Without a legally binding contract bands can be deceived into performing for free. This can sometimes happen even if a promoter has verbally agreed to pay.<\/p>\n\n\n\n Whilst verbal contracts are (in many cases) equally as valid as written contracts, problems arise when one attempts to overcome the burden of proof.<\/p>\n\n\n\n “Many people are not aware that verbal agreements are in many cases as legally binding as written contracts. Verbal contracts can be upheld by a court if someone decides to breach the agreement, although without written terms and conditions it may be difficult to prove.”<\/p>Contractsandagreements.co.uk<\/a><\/cite><\/blockquote>\n\n\n\n That said, the best idea is to have the promoter and the band sign a contract stipulating the agreements that have been made.<\/p>\n\n\n\n Most musicians find the best way to arrange gigs is via email. At least then, even if you don’t end up signing a contract, you have a written account of what was agreed.<\/p><\/blockquote><\/figure>\n\n\n\n A well-written contract should include the names and addresses of both parties, performance time, date and, most importantly, the agreed fee and when it shall be paid to the band.<\/p>\n\n\n\n Many bands feel that they have no choice but to rely on the word of a promoter, hoping they will receive the agreed amount at the end of the night. Most small venues and promoters choose not to bother with contracts as they see it as extra work, and may even choose not to book bands who insist on using contracts.<\/p>\n\n\n\n If you’re looking for advice on taking payment as a band, check out this LMM blog post<\/a>.<\/p><\/blockquote><\/figure>\n\n\n\n Despite this, it’s crucial that musicians insist on a contract to hold promoters and music venues to account should anything go wrong.<\/p>\n\n\n\n A good musician contract doesn’t need to be a lengthy legal document \u2014 it just needs to clearly cover the essentials. Here’s what every live gig contract should include:<\/p>\n\n\n\n It’s good practice to request a deposit when a booking is confirmed \u2014 typically 25\u201350% of the agreed fee. This gives both parties financial commitment to the gig and reduces the risk of last-minute cancellations. The contract should specify:<\/p>\n\n\n\n The easiest way to create a contract for a live event is to use the Last Minute Musicians contract creation tool. It’s completely free and super easy to use.<\/p>\n\n\n\n Try the free contract generator<\/a> tool.<\/p>\n\n\n\n The Musicians’ Union offers standard contracts for musicians that can cover both teaching and live performance. Read the MU’s advice on contracts for live shows on their Fees and Payments<\/a> page.<\/p>\n\n\n\n You can use these contracts as a template, adding in your own additional information and customising them to suit your circumstance.<\/p>\n\n\n\n The MU will also offer legal advice for any of its members with contract disputes. Contact your local office for more information.<\/p>\n\n\n\n The contract doesn’t need to be a long multi-page document, but simply a clear and concise document expressing the essential components of the agreement.<\/p>\n\n\n\n The contract should stipulate how long the performance will run for to the most precise degree.<\/p>\n\n\n\n For example instead of ‘the performance will run for about two hours’ a contract should be specific, for example ‘the performance will run from 21.30 \u2013 23.30’.<\/p>\n\n\n\n A pro forma invoice is a preliminary billing document sent in advance of a job being completed. It sets out the details of a transaction \u2014 including the services to be provided, the agreed fee, and any payment terms \u2014 so that both parties are clear before the performance takes place.<\/p>\n\n\n\n Pro forma invoices are particularly useful when performing for larger corporate clients, as the accounts department may need documentation in advance to process payment in time. They can also be used for quoting or customs purposes.<\/p>\n\n\n\n Unavoidable things can happen. Whether it’s a band member who can’t play the show or broken down transport, there may be a reason why the show must be cancelled\u2026 sometimes at short notice!<\/p>\n\n\n\n Cancellation terms need to be agreed by both parties and should be as fair as possible for both sides.