Artist Performance Agreements: A Legal Guide for Promoters and Musicians

Gigs, Glastonbury and Green Room antics

I personally enjoyed Sir Rod’s performance at Glastonbury. His voice is a little dubious at times but he still gives a great “performance”.

With the Oasis tour under way and so many other music festivals being promoted it seemed opportune to provide a little “head to toe” appraisal of some pointers for promoters and/or artists who might be putting together some deals.

An Artist Performance Agreement should be at the very top of the “to do” list. A deal can be struck on the basis of a handshake and “…we’ll do what we did last time..” basis. How is this going to play out if things go a bit off key?

Get legal advice.

I would say that wouldn’t I but honestly the implications for doing things incorrectly or without due regard for the pitfalls, can be too horrid to think about. Find a lawyer you can trust. Expect to have to pay a decent fee for properly considered advice and drafting or explanation skills.

The internet is a great source for draft documents of course but I have seen some absolutely terrible agreements that clients believe are satisfactory for their project and they turn out to be unclear, wrong in law and even unsigned and unenforceable.

Here goes then with a bunch of headliners. These are only bass line – get a lead from the lawyers (see what I did there?):

1. Parties

Who is the agreement made between? Get the names and identities right. If there are limited companies involved then be specific. If individuals, make sure you have clarity on name, position and authority to enter the agreement on behalf of say a band or promotions outfit.

2. Performance Details

Ensure the performance date, time, and duration are clearly defined to avoid disputes. Under English law, vagueness in contractual obligations can lead to unenforceability or misinterpretation.

3. Payment Terms

Payment terms must be specific and include deadlines. Services must be provided with reasonable care and skill, and payment must be made as agreed.

4. Expenses

Reimbursement clauses should be tightly worded to avoid open-ended liability. Consider capping expenses or requiring receipts if you are the promoter.

5. Technical Requirements

What equipment will be provided and by whom?

Technical riders should be annexed to the agreement giving very specific information. Musicians are very specific about the “kit” they use and will have their own usually but what if there is a hitch in the arrival of their gear…what type of mic does the lead singer want?

Freddie Mercury favoured the Shure 565SD for most of his career – imagine having to explain to him that you had a different microphone for him to use.

Failure to provide agreed equipment may constitute breach of contract.

6. Cancellation

Cancellation clauses must be fair and proportionate.

How much notice is allowed? What will happen to any deposits already paid? Will there be a cancellation fee due.

Unreasonable penalties may be unenforceable.

7. Force Majeure

A well-drafted force majeure clause protects against liability in the case of events beyond the control of the parties – extreme weather (likely in any British summer) or government-imposed restrictions – say for a foreign visiting artist.

8. Recording and Broadcasting

Performers have rights over recordings of their performances. Consent must be explicit.

Is recording going to be permitted (audio/visual) – by whom? Is a separate licensing agreement needed?

9. Merchandising

Merch is big business. Reports suggest Taylor Swift earned $200m from merchandise sales alone from her Eras Tour.

Who keeps what percentage from sales…is it assessed on net or gross figures?

Who will deal with the sales side of things – artist, promoter or a third party?

Merchandising rights should be clearly allocated. Ambiguity may lead to disputes over revenue and branding.

10. Insurance

Insurance clauses allocate risk. Under the Health and Safety at Work Act 1974, the promoter must ensure a safe environment for performers and attendees.

It is important to be clear on the value of insurance indemnities (the amount of cover). A typical baseline policy might have coverage of £3m for public liability Say an audience member trips over some cabling and suffers an injury. If there is negligence then whoever laid that cable is liable for damages. A £3m indemnity would typically cover it.

If there is a barrier collapse and say 20 are injured. Is cover sufficient?

11. Governing Law and Jurisdiction

You will generally want the laws of England and Wales to apply. The Agreement must be clear. If not, jurisdictional ambiguity may arise, especially if parties are based in different countries.

