Standard for Live Performance
fair music standards for live performance (Version 1.0)
Contractual arrangements between artists and their managements or agents and local promoters
Preamble
• Contracts need to be worded clearly and be understandable
• Both contract partners have to deal fairly with each other
• Well founded variations of several standards can be decided by the licensing committee
Subject-matter of the contract
Has to include information about:
• Location (including physical address)
• Capacity
• Ticket prices
• Date of performance(s)
• Time of arrival of the artist/installation of backline
• Time of the sound check
• Entrance of audience
• Beginning time of the performance
• Minimum/maximum (if needed) performance time
• Curfew
Fee
Has to include information about currency
Alternatives:
• guaranteed fix fee
• Revenue share. The local promoter has to deliver a statement of the net ticket sales.
• Revenue share after break even. In this case the break even has to be defined clearly as part of the contract. All chargeable costs have to be listed by the local promoter.
• Combination of fix fee and revenue share
Not possible:
• No fee
• Payment by the artist for the performance
• Duty to purchase a certain amount of tickets
Payments in cash in the contractual currency to the artists have to be done after the performance; after closing of the box office and in case of revenue shares after adequate time for accounting (maximum 1 hour).
Optional: The local promoter can also transfer a part of the fee in advance.
Travel/accommodation/catering
Travel:
• In case of artist being on tour travel costs are not paid by the local promoter. The artists have to calculate their transport costs in their fee.
• In case of exclusive shows travels have to be paid and organized by the local promoter.
Accommodation:
• The hotel should be near the performance location
• The hotel for the artist has to be paid and organized by the local promoter.
• The hotel category has to be part of the contract.
• Extras (mini bar, telephone etc.) have to be paid by the artist.
• In case of late arrivals the local promoter is obliged to inform the hotel about the time of arrival of the artist.
• In hotels without reception the local promoter has to secure that the artist has entrance to the hotel.
• The check-out must not be before 12.00 am, breakfast should be possible until 11.00.
• The address of the hotel, the arrival and the location plan has to be delivered by the local promoter one week before the performance.
• If the artist travels via nightliner, the local promoter has to pay an adequate amount according to usual hotel costs.
• The local promoter has to organize a parking area for the nightliner including electric power supply.
Catering:
• At the arrival of the artist the local promoter provides coffee, tea, water and sandwiches, snacks, fruit etc. in the backstage area.
• A choice of cold drinks should be listed within the contract.
• Vegan and vegetarian catering has to be offered on request.
• A warm meal has to be offered in a restaurant nearby or backstage, an alternative buy-out is optional (payable in cash immediately after the soundcheck, amount: average costs of a warm meal in an average restaurant)
Technical equipment
The tech-and light-rider should be part of the contract.
The local promoter provides an adequate PA sound and light equipment including monitors and microphony, a team of technicians and stagehands.
The local promoter is responsible for the functional capability of the technical equipment.
The transport of the technical equipment (backline) and instruments of the artist has to be carried out by the artist at his own risk and costs.
Optional: Stage
The minimum size of the stage has to be fixed in the contract. The stage has to be horizontal and flat without unevenness and should be stable (no swinging). The local promoter is responsible for the security of the stage. In case of open-air performances the stage, technical and light equipment as well as mixing place have to be secured in case of rain and storm.
Promotion
The artist will provide the local promoter with promotion material with all rights cleared at no costs and immediately after signing of the contract.
The local promoter is obliged to credit the artist in all forms of promotion of the concert as customary in music business.
Sponsoring and political propaganda
If the performance is part of political propaganda or is sponsored by a third party and is subject to a publicity campaign the local promoter has to get approval by the artist.
Interference with performance of an obligation, liability, compensation
In case of cancellation of the performance caused culpably by the local promoter, he is still obliged to pay the complete artist fee. In case of a cancellation until one month before the performance he’s only obliged to pay 50% of the artist fee.
Both contract partners are liable for damages that are caused culpably or unlawfully, a liability for ordinary negligence is excluded. This exclusion comprehends also auxiliary persons of both contract partners.
In case of force majeure both contract partners are released of their contractual obligations. Both contract partners have to inform each other immediately in such a case.
Rights, licenses
The artist warrants to have the authority regarding to all rights necessary to fulfill the contract (e.g. copyright, neighbouring rights, performing rights). The artist shall indemnify the local promoter against costs the local promoter may suffer by reason of a 3rd party arising by reason of any breach of these warranties. The compensation for these rights is included in the artist fee. It especially includes rights on own compositions as long as they have not been transferred to collecting societies.
All taxes and dues of the event have to be paid by the local promoter. The artist is obliged to provide the local promoter with lists for reporting at the collecting society. The local promoter is obliged to register the performance at the local collecting society.
Recording
The performance may not be recorded (audio, video) without approval of the artist.
Merchandising
The sale of merchandise-articles at the location has to be allowed and facilitated by the local promoter before, during and after the performance.
Guests and free ticket
An arrangement regarding guest list and free tickets has to be made in an appropriate manner.
Other regulations
The contract does not give the local promoter any authority for instructions to the artist, but the artist adheres to the contractual times of performance and other organizational orders by the local promoter or his auxiliary persons.
The artist will leave the backstage area in proper form.
