Live Performance Contracts

Great questions Dan. I’ve mostly made this decision by “feel” over the last thirty years, so I can only tell you what’s worked for me and you can take from this what seems right for your situation.

Bars – I really don’t rely on bar gigs for my living; I do them primarily for fun. Because of that, I just kind of leave it loose in terms of contracts. Usually an email exchange or series of Facebook messages suffices to remind both parties of the agreement, and I think we all learn pretty quickly to just avoid the few characters who aren’t going to abide by the agreed-upon deal.

Community Events, Festivals, Libraries, Historical Societies, and other Public Performances – I do use contracts in this case; two signed copies get sent to the organization that booked me, and they sign one and send back to me. I don’t require a deposit (too much to keep track of, and a hassle for the venue), but I do have a cancellation policy (see below).

Schools – I never use a contract for the gigs in schools that I do – I simply send a confirmation and invoice and I don’t require anything to be returned. After 2,000+ school bookings, I’ve never once been stiffed. They’re pretty reliable.

What do you put in your standard performing contract?

I can tell you exactly what I put in my contract. In fact, I’ll copy and paste the full text below.

To my mind, the most important thing in there is the cancellation policy, which protects me from a rogue cancellation on the venue’s part, and reassures the buyer that I’m not going to back out on them.

Live Performance Contract

Here’s the language I’m using in my contract, which I always print on my letterhead.

Feel free to swipe any – or all – of this:

PERFORMANCE CONTRACT

Today’s Date
Name & Address of Place of Engagement
Date(s) of Engagement
Type of Engagement (Here I would indicate what type of concert I’m doing, for approximately how many people, and the expected age range of the audience)
Hours of Engagement
Compensation
Purchaser Will Make Payments as Follows: 100% due on day of performance or before, payable to (your name)

SIGNATURES BELOW CONFIRM THAT THE PARTIES HAVE READ AND APPROVE EACH AND ALL TERMS AND CONDITIONS FROM THE FRONT AND REVERSE OF THIS FORM

PURCHASER
Full Name
Signature
Business Name
Mailing Address
City, State & Zip Code
Telephone

PERFORMER
Same info as under “PURCHASER”

SPECIAL NOTES: Confirmed with (name) on (date) – thank you (name)! Please sign one copy and return to me to hold the date. Concert posters, performer photos, press release and other promotional materials available for download at daveruch.com. (I’ll also put any other notes here that I’ll need on gig day, such as information on who is providing sound system, indoors vs. outdoors, “venue is celebrating 100th anniversary,” or “funding is from XYZ Local Corporation.”)

ADDITIONAL TERMS AND CONDITIONS – this is printed on the reverse side of the contract

1. The purchaser, in signing this contract himself, or having same signed by a representative, acknowledges his (her or their) authority to do so and hereby assumes liability for the amount stated herein.

2. Cancellation by the purchaser after (fill in the date of your choice, usually 1-2 weeks after the date you’re sending the contract) of any engagements listed in this contract will require compensation of 50% of the total agreed upon compensation as a cancellation fee ($XYZ in this case – print the exact amount they’ll owe ).

3. The performer may not cancel this contract except for proven inability to perform due to sickness, accident, acts of war, acts of God or other legitimate causes beyond their control.

4. The purchaser shall be responsible for all musical equipment and sound equipment used by the performer in his performance in the event of fire, proven theft, riot, or any damaging occurrence other than normal wear and tear or damage caused by the performer.

5. Any and all conditions are to be made prior to signing this agreement and shall be stated herein. This contract and the terms and conditions contained herein may be enforced by the purchaser or by the performer.

6. It is agreed that this contract shall not be binding unless signed by both parties.

That’s Pretty Much It!

Not the sexiest topic, but definitely an important one. I’d love to hear how everyone else is doing it – the “Comments” section is below.

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About The Blog

Since leaving a white-collar marketing job in 1992, Dave Ruch has been educating and entertaining full-time in schools, historical societies and museums, folk music and concert venues, libraries, and online via distance learning programs.

