If you’ve been in the entertainment industry for a while, you’re well aware by now of the importance of contracts and riders. Whether you are providing amusements, bands, fireworks, variety acts, tents, stages, or concessions, you are sure to understand the need for written parameters that provide a framework so all parties involved are on the same page. Let’s explore this in more detail.
Why do I need a contract?
An entertainment contract serves as more than just a confirmation of a phone conversation, handshake, or verbal agreement. It’s a legal document that lays out information about the special event, expectations of both parties, the specific entertainment details like show time and location and other things involved in making an event the best it can be.
Requiring all parties to sign a contract adds credibility to you and your business and allows discussion ahead of time that will lead to a better working relationship with your clients. It can also prevent payment delays, future disagreements, and confusion about expectations.
What should my contract include?
Having your own entertainment contract allows you to dictate the terms and conditions that will make your act the best it can be for each individual client/event. Consider conferring with a lawyer or other legal professional as you begin to create your contract and decide how best to protect your own interests, while also considering the interests of your clients. The contract terms and conditions should include:
*What service(s) are you providing and what is the price? Be specific.
*The number of stage shows/music sets, or hours of roving, you or your talent will be performing should be agreed upon and clearly defined in your contract.
*How many tents/chairs etc are you providing and is set-up/tear-down included in fee or extra?
*What is the location of the event and how early is load-in/set up?
*What is your cancellation policy? Do you allow rescheduling of your act?
*What is your inclement weather policy? This one is a big deal if you do outdoor events! (More on this below.)
*Do you require a deposit to hold a date for a client? What amount and how far in advance? Is it refundable for any reason?
*How do you prefer to be paid – on the day of the event or is a mailed check at the conclusion of the event acceptable? Who should the check be made out to? Be prepared to provide a 1099 if your client asks for one.
*If your client insists on using their own contract, make sure you read it in its entirety and understand all terms and conditions before signing. It’s perfectly acceptable to require that your contract and rider also be signed.
What about a contract rider? What is it and do I need one?
*An entertainment contract rider is a contract addendum that states more specific terms, set by you, that will allow you to perform your best on the day of the event. It is very important to make sure your clients have a copy, along with your contract. You can also choose to require a signature on your rider, as with your contract.
*A contract rider should clearly identify the items you need in order to perform (specific sound/lighting/staging, sound tech, hotel room) but can also include items of convenience that can be negotiated. These might include a dressing room, nearby parking, bottled water, meals, reimbursement for mileage, etc.
*For musical and other variety acts, a rider can be used to request access/rights to audio/video taken of them during their performance.
How to handle a rainout!
No matter how long you’ve been performing, at some point you’ve probably faced dreaded weather issues for some of those outdoor events! It’s inevitable, but still very frustrating. You obviously can not control the weather, nor can your client. But you must make advanced decisions for yourself or your artists as to what you’re willing to do in these unfortunate inclement weather situations. There are several things to keep in mind:
1. When a client books entertainment for their outdoor event, they are contracting with that artist for a specific day(s). Once the contract is signed by all parties, you as the performer are saving that date on your calendar specifically for their event and, in most cases, turning down all other potential bookings for that time period that you set aside for them. With this in mind, it is extremely important to include, either as part of your contract or your rider (or both) how you will handle rainouts. Keep in mind that all outdoor events/venues have the option of obtaining special event rain insurance which covers their expenses in case weather interrupts/cancels their event.
2. Outdoor events/venues are used to dealing with bad weather. Sometimes they are able to reschedule their concert or festival to a future date. But many times, the entertainment is unable to perform on that future date because of other commitments. It is imperative that you make clear in advance that if your act is canceled – in part or in full – because of bad weather, your client is still required to pay you in full in order to fulfill their contractual requirements. They signed your contract/rider with full knowledge that bad weather is a possibility. They are well aware of the risks and most have dealt with it many times. Remember, this is how you make your living – possibly full-time – and weather issues are out of your control. Furthermore, you’ve promised the client that you’ll be there on that specific day to perform and committed yourself to travel to their event, arranging your schedule around your special appearance for them.
3. You can expect that some clients in this situation will try to talk you into moving your performance to their future rescheduled date, using the same contract. What they’re asking you to do is agree to set aside two days of your schedule for the price of one day. And if you’ve already arrived at the event that ends up being a rainout, you’re being asked to drive there a second time on a future date for no additional compensation. Considering that the alternative “rain date” is still an outdoor event, what will you do if it rains out a second time? This is why contracts are so important. They give you something to fall back on. Without this type of rainout agreement, entertainers could not afford the risk of booking outdoor events/festivals.
