How To Master Artist Booking Agreements: Your Complete Template Guide

What is an Artist Booking Agreement?

An artist booking agreement is a legally binding contract between performing artists and event organizers or promoters covering the terms of performance at a venue. The agreement should contain provisions that address additional topics including performance fees, technical needs, rider requirements, cancellation policies, and more. In essence , an artist booking agreement is the contract between the artist and the promoter once the artist accepts the offer to perform at a specific time and place.
The entertainment industry depends on agreements to protect artists and event organizers. A properly drafted artist booking agreement underscores the importance of having an enforceable contract that outlines the terms of a performance. Both parties should consider the value of having everything in writing and removing ambiguity. For example, in the event of a dispute, the performance agreement will be the first document presented to a court to establish the relationship of the parties. An agreement that is incomplete or unclear places the entire contract into question which may result in much more than a card room ratification and recap meeting.

Artist Booking Agreement Key Terms

As you begin to put the pieces of your business together, you’ll find that having a playbook is essential for maintaining cogent and consistent relationships with all relevant parties, particularly in the execution of contracts. For example, an artist booking agreement is just one of the tools through which you can ensure a smooth and successful collaboration with the hosting venue, but what are the key components of this type of contract? Master contracts are periodically updated, so I recommend signing up for a newsletter through an online music industry site or resource to stay current on changes in the law relative to the music industry, while also checking back with this blog to glean important details every couple of weeks. The following details are a few critical components that should absolutely be included in an artist booking agreement:
You want to make sure you’re being compensated for your time and effort, and this means defining payment terms early on in the process. You need to confirm exactly how much the hosting venue will pay, when they will pay by, and how they will pay. For example, if the amount will be paid in installments, what are the intervals? This means negotiating the specific provisions of the artist booking agreement, which is critical to the overall success of your business arrangement.
Next, it is crucial to talk about the exact details of your performance, including items such as the venue type and size, length of set, anticipated encore, and audio/visual/media requirements. You will also need to determine when is the best time to set up in order to avoid conflict with other possible live entertainment.
This type of clause is critical to include in order to protect yourself and your team from last minute cancellations that will likely take months to reschedule. For example, if the venue does not receive the anticipated ticket sales, there exists a possibility that they might want to just cancel entirely the evening of the performance. It is important to have an ‘out,’ and ideally reimbursement for expenses, in the event that tickets do not sell.
Riders are an equally important element, and it is imperative to have them in place to cover everything from technical aspects of the show and stage manager and drummer needs to food extents and merchandise sales. Finally, once all the terms of the artist booking agreement have been discussed it is imperative that it is reviewed by an attorney well experienced in this area before it is signed.

Advantages of Using a Booking Agreement Template

For many artists and venues, having a standardized booking agreement template is key to ensuring both sides are on the same page. A good booking agreement template contains all of the essential language for your typical gig, so you don’t have to spend an inordinate amount of time writing customized contracts for each performance. On the flip side of things, using a booking agreement template can benefit you as an artist in that it will usually include legal protections unique to your performance needs or industry in your jurisdiction.
In addition, a quality template will help ensure consistency in contract language from venue to venue, and protect both parties with clearly defined language regarding pre-performance deposits, post-performance payouts, equipment provided by both parties, and any other fringe issues that can sometimes be overlooked. In short, a good booking agreement template can make the whole process a whole lot easier for both you and the venue.

How to Make Your Own Concert Booking Template

Once you’ve got a good, solid booking agreement template on your hands, the hard work is done, right? Well, not entirely. Terms will always need to be tweaked depending on the unique circumstance of every individual booking. But generally speaking, you can achieve most situations using one of two customization methods, both of which should be applied to your booking agreement template. First, you could have a different template for each type of show or gig that’s in your repertoire. If you’re an artist with a particular sound that doesn’t cross genres very often, then this is probably a great way to go. What you’ll end up with is an array of templates that address each kind of venue, audience, payment model, etc. you anticipate working with. This way, every time you sit down to book a gig, you’ve got a customized template that’s close enough to get you started, with only a few details to fill in. Secondly, you could personalize your booking agreement template on an individual basis. This is ideal if you play a broad range of shows, spanning quite a few genres, and frequently differ payment models or have special requirements. In that case, you can simply create a generic template with your general terms, then add or remove details for each new show. This helps ensure you have a solid agreement in place, covering your basic needs, no matter the nature of the gig. Ultimately, how you customize your template depends on you. The best method is the one that leaves you feeling confident when you sit down to write the gig contract. That said, having some kind of process is better than none at all, especially when it’s as straightforward as the two above.