Along the way, he’s learned a great deal about supporting a family of four as a musician.

The Educate and Entertain blog provides articles, tips, encouragements, and how-to’s for regional performers (in any region) interested in making a great full-time living in the arts.

Please Post Your Comments

125 Responses to Live Performance Contracts

Hi Dave,
Thanks very much for the excellent contract information. I have a question. We have a gig coming up at a school for kids with special needs. (It’s a preschool, ages 3 to 5). They have decided to divide the students in two groups: one that is high functioning and more communicative and the other comprised of students that are lower functioning and perhaps not as responsive. We have songs planned for the high functioning group that are more interactive and upbeat. I thought with the low functioning group we could do music that is slower and more calming (as suggested by venue). Would you have any suggestions based on your experience? Would it help to insert a simple story between songs?
Thanks in advance for any feedback. (I guess I’m a little anxious). Thanks again for your help.
God bless,
Carlos

Hi Carlos – my experience with special needs populations has been fairly minimal, and always with large chunks of time between these opportunities, so it’s always been a “make your best plan, see what happens and adjust on the fly” approach for me. That said, it’s always been a rewarding experience.

I am a Living History Actor(Solo). Host is requesting to film my program and use it for those who are unable to come to the live performance. They want to video my performance and show as often as they need. My concern is that this will go on YouTube or some other outlet without receiving any monies from it and with my critique of the video. I do not want this to occur, I need the right words to convey this in a professional manner. This is coming up a lot since the COVID. I thank you for the privilege of your time,

You are perfectly within your right to have a “no video or audio recording” policy. The way I handle this is that I have pre-made a video recording of each of my shows so that I can control any requests to use a recording at a later date. I provide access to the video for a specific number of days and then it disappears. I don’t allow any venues to video record my shows in their entirety.

Why do some promotional companies have a policy that stresses that the band doesn’t play anywhere else 4weeks before and after third appointed gig?
Britain

I think it is proportional to the proximity of other performance venues in the area. If a promoter promises you a particular payment for a gig and they are depending on your act bringing in a paying crowd, the venue wants to be assured that the band hasn’t been heard in the area for a month. The bigger the name of the band the less this will happen in some cases as in say; Billy Strings can do several nights in the same location and sell it out every night. Usually the venue doesn’t want the act to play within a radius of “X” miles beforehand. The promoter would obviously have to guarantee big $$$’s for a band to agree to that.

Hi Dave! Thanks for contract info. Quick question – why would you make the purchaser responsible for your gear if you have it properly insured? It’s very affordable and they cover your gear while at gig and during transport to gig. Would like to hear your thoughts on this. Thank you!

It’s just something I choose to do, Nina, in the event that whatever happens to it is NOT covered by my insurance.

Hi Dave, Thanks for the contract info. My wife and I retired to Phoenix 2 years ago and have an acoustic/electric duo. We play occasional bar gigs, outdoor city events, assisted living facilities, and private parties. We market ourselves through a web-based marketing group and have recently been asked to play an outdoor wedding and an outdoor birthday party. Do you consider those to be covered in your “other public performances” category? I’m wondering if I should have a contract for those events. I am also considering taking a deposit to lock in the dates. Thanks for your valuable feedback! Bruce

Hi Dave,
You have covered most all of the bases in your live performance contract. I usually add set duration and stage/weather cover requirements for outside gigs to include sun protection.
Thanks for all you do in helping out the musical performing community with advice!

Thanks Jerry. I think of those as something I discuss with the venue when booking the show, but you’re right, doesn’t hurt to put it in writing.

Hi, I added this to my contract (never really needed it, but one can hope): The following, if needed, shall be covered in a Rider to the Contract: advertising, billing prominence, right of musicians to sell recorded music or merchandise, complimentary tickets, press or radio interviews and pictures, dancing, stage setup & size, stage hands, sound man, sound system, overnight accommodations, meals, transportation, lighting, box office statement, etc.

