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Performance Agreement


Your Performance Agreement

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Performance Agreement Page of
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THIS CONTRACT (the "Agreement") made and entered into this ________ day of ________________, ________ (the "Execution Date"),


_________________________ of _________________________
(the "Client")


- AND -

(the "Performer")



  1. The Performer is a professional entertainer known as "_________________________".
  2. The Client wishes to engage the Performer subject to the terms and conditions as follows:

IN CONSIDERATION OF and as a condition of the Client hiring the Performer and other valuable consideration, the receipt and sufficiency of which consideration is acknowledged here, the parties to this Agreement agree as follows:

  1. Business Address of the Performer
  2. Any payments by cheque or money order should be made out to __________
    The Performer's business address is as follows:
    Address: _________________________
    Telephone: _________________________

  3. Business Address of the Client
  4. The Client's business address is as follows:
    Address: _________________________
    Telephone: _______________________

  5. Venue
  6. The place of performance (the "Venue") is located at:
    Name: _________________________
    Address: _________________________
    Telephone: _________________________

  7. Performance
  8. The entertainment to be provided by the Performer is generally described as ___________________________________ (the "Performance").
  9. Date and Time of Performance
  10. The Performance will consist of one show on the date and between the times indicated in the table below and the Venue will be available for set-up and sound check at the date and time also indicated in the table:

    Set-up Time and Date

    Date of Show

    Start Time

    End Time

    July 19, 2024

    July 19, 2024



  11. Payment
  12. In full consideration for all services rendered by the Performer at the Performance, the Client agrees to pay the Performer a fixed fee of $__________ CAD (the "Fee").
  13. Deposit
  14. The Client will pay to the Performer $__________ CAD as a deposit (the "Deposit") by July 19, 2024. If the Client fails to provide the Deposit promptly by July 19, 2024, the Performer may cancel this Agreement without further obligation.
  15. Performer Expenses
  16. The Performer agrees that the Fee is inclusive of all expenses, accommodations, holiday entitlements, traveling expenses to and from the Venue and covers any costs incurred by the Performer whatsoever, except as expressly provided in this Agreement.
  17. Payment of Balance
  18. Promptly after the last show on the final date of the Performance, the Client will pay to the Performer any outstanding balance of the Fee in cash, money order, certified cheque, or online payment.
  19. Cancellation
  20. The Performer reserves the right to cancel this Agreement without obligation upon written notice to the Client prior to July 19, 2024. In the event the Performer cancels the Performance under the terms of this section, the Deposit will be returned to the Client promptly.
  21. The Client reserves the right to cancel this Agreement without obligation upon written notice to the Performer prior to July 19, 2024. In the event of said cancellation, the Deposit will be returned promptly. Cancellation by the Client for any reason later than July 19, 2024 will result in forfeit of the Deposit. Cancellation by the Client later than July 19, 2024 will also require payment of any outstanding balance of the full Fee.
  22. Non-performance by the Client
  23. Those obligations of the Client required to be met prior to the Performance are conditions precedent which must be satisfied in full by the Client before the Performer is required to perform unless otherwise agreed to by all parties in writing. If the Client cancels or postpones the Performance, or any show comprising the Performance, without proper notice or fails to make any payment or fails to perform any other condition precedent as required by this Agreement then the Client will be in breach of this Agreement and the Performer will have no further obligations under this Agreement. The Client will forfeit any Deposit already paid to the Performer.
  24. Security Deposit
  25. The Performer will not be required to post a security deposit against any or all possible damage related to or arising from the Performance.
  26. Force Majeure
  27. Neither the Performer nor the Client will be held liable for any failure to perform its obligations under this Agreement where such breach is due to any of the following: acts or regulations of public authorities, labour difficulties or strike, inclement weather, epidemic, interruption or delay of transportation service, acts of God, or any other legitimate cause beyond the reasonable control of the Performer and the Client.
  28. Sickness and Accidents
  29. The Performer agrees to meet its obligations under this Agreement subject to legitimate incapacity by sickness or accident. Failure to meet its obligations under this section will result in the Performer returning any and all outstanding deposits to the Client.
  30. No Recording of the Performance
  31. Recording or transmitting of the Performance by anyone through any means whatsoever will not be allowed under this Agreement. It is the responsibility of the Client to enforce this provision.
  32. Exclusivity
  33. The Performer will perform exclusively for the Client throughout the actual period of services of this Agreement unless otherwise provided by the Client in writing. The Performer at the time of signing this Agreement will not be under any contract to a third party that might preclude the Performer from fulfilling the requirements of this Agreement.
  34. Indemnification
  35. The Performer is responsible only for its own conduct. The Performer will be compensated by the Client for any and all damage done to the Performer's equipment by the Client, its agents or guests. The Client indemnifies and holds the Performer harmless for any and all property damage or personal injury that results from or is related to the Performance that is not directly caused by the Performer.
  36. Permits
  37. The Client warrants and represents that it has obtained any and all permits, approvals, licenses and variances necessary for the Performance.
  38. Security
  39. The Client will take reasonable precautions for the safety of the Performer and the Performer's equipment during all aspects of the Performance and at all times while the Performer and the Performer's equipment is on the Venue premises. The Client is also responsible for ensuring that only the Performer and its designated technicians and representatives are allowed on stage or in the backstage area.
  40. Picket Lines
  41. The Performer will not be required to cross a picket line established by a labour organization at the Venue nor will the Performer be disciplined, or this Agreement be considered or deemed breached by the Performer, by reason of the Performer's refusal to cross such picket line.
  42. Governing Law
  43. This Agreement will be governed by, and construed in accordance with, the laws of the Province of Alberta. The Client and the Performer each submit to the jurisdiction of the courts of the Province of Alberta for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement.
  44. Covenant of Good Faith and Fair Dealing
  45. The Client and the Performer agree to perform their obligations under this Agreement, in all respects, in good faith.
  46. Miscellaneous Terms
  47. Time is of the essence in this Agreement.
  48. This Agreement may be executed in counterpart. Facsimile signatures are binding and are considered to be original signatures.
  49. No part of the Performance may consist of acts in violation of any local laws, codes, statutes, ordinances, regulations, rules or any other requirements including building and fire regulations. If the Performer violates this section, the Client may immediately cancel the Performance and this Agreement.
  50. The Performer's representative warrants that by signing this Agreement it has the authority to bind the Performer to the terms and conditions of this Agreement.
  51. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
  52. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
  53. This Agreement contains the entire agreement between the parties and cannot be changed except by written instrument subsequently executed by the parties to this Agreement. All negotiations and understandings have been included in this Agreement. Statements or representations which may have been made to the Client by the Performer, or to the Performer by the Client, in the negotiation stages of this Agreement may in some way be inconsistent with this final written contract. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
  54. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Performer's successors, assigns, executors, administrators, beneficiaries, and representatives, and the Client's successors and assigns.
  55. The Performer specifically warrants and represents that all copyrighted material to be performed has been licensed or authorized by the copyright owners or their representatives. The Performer indemnifies the Client for any copyright infringement and any expenses that may result from such copyright infringement during or as the result of the Performance.
  56. The Client will be responsible for providing suitable power and electricity for the Performance.
  57. It is the intent of the parties to this Agreement that the Performer is an independent contractor and will control the manner and means of the Performance. The Client will control the scheduling of the Performance. The Performer is not an employee of the Client. The exclusive nature of this Agreement is limited to the duration of the Performance and it is expected that the Performer will enter other similar agreements with other clients.
  58. Any notices or delivery required here will be deemed completed when hand-delivered, delivered by agent, or seven days after being placed in the mail, postage prepaid, to the parties at the respective addresses contained in this Agreement or as the parties may later designate in writing.

IN WITNESS WHEREOF the Client and Performer have duly affixed their signatures under hand and seal on this ________ day of ________________, ________.


WITNESS: ____________________
Address: ______________________
Occupation: ___________________


WITNESS: ____________________
Address: ______________________
Occupation: ___________________

Last Updated February 15, 2024

Written by

Reviewed by


Fact checked by

What is a Performance Contract?

A Performance Contract is an agreement outlining the terms and conditions of a live performance. This contract is created between a client and a freelancing artist or group. 

Clients may be individuals or businesses running a venue. Performers may be, for example:

  • Bands or musical groups
  • Solo artists or DJs
  • Dancers or gymnasts
  • Theatre actors
  • Comedians
  • Magicians
  • Poets 

A performer or client can use our Performance Contract template for private and commercial events to finalize a booking.

Why should I create a Performance Contract?

As with any business arrangement, it’s important that all parties agree with the terms of the arrangement. Though verbal agreements are legal, they are not easily enforceable. Parties in a verbal agreement can easily remember things differently if a future dispute occurs. 