<\/p>\n\n\n\n Whether it be extra money for travel costs, perhaps borrowed breakables from the promoter or a strict no swearing rule or specific curfew, unique aspects of a gig need to be indicated in a contract.<\/p>\n\n\n\n However small or insignificant, anything that may void the terms of the gig needs to be included in the contract. It’s critical that nobody is left assuming anything.<\/p>\n\n\n\n When a contract is broken, the first thing you should do is try to clear up what’s going on with the other party. Always try and deal with things by email, as then you have a written record of what is arranged and when.<\/p>\n\n\n\n Should that prove fruitless, take legal advice and proceed accordingly.<\/p>\n\n\n\n You can find lists of “Blacklisted” promoters by searching Facebook groups, just make sure to review the evidence condemning them before immediately turning anything down!<\/p>\n\n\n\n If you’re a function or wedding band, then there is a good chance that you’re working with at least one entertainment agent. They will generally have their own live contracts for both acts and clients to sign, but it’s important to review these carefully to double check for any mistakes or anything you aren’t okay with.<\/p>\n\n\n\n If you receive any contracts you aren’t entirely happy about, raise your concerns with the agency. You can also have them looked over by a legal professional or the Musicians’ Union.<\/p>\n\n\n\n Ideally, yes \u2014 even for small pub gigs. A simple one-page agreement protects both sides and reduces the chance of disputes over pay, set times, or cancellations. For larger events like weddings or corporate functions, a formal signed contract is essential.<\/p>\n\n\n\n Verbal agreements can be legally binding in many circumstances, but they are very difficult to enforce. If there is a dispute over what was agreed, it becomes your word against theirs. A written contract \u2014 even a simple email confirmation \u2014 removes this ambiguity and gives you something to refer back to.<\/p>\n\n\n\n If you have a signed contract with cancellation terms, you may be entitled to a cancellation fee \u2014 often a percentage of the agreed fee depending on how much notice was given. Without a contract, recovering any money is much harder. This is one of the most important reasons to always get things in writing.<\/p>\n\n\n\n This should be specified in the contract. If a promoter is lending you backline equipment (such as a drum kit or guitar amp), make clear in the contract who is responsible if it gets damaged during the performance. Similarly, if the venue causes damage to your own equipment, having this covered in writing makes it much easier to claim compensation.<\/p>\n\n\n\n Have you got any gigging horror stories? Perhaps you have a technique that ensures you get paid every time? Let us know in the comments below!<\/p>\n\n\n![\"Join](\"https:\/\/www.lastminutemusicians.com\/blog\/wp-content\/uploads\/2019\/01\/wantgigs.png\")
<\/a><\/figure>\n\n\n\n![\"Musician](\"https:\/\/www.lastminutemusicians.com\/how_to_get_gigs\/wp-content\/uploads\/2014\/01\/contract-1229857_960_720.jpg\")
<\/figure>\n\n\n\nWhat to include in a live gig contract<\/h2>\n\n\n\n
Deposits and payment terms<\/h2>\n\n\n\n
Contract generator tool<\/h2>\n\n\n\n
The Musicians’ Union<\/h2>\n\n\n\n
Contract Templates<\/h2>\n\n\n\n
The Musicians’ Union Standard Live Engagement Contract L1<\/a><\/h3>\n\n\n\n
![\"Musicians](\"https:\/\/www.lastminutemusicians.com\/blog\/wp-content\/uploads\/2017\/06\/word.png\")
<\/a><\/figure>\n\n\n\nBelow are some pointers on producing your own contract for a live gig\u2026<\/h3>\n\n\n\n
Ensure both parties have agreed to the essentials<\/h3>\n\n\n\n
Consider “Pro Forma” invoices<\/h3>\n\n\n\n
Terms of cancellation<\/h3>\n\n\n\n
![\"Band](\"https:\/\/www.lastminutemusicians.com\/how_to_get_gigs\/wp-content\/uploads\/2014\/01\/2e3ff8c.jpg\")
<\/figure>\n\n\n\nRemember to include anything unique about the performance<\/h3>\n\n\n\n
Dealing with bad promoters<\/h2>\n\n\n\n
Agency Contracts<\/h2>\n\n\n\n
Frequently asked questions<\/h2>\n\n\n\n
Do musicians need a signed contract for every gig?<\/h3>\n\n\n\n
Can a verbal agreement be used instead of a written contract?<\/h3>\n\n\n\n
What happens if a promoter cancels a gig?<\/h3>\n\n\n\n
Who is responsible for equipment damage at a venue?<\/h3>\n\n\n\n
Sources<\/h2>\n\n\n\n