Hi Roland,
Would you mind sharing what you have in your Rider.? You brought up some very interesting ideas I hadn’t thought about.
Thanks

Hi Dave
My question is when I book a venue, I check the weather and radar for storms coming in ( Atlantic and Chesapeake Bay Maryland Delaware) I contact the venue telling them about storms that are come up the coast, look at the radar…., Looking ugly just saying , so guys travel set up and here comes the storm power out flooding Equipment getting wet and nobody’s showing up because they see the weather and they know it’s going to be a crappy night band paid for gas tolls etc …. the venue waits and then calls it or they wait 4 hr and give me the na or ya
Not getting paid after I told them what was going to happen. What do you think should happen? Should band get something? The try reschedule nothing on books !?
Lisa

Weather contingencies need to be covered in your original Contract.
If you have a “no refund for Weather Issues” policy stipulation then the Purchaser cannot seek a refund if there are weather issues as you describe; they can try to take you to small claims court or if you are using an AFM single engagement contract your Local AFM union office.
If you do have a “no refund for Weather Issues” policy in your contract, and the Purchaser signed it, you will still need to document the weather conditions, with screen shots from Accuweather, video of your attempts to load your van and/or drive in the terrible weather, and if you arrive at the venue, the terrible weather conditions at the venue (and possible absence of attendees). Also if the Purchaser has a website where they canceled due to weather, grab a screenshot of that.
The key to having your band partially covered for the loss of the gig, is to have a “no refund for Weather Issues” clause within your Contract. Absent that, you are at the mercy of the Purchaser for getting any money out of this gig.

Lisa – you need to be very clear about this up front in your contract. Simply state what YOUR policy is about weather contingencies – don’t leave it up to the venue and/or the day of the show to make that call.

Question: For a music festival, could you give us an example of what a cancellation policy would look like from the festival producer to the artist? Do artists have to pay money to the festival if they cancel?

There’s too much I don’t know here to give any kind of answer, Brody. Feel free to describe this in more detail.

Thank you Dave for the how to on a contract. Its everything I need for my family reunion entertainment. I’ll check your website for a y singing you’ll be doing.
Cheers!
Mona

I do mine a bit differently, Dave. I ask for a non-refundable, 50% deposit up front, to ensure the gig is for real, and for their comfort in knowing we’re committed to performing, cause I have seen bands pull out at the last minute, when a better offer pops up, which is of course, not very professional. And I have seen clients just change their minds at the last minute, if they’ve not got some skin in the game. As for cancellations, I write that if they cancel close to the date of the gig (usually two weeks, unless it was booked close to the date), they are required to pay the full amount, unless due to an “act of God”, and that if we should have to cancel, for any reason, their deposit would be refunded. So we are still compensated at least partially, if it falls out, as it may not be so easy to book a new gig at the last minute, and they are assured, they’ll not end up paying if we can’t perform… And for those who’ve had events cancelled at the last minute, if it is worthwhile, you can go to small claims court, especially if you’ve turned down other jobs. I once saw a wedding band bring such a case on the old People’s Court, and Judge Wopner ruled in the band’s favor…

Judge Wopner! Thanks for that Steven – I like your approach with the full amount due for a last-minute (within a few weeks of the event) cancellation.

Great article for the current situation our world is in. So, in the case of COVID-19 going around, is this considered an extenuating circumstance where the client would get a full refund back?

In my contracts is has an “Acts of God” clause and my understanding is that under a situation like COVID-19, it is beyond anyone’s control, and the performance of the contract is impossible to carry out, thus no compensation is due and deposits would be refunded. The only possible way around having to refund a deposit is if your hours of work prior to the event date were listed in the contract separately from the work provided on the event date, in other words, if I meet with client to provide music ideas, a month beforehand, i should get paid for that hour at the time I meet with them, and not put that work at risk of being refunded for event cancellation.
I’ve had multiple event cancellations March into April for which I did spend time in advance with planning, however I did not contract those events, thus I am at the mercy of the contractor to obtain payment for time I’ve already spent (for future events which are now canceled).
But I am not a lawyer– so I hope some entertainment lawyer can weigh in and offer a better idea of how Acts of God clause works, for events with preparatory time already spent, the deposits, and what amount would need to be refunded.

