[The following is an example of a performance contract used for a concert.]
This rider (hereinafter called “the rider”) forms part of and is to be constructed with the Agreement between _______________ (the “Company”) and ________________ (the “Promoter”) dated ____________________ (“the Concert Agreement”) for the services of the band _____________ (“the band”) to perform at ________________________ (“the hall”) on the ___________________ (“the engagement”).
If there is any inconsistency between the provisions of the rider and the provisions of the Agreement, the provisions of the rider shall prevail. The rider and the Concert Agreement as amended by time provisions of the rider shall be hereinafter referred to as “the Agreement.”
The Company reserves the right to terminate the Agreement in the following events:
1. If the sound engineer, lighting director, tour manager, or any member of the band dies or becomes incapacitated for any reason;
2. If performance of any of the Company’s obligations hereunder shall render the band, Company, or Company’s employers or agents liable to civil proceedings; or,
3. If in the Company’s absolute discretion performance of the Agreement shall expose the band, any employee of the Company, or any third-party contractor hired by the Company to the possibility or death or injury or if the Company’s performance of the Agreement shall become impossible as a result of riot, civil strife, or any other event that renders the engagement unduly difficult to perform.
If the Agreement is terminated by the Company by reason of any of the above terms, then the Company shall refund to the Promoter any amounts paid to the Company pursuant to the Agreement, but the Company shall not be further liable in any event for any other loss or damage suffered by the Promoter as a result of such termination.
1. The band shall receive 100 percent sole star billing in all advertising in respect of the engagement. The Promoter’s name and the name of the venue in which the engagement shall be performed shall not appear on any ticket, advertising, or publicity larger than 20 percent of the size of print used in the band’s name.
2. If the venue has a marquee, then the name of the band must appear on such marquee on the night of each performance.
3. The Promoter will notify all radio stations’ traffic and accounting offices that all electronic media buys placed by promoters or advertising agencies for all of the band’s tour dates are to be treated as co-op purchase and payments. Piggyback or dual talent spots are unacceptable and will not be allowed for payment. The Company’s representative may contact each advertising station in advance of the performance.
4. All invoicing presented at settlement for payment must be original and must contain the following:
a) Gross, net, and commissionable or discountable amounts
b) A notarized affidavit of performance (through two days prior to event) stating dates run, times run, and contract rates
c) Co-presents packages detailed in letter form by a station official and notarized
d) An invoice number dated with band listed as the client
5. Agency orders will not be approved for payments.
6. Original tear sheets must accompany all invoicing for print advertising.
7. Radio station ticket giveaways or trades can be done only with the Company’s written approval. If this approval is granted, the tickets can be given only in exchange for spots on a one-to-one basis, that is, one hundred $10 tickets in exchange for $1000 in radio time invoiced. In this eventuality an original invoice from the participating station must be presented during settlement, along with the written approval confirmation and the complimentary ticket (comp) sheet from the box office.
8. Poster and/or flyer invoices are governed by above, and delivery invoicing must have location address where dispersed.
9. Approved radio spots are allowed for payment.
1. All permits, licenses, or authorizations of any kind required by any union, public authority, performing rights society, or any other legitimate third party shall be obtained by the Promoter at his/her sole cost, and the Promoter at the request of the Company shall furnish licenses to the Company. This requirement includes driving permits where necessary for the Company and its transport contractors.
2. It is of the essence of this Agreement that the Promoter shall use his/ her best endeavors to ensure that no audio or visual recordings are made of any performances undertaken by the band in accordance with this Agreement. If any representative of the Company becomes aware of professional audio or visual recording equipment being taken into the venue or used during the performance then he/she shall bring it to the attention of the Promoter, who shall immediately confiscate the equipment and eject the persons responsible from the venue. Failure by the Promoter to do this immediately upon request by the Company’s representative shall entitle the Company to terminate the performance immediately, and the Company shall be entitled to the full fee for the performance.
1. The band will perform one performance per day, and such performance shall be played without an interval.
2. The performance will last between 80 and 150 minutes, but it is acknowledged by all parties that the playing time is uncertain and will at all times be under the control of the Company. However, the Promoter will use his/her best endeavors to ensure that everything under his/her control is correctly arranged so that the performance can start on time.
3. All matters of performance production shall be controlled by the tour manager or his/her representative on behalf of the Company, and the tour manager shall decide the decibel level; however, the Promoter must inform the production manager of any local laws relating to permitted decibel levels or curfew times.
4. The band’s performance does not require a master of ceremonies or an announcer, and no such person shall be employed without the prior written consent of the Company.
5. All negotiations with union representatives, fire chief, police chief, hall manager, and any other authorities in respect to overtime or any additional payments must be completed by the Promoter at least one hour before the performance and the result of such negotiation conveyed to the Company’s representative.