A written contract is a more substantial, legally binding agreement as it puts all details in writing to clarify the client's and performer's responsibilities. Should any future dispute occur, having a document in writing will provide good evidence of what was actually agreed on at the time. 

Furthermore, it protects the client and performer. A client’s interests concerning scheduling, accommodations, cancellations, and liabilities are all laid out in a Performance Contract. As for performers, it creates stability for their scheduling and compensation while detailing their responsibilities for the performance dates, which is why many managers and agents require them upon booking a performer. 

When to use a Performance Contract

Often, performers are the ones to initiate the use of a Performance Contract. However, if a performer doesn’t initiate a contract, a client can bring it up to solidify the deal.

For example, suppose a company is celebrating the launch of a new product and hires a singer to perform. A Performance Contract can secure the booking and outline the terms.

To help with booking an artist, you can customize LawDepot’s Performance Contract for several kinds of events, including:

  • Corporate events
  • Live shows
  • Weddings
  • Parties
  • Birthdays
  • Reunions
  • Concerts

How to write a Performance Contract in 7 easy steps

LawDepot’s easy-to-use questionnaire helps you draft a Performance Contract in minutes. We provide the option of a short version contract for a minimal agreement to cover more informal shows, like an entertainer for a birthday party. Alternatively, a long version contract provides further details such as extended performance requirements and additional expenses. 

Once you choose your location and contract version, complete your agreement with the following steps:

1. Performer details

LawDepot’s Performance Contract template can be useful for group or solo performers. Fill in the:

  • Names (including stage names, if applicable) 
  • Group name, if applicable (e.g., band name) 
  • Contact details

You’ll then decide who will sign the contract, also known as the signing authority. The artist can have signing authority. Alternatively, a group leader or a business manager can have the authority to sign on behalf of a group or artist.

2. Client and venue details

Whether the client is an individual or a business, include a name and contact details for whichever suits the situation best. Most importantly, include the address and name of the venue. These will be details the performer needs for travel and preparation.

3. Performance details

Describe what kind of performance will be taking place to provide a clear understanding of what the performer must prepare and do on the day. Performance details will include how many shows there will be with the dates and times for scheduling.

4. Payment details

Payment details outline how much the performer(s) will be paid and any deposits required before the performance date. You can also include any overtime rates and additional expenses the client will cover (e.g., transport, accommodation, meals, etc). 

Some artists may have a business manager to negotiate payments if you’re looking at how much to pay a performer. Other performers may have set rates for their time or be part of a union for their profession. Unions they could be under include:

5. Performer and client duties

With our Performance Contract, you can create a more detailed list of performer and client duties for an event. You may specify the following:

  • Who is providing the light and sound system?
  • Will performers be allowed to sell merchandise?
  • Will the client be responsible for obtaining liability insurance?

Please note venues and clients are responsible for permits and ensuring that performances are not recorded or transmitted during an event. 

6. Cancellations and dispute resolutions

Cancellation deadlines and deposit refund dates benefit both parties. For example, it allows the client time to find an alternative and allows the performer to book another paid gig. Our questionnaire will prompt you to include cancellation details for both parties that fit your needs.

As you create your agreement, LawDepot’s template implements a dispute resolution clause should either party breach the contract. This clause contains options for mediation or going straight into arbitration.

7. Signing details

Choose a date for signing with the option to include a witness to be present. Though it’s not legally required, having a witness present is good practice. It adds to the formality of the signing and makes both parties focus on the decisions being made. 

Witnesses should be an independent person without familial or business ties to either party. If a future dispute occurs, the witness can be called upon to say that they did see the parties sign the agreement.

Is a Performance Contract legally binding in Canada?

Yes, when properly executed and signed, contracts are legally binding. The Quebec Civil Code, or the common law in the rest of Canada, governs the legality of a contract. LawDepot’s Performance Contract is customized for each province and territory to ensure your contract follows all the requirements of a legally binding agreement for your region. 

If either party breaches the agreement, we have included a dispute and resolution clause to determine when and how both parties will approach any issues that may occur—saving you time and money on any court and extensive legal fees.

Related Documents:

  • Band Partnership Agreement: Create an agreement to establish the rules for being in a band, including the rights and responsibilities of each member.
  • Consulting Agreement: Outline the contract terms in which a consultant offers their services to a client in exchange for compensation.
  • Independent Contractor Agreement: Write an agreement outlining the terms of a working relationship between an independent contractor and a customer.
  • Music Recording Contract: Create a contract determining the terms between a recording studio and an artist.
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Performance Agreement

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