artist to perform for an event) Consideration = What
the parties are giving to each other (The parties agree on
Artist’s performance fee) Acceptance = Usually signified
by the parties’ signatures (Artist agrees to perform
for Buyer’s event)
Cover the Basics – Who, When, Where,
What, Why & How (Much)
Who are the parties to the contract?
When is the event?
Where is the event?
What are the specifications for the event? (Song requests,
attire, set up time, etc.)
Why is Artist playing this event? (Wedding, concert, etc.)
How (Much) will Artist be paid for the event?
Understand the Agreement
It is important to know what is in the contract you are signing
or presenting. Educate yourself about what the various clauses
mean and/or have an entertainment attorney explain/review/revise
the agreement terms. Entertainment agreements can be confusing
to even attorneys who are not familiar with entertainment
law, so you shouldn’t expect to understand everything,
especially in more complex agreements (i.e., management or
recording agreements). Beware of “form” agreements,
as each deal is
unique and forms usually require at least some modification
to fit each particular situation. There are no completely
“standard” agreements in the entertainment industry.
Typical Music Industry Contracts
Internal Group Agreements
Work For Hire Agreements
Mechanical License Agreements
Sample License Agreements
Publicity Release Agreements
Advisor Team Member Agreements (i.e., Manager, Agent, Attorney)