New and Classic Rock -N-Roll Michigan Style
MsBehavin' has been around long enough to know how the game is played. That's why we always insist on using a performance agreement contract. It not only keeps the bar owner to his/her word and keeps us sane and professional.
If you're of getting screwed by the bar owners (not all owners are out to screw ya') ~ simply cut and paste this handy dandy contract into word and you have yourself the legal tools needed to fight back. Just remember to keep your end of the deal and be professional and timely with your breaks and not get too plastered to play.
Standardized Performance Agreement
This agreement made as of ___/____/____ by and between the parties identified below.
In consideration for the following covenants, conditions, and promises, the Employer identified below
Agrees to hire the below identified Artist to perform an engagement and the Artist agrees to provide such performance services, under the following terms and conditions.
This agreement for performance services is entered into by the musician(s) known as:
(Now referred to as Artist)
(Your Band Name Here)
And employer known as
(Bar, Club or other type of establishment's name goes here)
(Now referred to as Employer)
Employer hires musicians on the terms and conditions set forth in this contract,
Name of Musicians
Place of engagement __________________________________________ Date(s)____________________
(Place)
_______________________________________________ ____________________________________
Street Time (AM/PM)
_______________________________________________ ____________________________________
_______________________________________________ ____________________________________
City / State / Zip Number of Sets and duration
_______________________________________________ ____________________________________
Phone #(s) Type of Engagement
_______________________________________________ ____________________________________
Guaranteed Fee Wage & Deposit
________________________________________________ ____________________________________
Deposit Amount / Date to be paid Percentage (specify how it is to be calculated gross/ net of ticket sales, /door/ bar, etc.)
Additional Terms and Conditions
Sound check – The set up and sound check time with full access to stage and P.A. equipment on the date of the performance shall be at: __________ (AM/PM)
Security – Employer will provide sufficient security so that no unauthorized persons will have access to the stage area or back stage area. The band will provide names of persons or guests authorized to be backstage. If security backstage passes and/or laminates are to be used, a representative of the Artist will supply to the employer a photocopy of the pass system to be used for the performance per the terms and conditions of this agreement. Employer shall be responsible for any theft or damage to the equipment of Artist that may occur during the time the equipment is located on Employer’s premises.
Transcription – No performance and /or this performance shall not be recorded, video tapped, reproduced, transmitted, or disseminated in or from the place of engagement in any manner or by any means what so ever in the absence of specified written agreement with the Artist.
Promotion and Production – Employer shall be responsible for all matters pertaining to the promotion and production of the scheduled engagement, including but not limited to venue rentals, security, and advertising. Employer agrees to promote the scheduled performance(s) and will use it’s best efforts to obtain calendar listings, feature articles, interviews of the Artist, reviews of the performance and Artist’s records in all local print, radio and television media.
Merchandising – Artist shall have the option to sell CD’s, books, and / or merchandising material at the performance and shall retain the proceeds of such sales.
Free Tickets - ____________ free passes/ tickets shall be provided by the Employer for the band.
Insurance – Employer agrees to retain any and all necessary personal injury or property damage liability insurance with respect to the activities of Artist on the premises of Employer or at such other location where Employer directs Artist to perform. Employer agrees to indemnify and hold Artist harmless from any and all claims, liabilities, damages, and expenses arising from any action or activity of Employer or Artist while Artist is rendering the contracted services except for claims arising from Artist’s willful misconduct or gross negligence.
Cancellation – In the event that Employer cancels any performance less than five (5) weeks before the date of such performance, Employer will pay Artist, as liquidated damages, one-half of the guaranteed fee. In the event that Employer cancels performance less than two (2) weeks before the date of such performance, Employer will pay Artist, as liquidated damages, the full guaranteed fee agreed to be paid for such performance. The agreement that musicians perform is subject to detention by sickness, accident, riot, strikes, epidemic, acts of God or other legitimate conditions beyond their control.
Disputes – In the event any dispute arises under the Agreement that results in litigation or arbitration, the prevailing party shall be paid it’s reasonable attorney’s fees and costs by the loosing party.
This contract and any attachments or riders incorporated herein, shall be governed by the State of Michigan Law, may be modified only by signed writing, and is binding and valid only when signed by the parties below, and Artist has received the deposit (if required) specified no later than __________ (date).
___________________________________ ______________________________________
Artist Employer
Date: ______________ Date: _______________
__________________________________ _______________________________________
Title Title
Please keep one (1) copy of this Agreement for Artist and one (1) copy for Employer.
Contact MsBehavin'
For booking info or if you would like to receive email updates for future events just send an email to map1430@shianet.org with your preferred email address and we will add you to the list or call 989-288-0116.