At some stage during your wedding or corporate
entertainment decision making process, you will be required to sign
a contract or agreement. This may be with either a booking
agent, or directly with an act, entertainer, performer, band, dj
etc.
Make sure you read your contract or agreement carefully, and ensure
that you are getting exactly what you asked for. Be aware that there
are many custom made contracts in the market place, with variations
regarding cancellation and payment terms.
If an act or music agent does not have a contract of any kind, walk
away immediately. Whilst a contract is not the definitive solution,
it is far better to have something in print, just in case your agent
or act turns out to be un-reliable.
Magnet use only
industry standard APRA (Australian Performing Rights Association) agreements
(see below) when booking either wedding or corporate
clients, and always provide additional "booking
confirmation" and "booking acceptance" papers.
Once you have decided on the act, performer, entertainer, band etc.
that you want to hire, then you will need to fulfill your part of the
agreement. The items that you are fundamentally responsible for are:
Paying the deposit: This is usually approximately 10% of the total
fee, and is paid in order to secure your booking
Signing and returning the agreement: Some agents and acts do not consider
a booking to be secure, until their contract or agreement has been signed.
Normally, this is returned with your deposit.
Ensuring that you get what you asked for: This the most important part
of any contractual agreement, be sure to read the fine print.
Following up: Be sure to contact your act or booking agent at least
once, prior to your reception, function, or event. This will ensure
that everything is proceeding as planned.
Once you have decided on your act, entertainment, band, performer etc.
then your booking agent or act will be responsible for fulfilling certain
obligations. These are:
Organising contracts to be signed: Upon deciding which act you would
like to book, your act or booking agent will send you and agreement
to sign almost immediately.
Ensuring that all supplied details are accurate: The act or booking
agent needs to ensure that all your details are correct, including act
name, venue, times, location, deposit, account settlement amounts etc.
Collecting your money: The entertainment or agent that you book, will
need to be paid either prior, on the day/evening of the event, or on
the very next business day following the event.
Having a backup plan if something goes wrong: The act or booking agent
needs to have a backup plan if the act cannot perform for any reason.
This may anything from sourcing other suitable acts, to simply providing
a full refund. Be sure to check this out thoroughly.
See Also Music Agents
1. Unless otherwise arranged, the performer is to be paid immediately
after the performance
2. The employer (hirer), will obtain all necessary permits and consents
to the conducting of the function and all matters hereto and will comply
with all conditions imposed with the granting of any such permit or
consent and, in particular will ascertain and satisfy all requirements
of the police force as to police supervision during the engagement.
3. The employer will:
(a) Provide a proper number of attendants and stewards to ensure the
sufficient supervision of the venue and to prevent the entry of undesirables
and ensure proper conduct of the audience, the safety of the audience,
the safety of the performer
and the preservation of order and will ensure the performer is provided
with a safe and secure area in which to perform, if the performer in
his sole discretion considers that the area in which he is to perform
is unsafe because of lack of shelter from the elements including rain,
wind, extremes of heat or cold or other adverse weather conditions or
for any other reasons whatsoever, he/she may require that the employer
make that area safe or make available another area that is safe.
The decision on whether an area is safe for performance shall be solely
that of the performer. If the employer fails to make the area safe or
make available an alternative safe area, the performer shall not be
obliged to perform but his fee shall nevertheless remain payable
(b) Take all reasonable precautions to prevent any other person other
than the employer, his representative stage hands and other performers
from seeing the performer before and after the performance, if so required
by the performer
(c) Provide proper dressing room facilities if so required by the performer
4. The employer will provide access to sufficient
mains power outlets. Where normal power supplies are not available
the employer will provide a safe and properly supervised generating
system operated by qualified persons. He will also indemnify the performer
for a loss, damage or injury through any malfunction thereof.
5. Where any public address system, amplifier or instrument is provided
by the employer, the same will be of proper quality and in good working
order.
6. The employer will indemnify the performance against any loss, damage
or injury, actual or consequential of whatever kind arising wholly or
in part from the employer in complying with these conditions or from
any trespass negligent act or omission to the employer his agents or
any person under his supervision, direction or control.
7. The employer will be responsible for satisfying any demands of the
Australian Performing Rights Association in relation to any royalties
which may be claimed by the body
of music to be used at the performance.
8. The employer:
(a) may cancel this booking by delivery of written notice to the office
of the performer not later than sixteen (16) days before the date set
for the performance, where upon the employer will forfeit any deposit
paid
The employer will be entitled to his fee as specified here notwithstanding
any purported termination by the employer in any other matter
(b) The performer may cancel this booking for any reason whatsoever
by delivery of written notice to the employer not later that sixteen
(16) days before the performance
The performer may cancel this booking upon less than sixteen (16) days
notice for reasons of ill health and if requested by the employer will
produce a certificate from a registered medical practitioner certifying
that he is unable to perform for reasons of ill health
In any circumstance where a performer cancels this booking, any deposit
will be refunded to the employer
9. The liability of the performer to the employer for any loss or damages
suffered by the employer by reason of failure to perform otherwise than
in accordance with a cancellation pursuant to clause 9(b) or arising
from any breach of the conditions hereof or a negligent act or omission
of the performer in the performance of his obligations hereunder or
in the doing of anything related herein shall be limited to the amount
of the fee to be paid to the performer
hereunder or to the performer supplying the services again.
10. Payment of the deposit (if applicable) by the employer shall not
be a condition precedent to this agreement.
11. Where the fee to be paid to the performer is in any way related
to or connected with the amount of door takings of the function then
the employer agrees that the performers representatives shall be entitled
to station a person or persons at the entrance or entrances and further
that all such persons aforesaid shall be given reasonable access to
the records of the employer relating to the ticket sales and takings
of the function and that no ticket shall be given away or sold at any
other than the advertised price without the consent
of the performer or his agent.
12. Where the performer is a band
or group comprising more than one person the term "performer"
when used in this contract will mean the several members of that band
or group from time to time and references to the singular shall include
the plural.
Reference to the masculine gender shall include the other gender.
13. The performer when booked in a residency must notify the employer
of any change to the residency by giving written notice to the employer
at the address herein not later than twenty one (21) days before the
date of the scheduled change.
14. Dispute resolution - should a dispute emerge between the parties
to this contract concerning any matter arising from this contract the
following procedure will be followed:
(1) The dispute shall be discussed in the first instance between the
parties
(2) If unresolved, the dispute shall be discussed between a representative
of the M.E.A.A. and the employer (or his/her nominee)
(3) If the matter remains unresolved, that matter shall be referred
to the Australian Industrial Relations Commission
Stand Down - see the provisions of clause 7(m) of the award.
More Information
See Also Who is Magnet
Duo
See Also Band Agents
& Music Agents