6. The Promoter shall ensure that it is safe for the band to perform on stage. If any missiles that may endanger the safety of the band or stage crew are thrown onto the stage during a performance, then the band in its absolute discretion shall be entitled to terminate the show, in which case the Promoter shall still be liable for the full fee due under the Agreement.
1. No other act (“Support Act”) may appear on the same program without the prior written consent of the Company.
2. If a support act is used then the band shall have the first right to set up all instruments and equipment used in the performance, and such instruments and equipment shall not be moved or used by anyone other than the tour manager or production manager or anyone at their direction.
3. The support act shall not appear on any advertising without the prior written consent of the Company.
4. The band shall be entitled to a sound check for at least two hours before the official time of the opening of the venue doors to the public.
Payment of the guaranteed fee and percentages as set out in the Concert Agreement shall be made as follows:
1. Fifty percent (50%) of the said guaranteed fee shall be deposited with the Company’s agent as follows: ten percent (10%) upon signing the Agreement and the balance of forty percent (40%) fifteen (15) days before the performance.
2. The balance of the said fee and percentages must be paid by check upon settlement of the receipts and expenses (as set out below) on the day of the performance. If the tour manager so requests, part of or all of the balance shall be paid in cash.
With respect to performances for which the Company is being paid on the basis of a percentage, the following provisions shall be in effect:
1. The Promoter shall furnish to the Company’s agent not later than ten days before the scheduled date of the engagement a ticket manifest of the facility setting forth the number of tickets available in each price category. All tickets shall be sold in accordance with such manifest. The Company will have the right to approve all ticket prices.
2. It is agreed that the Agreement is computed on the basis of estimates for total expenses received by the Company from the Promoter. A list of these estimated expenses is attached hereto (Exhibit A), and no increase to these expenses will be allowed without the written approval of the Company.
3. The Promoter will provide the Company’s tour manager or his/her representative with a copy of the certified ticket manifest and a list of all show expenses actually incurred immediately prior to opening the box office on the day of the engagement. In a case in which ticket prices vary according to whether they are purchased on the day of the engagement or before, the Promoter will obtain different colored tickets for each type and price of sale. The Promoter will present to the representative of the Company a signed statement of the number and prices of all tickets sold in advance (prior to the opening of the box office on the day of the engagement), together with all of the unsold pre-show day tickets.
4. The Company’s tour manager shall have the right to check numbers of admissions and box office receipts at any time during or prior to the performance. The Promoter must produce all unsold tickets and a certified printer’s manifest at the end of the engagement for the tour manager’s (or his/her representative’s) inspection. All other tickets, except for those produced at the end of the engagement intact, shall be deemed to have been sold, and the Company shall receive payment at the highest ticket price in the venue accordingly.
5. All counterfeit tickets shall be the responsibility of the Promoter, and the Company shall receive the full percentage payment for any admissions that result from such counterfeit tickets. The Promoter shall provide a full written breakdown of the promotional costs (including advertising costs) with valid receipt for the tour manager’s (or his/her representative’s) inspection on the night of the engagement with a certified box office statement of the admissions, a photocopy of which and the breakdown of promotional costs must be sent to the Company’s agent within seven days of the engagement.
6. The Promoter warrants that all advance tickets will be available at list price and that if the Promoter has a booking office, the ticket for the engagement will not be subject to any booking fees.
7. The Company expects that the entire floor area in indoor shows be sold as general admission, standing only, and the Promoter must advise the Company at once if this is not the case.
8. A representative of the Company shall have the right to be present in the box office prior to, during, and after the performance.
9. Percentage payments provided for hereunder shall be accompanied by a written signed statement of box office receipts from the Promoter and shall be forwarded to the Company within three days of the engagement.
10. All drop stubs and unsold tickets shall be retained by the Promoter for ninety (90) days after the date of the engagement, during which time a representative of the Company shall be entitled to count and examine them and further the right to inspect the books and records of the Promoter so far as they relate to the engagement.
11. All percentage payments provided for herein shall be paid to the tour/business manager or representative of the Company prior to the performance.
a) Percentage payments will be accompanied by a signed written statement from the Promoter, together with a certified invoice for each expense incurred by the Promoter in connection with the production of the engagement. All expenses will be compared with the estimated expenses previously furnished by the Promoter, and all expenses in excess of those shown prior to the date of the expense will not be included in the expenses for this performance and will be the Promoter’s responsibility.
b) If the actual aggregate paid expenses relating to any of the costs contained in Exhibit A hereto total less than estimated, then the expenses used to compute the percentage fee will be the actual costs as established to the reasonable satisfaction of the Company’s tour manager (or his/her representative) based on the books, records, and paid bills maintained by the Promoter in connection with the performance.