I think we are in somewhat uncharted waters in that regard, Ricky. Personally, I will not be holding anybody responsible for virus-related cancellations of my work. I am certainly encouraging people to reschedule.

Thank you for the reply, I have had 8 cancellations so far, and I predict more to come. I hope things get better….

Hello, Dave! I ALWAYS get a deposit (unless it’s a school). My performance agreement states that the deposit holds the date (another reason for them to get the deposit to me ASAP) and locks both of us in (keeping me from switching to a more lucrative offer). I had one instance, a long while back, where I didn’t get a deposit. I showed up at the venue and there was no one there. It had been cancelled and they didn’t notify me. The icing on that cake was I had turned down several other potential gigs for that same date. I feel it would be VERY difficult (and somewhat awkward) to extract a payment from a client when I never performed my show.

Hi Dave,
Could you explain more about the logic behind 50% cancellation? For me as an independent contractor, I am often booked 6 months out. And to reserve a date for a venue, I often have to turn down other work. So if a venue cancels, I have lost potentially more than even what I contracted from them. I tend to ask for 100% of my fee no matter what, but interested to hear how you arrived at 50%.

It’s a good question Adriana, and it’s arbitrary for sure. I too am booked 6-12+ months ahead in many cases, and I do turn down work in the process. I guess I stick with 50% because it’s never once happened to me where a venue cancels very close to the date and I can’t get anything else together. And if they DID cancel with such little notice, I would simply not work with them again unless there was a very compelling reason for the cancellation. But I don’t at all disagree with the way you do it.

Great advice Dave. I’m also encouraging clients to reschedule. If that’s not possible, I’m asking if they have other events (summer/fall) that they might be able to book me for. Today’s discussion has been focused primarily on contracts and what to do with cancellations. Should we still be contacting new prospects for summer/fall bookings like summer reading programs at libraries, summer camps, outdoor festivals? If the current health crisis does not improve, summer & fall bookings might go right out the window as well. Here in NJ, all schools in the state are required to close down starting on Wednesday. I’ve noticed some libraries are suspending all programming until further notice. Part of me thinks I should still do outreach for new bookings, while the other part of me says I should not. After all, I don’t wan’t to come across as being an insensitive jerk during these challenging times.

Dave, what about rights to record? Have a friend that has gotten hassled about his recording footage from a venue owner. He says that he has first dips to all of the recorder’s footage before he himself could post it. It doesn’t seem like there was any prior agreements. I’m not sure how much power a venue has on other people’s footage and intellectual property when it was filmed at their venue.

Yeah, that’s a good question Jake, and I don’t have a good answer for you. Maybe somebody else will chime in…

American Federation of Musicians contracts specifically prohibit the recording of audio and/or video for any reason, because such recordings may be subject to re-use without just compensation to the musicIans who performed. Electronic re-transmission of artists work must always be compensated and there are specific recording contracts with specific fees associated with each re-use. These restrictions would apply whether it is a live performance, or an edited recording studio performance.

Is it normal for a booking agent to ask me to pay a deposit before arriving and receiving my compensation?

Jason, that sounds like a scam artist! Never, ever should the performer have to send money to the venue, or a booking “agent” before playing a gig! If anyone asked me to do that I would (depending on the circumstances) probably report it to law enforcement. Sounds just like those emails where they claim you have a long-lost relative and if you forward 500 bucks they will send you all the details.

Jason, I have used an agent for one specific customer. Yes, I pay a percentage for the agent’s work i.e. securing the gigs and invoicing the customers. I pay his 15% fee AFTER the customer provides me a check for the performance. I DO NOT GIVE THIS AGENT A DEPOSIT BEFORE RECEIVING MY COMPENSATION. This sounds like a ripoff to me and would NOT do any business with this agent.
I have more than twenty years experience playing music for a living. I hope this helps all.

