Understanding and Protecting Your Rights in Venue Contracts
A Step-by-Step Guide to Understanding Your Rights
every industry needs a leader
•
empower the leader in you
•
every industry needs a leader • empower the leader in you •
When signing a performance contract with a venue, it's crucial to understand and protect your rights as an artist or performer. A well-drafted contract can safeguard your financial interests, creative freedom, and overall professional reputation. Here are some key considerations to keep in mind:
1. Clear and Concise Terms:
Read carefully: Ensure you understand every clause in the contract. If anything is unclear, don't hesitate to ask for clarification.
Seek legal advice: Consider consulting with an attorney specialising in entertainment law to review the contract and provide guidance.
Negotiate: If there are terms you disagree with, be prepared to negotiate and find mutually acceptable solutions.
2. Payment and Fees:
Guarantee: Inquire about payment guarantees, especially for advance payments or minimum fees.
Payment schedule: Understand the payment terms, including when and how you will receive payment.
Deductions: Be aware of any potential deductions or fees that may be withheld from your earnings.
3. Performance Requirements:
Setlist approval: Clarify whether you have control over your setlist or if the venue has input.
Merchandise: Discuss the sale of merchandise and any associated fees or restrictions.
Technical requirements: Specify your technical requirements and ensure the venue can accommodate them.
4. Cancellation and Force Majeure:
Cancellation terms: Understand the circumstances under which either party can cancel the contract and the consequences of cancellation.
Force majeure: Address unforeseen events, such as natural disasters or pandemics, and how they will affect the performance.
5. Intellectual Property:
Ownership: Clearly define who owns the rights to any recordings or content created during the performance.
Usage rights: Specify how the venue can use your likeness or recordings for promotional purposes.
6. Indemnification and Liability:
Indemnification: Determine who is responsible for covering losses or damages that may occur during the performance.
Liability: Understand your liability for any accidents or injuries that may happen on the venue's premises.
7. Dispute Resolution:
Mediation or arbitration: Consider including clauses for mediation or arbitration as alternative dispute resolution methods.
Jurisdiction: Specify the jurisdiction where any legal disputes will be resolved.
Additional Tips:
Get everything in writing: Avoid relying on verbal agreements. Ensure that all terms and conditions are documented in the contract.
Consult with industry professionals: Seek advice from other artists or industry experts who have experience negotiating performance contracts.
Be prepared to walk away: If you feel the contract is unfair or doesn't adequately protect your rights, don't be afraid to walk away and negotiate with another venue
Information published to or by The Industry Leader will never constitute legal, financial or business advice of any kind, nor should it ever be misconstrued or relied on as such. For individualized support for yourself or your business, we strongly encourage you to seek appropriate counsel.