12. If there is any assessment of tax by any taxing authority on the Company for moneys earned during the engagement, the said tax is to be paid by the Promoter. It must be understood and agreed that no deductions whatsoever are to be taken from the contract price contained herein or from any percentages earned hereunder.
13. Ticket prices and the number of tickets available in each price category must appear on the face of this contract. All tickets shall be printed by a bonded ticket printer or if the engagement is at a college or university, the official printing department of the college or university.
14. Any production fee as set out in the concert agreement shall be paid separately from and in addition to the performance fees set out in the concert agreement.
1. The Promoter shall provide the Company with a copy of the Promoter’s agreement with the hall and any additional documents relating to this engagement before the tickets are put on sale.
2. The Promoter may withhold from sale only the number of tickets set forth in his/her agreement with the hall. If the Promoter withholds any additional tickets for the hall, the Promoter shall be required to account for them as if they had been sold at the highest ticket price in the hall.
1. The Promoter will hold one hundred (100) complimentary tickets for use by the Company in locations requested by the Company. Should these not be used, they will be returned for sale to the public by 6:00 P.M. on the day of the performance, but no such tickets may be allotted from the first twenty rows.
2. Except as specifically provided above, the Promoter shall not distribute complimentary tickets nor permit the same to be distributed. The Promoter shall not, in any event, discount tickets as a premium, package, or series of concerts or performances or impose or permit to be imposed any service or handling charge on or in connection with the sale of tickets except and unless the Company shall grant prior express written permission, which it may refuse to do in its absolute discretion.
3. If people are admitted on the guest list, they shall not be entitled to enter with friends who are not named on the guest list.
4. The tour manager shall have the absolute approval of any “backstage list.” Exhibit B will be the only authorized form for this use.
The responsibility for the prevention of counterfeiting of tickets lies with the Promoter, and the Company shall not accept any loss in respect of such tickets.
All rights to the band’s merchandising rest with the Company, and the Company has licensed such rights to __________________. The Company or its designee will have its own merchandising crew at all performances, and the Promoter is requested to take all reasonable measures to ensure that these individuals are able to undertake the sale of the goods as advantageously as possible. If there is not an established concessionaire at the hall, the Promoter may not appoint one for this show. The Company or its representative will deal directly with the Promoter in connection with a fair site fee for the concession for this show.
Figure A1–1 Exhibit B. Guest list.
If any support act wishes to sell its own merchandise in the venue, then notice of its wish to do so must be given to the Company at least seven days before the engagement or engagements.
The Promoter hereby undertakes to use its best endeavors to prevent or stop the illicit or unauthorized sale of the band’s merchandise or any other merchandise (other than food and drink) inside or outside the venue.
PROMOTER’S EXPENSES, VERIFICATION, SETTLEMENT 
The Promoter will present to the tour accountant at 3 P.M. on the day of the engagement originals of all bills, receipts, invoices, rental agreements, sponsorship agreements, advertising copy, staff time sheets, local tax and copyright laws, insurance documents, and related materials that prove the costs of this engagement. All must be originals (copies will be made at settlement) pertaining to this engagement, naming the band and dated.
These costs must be only out of pocket expenses by the Promoter and must be on a most favored nation basis with each supplier. The Promoter agrees to keep the costs to an absolute minimum in relation to similar events. All staff costs must be justified by signed receipts by the individual, his/her superior, and the venue manager; time sheets; and previous show documents. All print advertising must have the detailed invoice, each individual dated tear sheet, and a signed affidavit (with the signee’s telephone number) from the publication manager confirming the rate charged and insertion details. All radio advertising must have a detailed invoice backed up by a signed affidavit from the station manager (with his/her telephone number) and a cassette tape of the spot. All expense items submitted must be net of any commissions to any party whatsoever. Any long-term venue rental agreement, related rates and cutoff conditions, and purchaser interests or shares in supplier companies or ticket agencies that add a booking fee must be revealed at this time. The final box office statement must be signed by the box office manager, the venue manager, and the Promoter. The tour accountant will use the documents to determine the percentage break figure, but the figure will be no higher than stated on the face of this contract. No damage deposits will be allowed as expenses. All expenses that are not properly verified shall not be included and will be the sole responsibility and liability of the Promoter.
10:00 A.M.
House seating plan
Printer’s manifest
Box office sales printout at 1 P.M.
Documents for advertising
Production
Catering
Insurance
Local tax laws
Local copyright laws
Hall rental
Staff proposed time sheets
Sponsorships and any other relevant documents
4:00 P.M.
Stubs of all sold tickets
All tickets available for sale
Vouchers for ticket exchanges
Comp list with seat numbers
Comp list for tonight
9:00 P.M.
Box office final statement
Comp lists plus uncollected tickets plus passes; ticket drop in packs of one hundred tickets
Deadwood (tickets that are unsold)
11:00 P.M.
Final staff documents