No. That’s not normal. Anybody who requires you to pay anything up front is not operating in a professional manner.

I send all my contracts via email. They can print them out, sign it and scan it back. We are always “on the road” as we live full time in a 5th wheel. Having to deal with regular mail is a pain. Some of the people can print it out but they don’t know how to scan it back. They usually know how to take a picture with their phone so I just have them take a picture and text it to me. Works great and so much faster then regular mail.

Hey Carol – yes! We’ve been using the “take a Smartphone photo and email or text it” solution in our office too. Works great.

In the contingency portion of my contract (wedding music) I have something like “if i’m unable to perform due to condition beyond my control, 70% is refunded to client”. My client wants to change it to 100%, yet they’ve already given me the 50% deposit. I know there’s some grey area here, “what ifs”, & I’m not sure where I got the 70% precedent. I only see in your contract that the musician can’t cancel, but what if you had a debilitating accident on the way to the gig…& maybe 1/2 the band showed up to play?
🙂

Its a good question Kristin. Seems like the kind of thing that would need to be worked out on a case by case basis. As I client, I would be reluctant to sign on to the 70% clause.

Hi Dave, Just wondering if you or anyone else on this forum has begun to receive postponements or cancelled bookings due to the Corona Virus. Just had a school cancel an assembly on me this afternoon. Going forward, I’m thinking about putting a clause in my contract to cover a situation such as this. I’m also thinking about requiring a 50% deposit after booking a gig. This way, if the gig is outright cancelled, at least I’ll still be able to make some money. Your thoughts on the whole situation.

I suspect it doesn’t matter what a contract would have in it since there are over-ruling laws about “Acts of God.” I’m not a lawyer, however, I suspect something like COVID-19 would be covered under “Acts of God” provisions such that if the entire contract is cancelled, any money exchanged it would have to be refunded because it is neither the Performer nor the Purchasers fault — it is an “Act of God” whereby that contract is impossible to fulfill. And yes I have had almost all my March contracts canceled, and am not getting paid (except for some rehearsals where we did provide our professional services as contracted, but the performances were canceled, and negotiations are underway for partial payment). I don’t believe there is any way for performers to get paid when there is a pandemic like we have now. Only salaried employees get paid, if they have a bucket of benefits such as paid Sick & Vacation Time.

One way to make your Contract fit the situation, is to include a breakdown of actual operating expenses– such that each gig includes an “overhead fee” which is never refundable, or, a Leader fee, or whatever you want to call it.
In my Contract I simply make it a little vague, on purpose, since some of my gigs are way more “Leader-heavy” literally making me so glad the gig is over because of all the time I spent getting it all together….while all my Side musicans show up and get paid the same as ever! Sigh.
So I believe my Contract says if anyone is unable to perform the refund to client is directly proportional to that musician’s actual pay. Yes, on some gigs, I pay my sides less if there has been a ton of work for me in advance. Maybe only 10 bucks less, but that hardly compensates for all my extra work on some gigs. Also many clients will tip everyone $20 cash and sometimes that really hurts to see the Sides getting that extra, when they did not do any of the prep work. So I have to price my gigs right from the start, to include as much pay (or contract language) as I feel is fair for all my prep work. And believe me the prep work is key, especially for weddings! Other events, not so much, it all depends. Know as much as you can about the gig, the venue, the music style, BEFORE offering a firm price. Best to give a price range.

I you can’t do the gig, I don’t see why a client would agree to only getting 70% of their money back. If part of the band showed up, and were able to still provide some semblance of the music the whole band would have done, you could probably negotiate an amicable amount. If it’s just one person, like you only have three people, when a four-piece band was booked, sometimes they won’t care, sometimes they would, and some adjustment would then be made. But again, if the band can’t perform, I don’t know why anyone would be happy with only a partial refund. 40+ years in this and I’d never, ever heard of something like that… Best advice is to put yourself in their shoes, and think about what would seem fair, from their perspective.