English courts encourage parties to resolve disputes without litigation. Including a negotiation clause demonstrates a willingness to settle and may influence cost awards if litigation follows.

Mediation or arbitration clauses can also provide for alternative dispute resolution options if the parties fall out

Encore

Technical Rider

The promoter should be clear on technical specifications and equipment if it is providing this to ensure the artist’s performance meets professional standards:

Here are some points to consider:

1. Stage Setup

• Minimum stage dimensions
• Clean, level, and secure flooring suitable for live music
• Covered stage area in case of outdoor performance

Under the Occupiers’ Liability Act 1957, the promoter must ensure the venue is safe for performers. A poorly maintained stage could result in liability for injury or damage.

2. Sound Equipment

• Professional PA system suitable for audience size
• Mixing console with appropriate numbers of channels
• How many stage monitors with independent mixes
• Microphones
• DI boxes for instruments as required

The sound setup must meet industry standards. If equipment fails and the artist cannot perform, this may constitute a breach of contract unless mitigated by a force majeure clause.

3. Lighting

• Basic stage lighting including front wash and backlighting
• Special effects lighting (e.g., strobes, colour washes)

Lighting should be agreed in advance. If lighting is integral to the performance, failure to provide it may affect the artist’s ability to deliver their contracted obligations.

4. Power Supply

• Minimum number of dedicated 13A sockets
• All power sources must be PAT-tested and compliant with UK safety standards

Faulty or unsafe power sources could expose the promoter to criminal liability.

5. Soundcheck & Access

• Artist shall have access to the stage at least 2 hours prior to performance for soundcheck
• Promoter shall ensure technical staff are present during setup and performance

Timely access is essential. If the artist is denied adequate soundcheck time, they may argue that the promoter failed to facilitate performance under the contract.

6. Backline Equipment

If the promoter provides backline gear, they are responsible for its condition. Faulty equipment may result in performance disruption and potential damages.

Green room

Hospitality Rider

The promoter usually agrees to provide hospitality arrangements to ensure the artist’s comfort and readiness for performance.

A common example of how important this can be to an artist is Van Halen’s request that in the M & M sweets the venue had to provide there should be no brown ones – he did this to check that the venue staff had thoroughly read the terms of the technical rider.

Here are a few suggestions:

1. Dressing Rooms

• One private dressing room for the performer, clean and secure
• Equipped with seating, mirrors, power outlets, and climate control
• Access to clean restroom facilities and showers

The promoter must ensure the premises are reasonably safe. Inadequate facilities may breach this duty and expose the promoter to liability.

2. Catering

• What meals will be provided
• Are there specific dietary requirements
• What snacks and beverages will be available
• Alcohol – can only be provided under appropriate licensing laws

3. Accommodation and transportation

Accommodation terms should be clearly defined – where, what quality, rooms/suites.

Pre and post-show transportation type, style, vehicles should be clear.

4. Guest List

Who will be on it?

Backstage and VIP passes – who will be let in and what areas can they access

How many complimentary tickets are to be issued to the performer

So here is a back of a beer mat summary:

• Clarity is king: Get an Agreement in place with precise language around performance obligations, cancellation rights, and pay.
• Get advice: whether you are drafting or being asked to sign an Agreement always consult a solicitor and get advice on your obligations and risks.
• Discrimination risks: Performance clauses must not disadvantage protected groups (e.g. due to disability or caregiving).
• Remedies: Injunctions and damages are available where performance rights are breached.

If you have a well drafted and well considered Agreement in place you can feel confident if you have to take steps to enforce it.

I can help you.

Here is my email: Adrian.samuel@jonathanlea.net

Image credit: Pixabay

This article is intended for general information only, applies to the law at the time of publication, is not specific to the facts of your case and is not intended to be a replacement for legal advice. It is recommended that specific professional advice is sought before relying on any of the information given. © Jonathan Lea Limited.