From: mrk@gvgspd.gvg.tek.com (Michael R. Kesti)
Newsgroups: rec.music.makers
Subject: Re: Performance Contracts  (rec.music.makers.biz ?)
Keywords: Generic, fill-in-the-blanks contract...
Date: 22 Nov 92 22:20:24 GMT
Distribution: usa
Organization: Grass Valley Group, Grass Valley, CA
NNTP-Posting-Host: gvgspd.gvg.tek.com

In article <1992Nov20.221109.6401@nsisrv.gsfc.nasa.gov>
                                           wes@ian.stx.com (John S.) writes:

>Just wondering where you use this contract.

Regardless of what others have said, in this area (Nevada County in Northern
California), contracts are rarely used when doing business with the established
clubs.  In fact, many club owners will not use a contract, and I've never
experienced any case of them wanting it this way in order to have a way to
rip us off.  This area consists of small communities in which we all know and
depend on each other, so very little happens to generate any bad Karma amongst
us.

In the case of private parties, we use a contract form primarily because the
people doing the hiring are not accustomed to it, and often do not know the
conventions and expectations involved.  The use of a contract helps prevent
misunderstandings.  For example, in the form I'll include here, we spell out
our stage and power requirements.  It's amazing the number of people who
think you can set up in a 4 by 8 foot space supplied by a single 18 guage,
non-grounded extension cord!

This contrract was written based on an article in the now defunct _GIG_
magazine, and much of the legalese is the result of their suggestions.



				CONTRACT

We, ________________________________________________________, represented
by _________________________________________________________, hereinafter
referred to as Representative and collectively hereinafter referred to as
Artist, do hereby enter into an agreement to provide live music and
entertainment with _____________________________________________________,
hereinafter referred to as Purchaser, on this date of __________________.

The musicians to be used in the execution of this agreement, whether they
have been yet chosen, agree to be bound by this contract and to render
their services under the direction of Representative.

Date of performance _____________________________________________________
Time of performance _____________________________________________________
Location of performance _________________________________________________
Additional performance details __________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________


In consideration of Artist's performance, Purchaser agrees to pay to
Representative the sum of $__________, consisting of a deposit in the
amount of $__________ , and a balance in the amount of $__________
to be paid immediately following the performance.


1) Purchaser shall provide an area for Artist to perform that shall be no
   smaller than 10 feet deep and 30 feet wide.  This area shall be level
   and constructed of concrete, wood, or other common building materials
   and shall have safe and convenient access to a minimum of 40 Amperes
   of 115 Volt, three wire (hot, neutral, and ground) electrical service.
   In addition, an area 4 feet deep and 8 feet wide shall be provided
   opposite this area for sound system mixing facilities. 

2) Representative shall, as agent of Purchaser, carry out instructions as
   to the music selection and manner of performance.

3) Representative shall at all times have supervision, direction, and
   control over Artist's services, and he expressly reserves the right to
   control the manner, means, and details of the performance to fulfill
   the entertainment requirements.

4) Artist's obligations are subject to detention or prevention due to
   illness, death, accident, strikes, labor difficulties, riots, civil
   tumult, natural disasters, means of transportation, acts of God, or
   other conditions beyond the control of Artist.

5) Purchaser shall be liable for any and all damage to Artist's
   instruments or equipment caused by Purchaser and Purchaser's invitees,
   customers, or employees or by the negligence thereof.

6) If Purchaser cancels this contract without the written consent of
   Representative prior to the scheduled performance, then any deposit
   made shall be forfeited, and full consideration shall be due immediately.

7) Purchaser, in signing this contract, acknowledges his authority to do so,
   warrants that he is of legal majority, and hereby assumes full liability 
   and responsibility for the consideration stated herein, plus any fees and
   costs (including attorney's fee's in the maximum amount authorized by law)
   incurred in collecting that consideration.

8) Purchaser must sign and return all copies of this contract, along with
   the deposit, to guarantee Artist's performance.

9) All parties agree that this contract is made subject to the laws of the
   State of California, and may be enforced in an appropriate court of law.


Representative's signature __________________________________________________
Date _____________

Purchaser's signature _______________________________________________________
Date _____________



-- 
============================================================================
Michael Kesti  Grass Valley Group, Inc. | "And like, one and one don't make
    mrk@gvgspd.GVG.TEK.COM              |  two, one and one make one."
    !tektronix!gvgpsa!gvgspd!mrk        |         - The Who, Bargain
Newsgroups: rec.music.makers