Dear Dave,
Have you ever experienced the following situation? My band was performing at an outdoor concert, and the weather was extremely hot (real feel about 98 degrees). I have one guy that is 76 years old, and he helps me the most to set up, tear down, etc. After the gig, he suffered from the heat, became very weak, and vomited. We had to call the E.M.S. It was all about the heat for him. My question is, has anyone or you placed a clause in the contract about a band making a call not to perform if the heat reaches a certain point (or the real feel temperature)? I’ve heard of concerts being cancelled because of the heat, but I was not sure if this is normal procedure to place a heat clause in a contract. I would truly appreciate your advice about this matter. Sincerely,
Lynne Henry
The Swing Shift Orchestra

Yes, I do have a “weather issues” clause in my contract. Basically it says the music performance may be adversely affected including interrupted or cease due to weather issues, and there is no refund made for weather issues. We also don’t automatically reschedule or start later, waiting for a storm to pass….however there have been some smaller gigs where hail or tornado in the area meant, what the heck—nobody is going to want to head out anyhow, and since we did not have any commitments after that (which might not always be the case) we just stayed inside with all the guests.
For all our outdoor gigs, there is a requirement that the client has an indoors backup location, as well as shade provided. Of course, it can get difficult to have to tell the client, We are too hot to perform, however, you have to be prepared to protect your health & gear, and if the client is totally adamant that you MUST perform outdoors, despite the extreme weather, be sure you have witnesses, take screen shots, photos, i.e. evidence to back up your claim that it is really terrible out there. Be as nice as you can be, but do not risk your own health just because the client might be disappointed. Remember they will be even more disappointed if they(possibly) get an Emergency Room bill, so you are actually being “proactive” by having weather issues covered in your contract, AS WELL AS, documenting the conditions that day, and if you feel the client is going to be disappointed, turn your cell phone on voice record & document what you say as you tell them it is just too extreme to perform. Nobody can control the weather, but we can control how much risk we are willing to expose ourselves and our equipment. If someone wants us to be outdoors with our gear, for their event, it is their responsibility to provide a safe indoors location, and if there is extreme heat, which becomes a medical emergency as happened to you, the client should be compensating those bills. Sometimes the venue has a requirement for all vendors to carry health insurance & liability—however your own contract can stipulate that the client is responsible for things like extreme heat causing illness, since the 76 year old would not have been exposed to the extreme heat except for being hired to provide services for the client. Clients can also purchase event insurance which might cover them in the case of claims for one of their vendors getting extremely sick from the weather. It all depends on the policy. Maybe put that into your contract, that the client has to purchase event insurance, or specifically cover damages to your band (people as well as gear). You can take all the precautions possible, and someone might still keel over….so it’s best to insert some language into your contract which makes the client aware, don’t take chances with extreme heat (or even extreme wind, cold, etc or activities near the water or on a boat). Much easier to address all of that in your contract, than to suffer a loss, and later on try to obtain compensation from the client!

Thank you so much for this extensive advice about a weather clause. You also enlightened me about event insurance. I never knew such a thing existed. I thank you for taking so much time to write all the information about how you handle weather issues.

I always take “environment” into account when booking gigs. If something is outdoors, then if it’s during daylight hours (which can mean into the evening during summer), there must be a covering, unless it’s just a one hour concert hit, but even then, no covering can mean a brutal sun, so I would charge more. And if it’s outdoors, some sort of contingency in case it rains, either we still get paid, or it’s moved to an indoor location. And if they want us to play outdoors in the winter, a simple no suffices.

I am helping a band in getting a summer tour together with different venues. Do I need any kind of certification or license to make a contractual agreement?

Dave,
Thanks for the article as always — very helpful and timely too! (Unfortunately, a venue just ‘flaked’ out on me, I learned this week — though a rare occurrence, still best avoided. Thus far, I have generally only required contracts beyond certain $ amount — and not so much for lower paying gigs). Do you ever find yourself juggling your schedule in order to coordinate a double/triple/quadruple-header (multiple venues) within the same day? For instance, let’s say you book Venue A on day 1 at 2pm, and then Venue B (an hour away) wants to book you at 2pm (impossible!). Venue B insists that their ‘concert series’ schedule is not flexible — take it or leave it. Do you then contact Venue A (even though you’re already booked with them — and let’s say they’ve even signed the contract/etc) and ask them –pretty please– ‘is that time-slot flexible at all’? If you do so, and they say, “why, yes and we can move it up to 11am if you like…”
–what happens to the old contract (that says 2pm) ? Any ideas on how to handle this sort of scenario? Thanks!

Hey Gladius – now we’re really getting into the weeds. I love it! I have OCCASIONALLY gone back to an existing booking to see if there’s any flexibility in order to accommodate another request, but I guess I’ve largely shied away from doing this, as I like to be as easy and hassle-free to work with as possible for the people that hire me (so they’ll do it again). I don’t think there’s any real harm in putting a feeler out though, and if things were re-arranged, I’d usually send them a new confirmation or contract with the adjusted time on it just so there’s no confusion later. Would love to hear how others handle this.

Thanks, Dave.
Sounds like your school-gigging experience has been pretty reliable even without the contract! Unfortunately, I have a had SEVERAL libraries that recently tried to cancel on me:
I’d send a confirmation email only to have it bounce right back(!); I’d call the venue only to find out that the person who ‘booked’ me (or so I thought) had been fired the day after I was ‘booked’ (the conversation was all email, so it was documented, but still…).. The new librarian (successor) would say “I’m sorry but we don’t see your program on the calendar…” Needless to say, I am now working overtime to implement a system and COLLECT each and every signed contract (now required for all of my library gigs– seems to be more of a problem with libraries for some reason…) Contracts seem to be mandatory in the library-gigging business at this point, but I was wondering whether deposits are worthwhile ( I currently request deposits if it’s over a certain threshold $, but don’t require them — must say, nobody ever tried to cancel on me AFTER paying a deposit! — at that point they’re committed.) On the other hand, I can relate to what you said — they are an extra hassle to keep track of (not to mention the accounting $ factor). Regarding the library contracts, you say you don’t require deposits; have you ever had libraries try to cancel on you?

Yikes, sorry to hear about the cancellations. I do send contracts to libraries and ask for a signed copy back – once they’ve signed it, they are responsible for a 50% cancellation fee. But I don’t ask for a deposit, and I don’t believe I’ve ever been “cancelled” on. Luck of the draw, I suppose.

Perhaps I’ll try that method. Do you give them a deadline or otherwise have any particular system in place to ensure that contracts are collected in an orderly manner?
(Sometimes, it seems to take quite a while and I feel a bit too dentist-like at times (as if pulling teeth) before actually receiving those completed contracts….not sure what hold up might be, although I realize it’s often one person who books you and another who signs the agreement.. any idea?)

I don’t have a real good method for that Gladius, but I often say something like “please sign and return one copy to me to hold the date.” The implication is that the date isn’t really theirs until I get their signed contract back. Maybe that helps a little bit (or maybe not).

Another thought about this subject, is to be careful about inadvertently modifying a contract in an email…. Do a search on “is an email a contract” to read more. Depending on how iron-clad you want to be, you might want your contract to include some stipulation, “the terms of this contract may not be modified by emails” or something to that effect. This is because courts have viewed email discussions as literal contracts. I’m not a lawyer but just from a bit of issues surrounding re-negotiating some event details, came to realize the need to be very specific about what the scope of your work actually is. For example if someone hired me for their wedding, next year, and then 6 months from now I find out they expect me to accompany their cousin to sing a special song in the middle of ceremony….and to do so would require oodles of hours custom arranging the parts for string quartet….this is now in my contract, that our group is performing as its own group, unless other artists are specified on pg 1 and appropriate sheet music, rehearsal space and rehearsal time is provided by purchaser.

Thanks very much, Dave ~ quite helpful!
I’ve always just had the venue send an email with the basic time and place and fee, but this is better, of course!