Common Booking Agreement Mistakes

The term "artist booking agreement" is used generously in the industry and can be a catch-all for nearly any agreement under which an artist’s services are being acquired by someone else. As broad as it may be, however, there are certain conventions that apply to artists of all sizes that must be taken into account when contemplating the use of an artist booking agreement. When drafting agreement provisions for consideration by or on behalf of an artist, there are a few common mistakes that I see over and over again.
Perhaps the most common error is that the artist booking agreement fails to reflect that it is an arm’s length commercial transaction. Since the majority of deals in the music industry involve artists who are being represented by a manager, lawyer, or agent, it is important to bear in mind that the deal is between professionals and not between family members or friends. It is also important to analyze the terms of the deal being offered by the buyer, whether that is the tour promoter, festival, venue, or producer. If the terms of the deal are not at least close to the range of industry standards, it is very possible that the buyer is merely testing the waters, and has no real intent to book the artist. Conversely, if the terms of the deal are "too good to be true," meaning that they fall outside of the range of standard terms for artist bookings, it is incumbent upon us to ask why. Is the buyer’s net worth limited? Are they a startup who need an artist hit to help promote the buyer’s brand? Have they experienced difficulty booking artists within your genre previously? Could the buyer potentially be considered a direct competitor with the artist? These are questions that I always ask when confronted with an offer that is either too good to be true, or well below standard terms, as it may reveal the buyer’s more ulterior motives.
Another common error I see is that artist managers and attorneys will simply lift a form from the internet that has not been drafted specifically pursuant to the specific facts and circumstances of the deal being contemplated . Many of us use "form" agreements as a starting point, but invariably, the agreement will require negotiation and amendment, and almost always require the addition of deal points that are specific to a particular artist or circumstance. One of the biggest errors I see in revising form agreements is when the "artist" or "seller" is replaced with the name of the particular artist being represented, without changing the legal entity to which the agreement is being entered. For example, if the form of the agreement appearing on the internet refers to "John Artist," the manager or lawyer who is revising the agreement may change "John Artist" to "The Fantastic Band, LLC" (an LLC that John Artist happens to own), but fail to change the recitals to include the photograph and other identifying information of The Fantastic Band, LLC. The recitals are almost always highly relevant, and will set forth the purpose of the agreement in the early paragraphs of the deal. Without the recitals, it would be difficult to figure out the identity of the artist, and the circumstances surrounding the deal as intended by the parties. This is one of my "pet peeves" and the point I try to convey to my clients and prospective clients early on in our working relationship.
A third error I frequently see is when the artist booking agreement is silent about critical terms such as: (i) ownership of audio and audiovisual recordings; (ii) ownership of artwork (such as t-shirts); (iii) ownership of likeness and other exploitable rights; (iv) accounting periods; (v) payment of commissions; and (vi) the ability of the buyer to deduct fees and expenses from amounts otherwise due to the artist. Rest assured, if a particular term does not appear in the artist booking agreement or rider, and is important to the buyer of artist’s services, it will likely be included somewhere in the contract rider. While it is impossible to anticipate every possible provision that could or should be included in an artist booking agreement, there are terms that are developed over time and adapted for use with, or by, most artists.

Legal Issues with Artist Bookings

When it’s time to actually schedule an artist’s performance, there are a number of legal considerations that are important to keep in mind in order to properly record the terms of the engagement and limit liability.
The Artist Booking Agreement with any artist will be subject to the jurisdiction (legal authority) in which the concert, festival, show or other event occurs. If you hire a West Coast swing band to perform at the New York State Legislature, and the band with two New Age artists fails to show up, the legal authority for the events that unfold from the Agreement is New York State law.
You will want to confer with an attorney in advance of signing the contract to determine what state and federal statutes would apply if a dispute arises in the agreement between the parties. Obviously, if you are successfully sued for breach of contract or any other theory, the dispute will likely end in whatever state has jurisdiction over the cause of action. If the band fails to show up for a gig, the artist will be liable to the other for specific damages that would include ticket refunds and potential loss to event sponsors or other damages sustained as a result of a breach of the agreement.
Some booking contracts will include language dictating that the service provider, or person or company hiring the artist or artists for the event, will indemnify (financially protect from loss) the artist. In other words, if the service provider’s negligence or want of care causes damage to property or harm to persons at a venue, the service provider will indemnify the artist from all expenses associated with the damage or injury. On the other hand, you may also see similar language in an Artist Booking Agreement protecting the person or company paying for the artist’s appearance from liability for any acts of willful misconduct or negligence on the part of the artist. In sum, the person who hires the artist will want to be protected from any willful acts of negligence by the artist or group, and the artist will want to be protected from any actions of negligence or want of care on the part of the person or company ordering the artist’s services.
In some cases, you might find an Artist Booking Agreement containing language requiring either party (artist or booked service provider) to abide by some method of alternative dispute resolution, or ADR. ADR includes arbitration and/or mediation. In our example above, if the band and the person who hired the band cannot resolve a conflict under the provisions of the Artist Booking Agreement, a judge or jury will be asked to determine the liability for any problems that ensue. If the band and the service provider would like to instead submit to some form of ADR, the booking contract requires only a bit more detail. You must specifically include the dispute resolution mechanism and process by which you and the artist agree to handle any disagreements or conflicts between you and the artist. You will also decide whether you want to include language dictating the state and federal courts where any disputes will be settled, or arbitration, as well as the specific state and federal laws that will apply to the contract. For example, you might include the following sentence into your Artist Booking Agreement: "Any dispute between the parties arising from this contract shall first be submitted to mandatory mediation in the State of New York, County of _____. If the dispute is not resolved, then any claim shall be submitted to binding arbitration in the County of ___________, State of New York, under the rules of [rule-making organization], provided that all damages claims shall be limited to [damages limitation]."

Where to Get Valid Artist Booking Agreement Templates

A variety of reputable online platforms offer legally vetted artist booking agreements. Websites like LegalZoom or Rocket Lawyer provide customizable contract templates, along with guidance on how to fill them in. These platforms offer a broad range of legal documents, ensuring that you can find an appropriate template for the musical genre and type of event you are working with.
In addition to the aforementioned resources, there are many music industry-specific legal requirements that need to be accounted for when writing a contract for an artist. The American Bar Association (ABA) Section on Intellectual Property and Entertainment Law , dedicated to various sectors of the entertainment industry, provides relevant resources useful for drafting contracts. Other associations and academic institution-affiliated institutes focus on the presentation and distribution of music as a part of the industry. The Music Business Handbook, written by Jeffrey P. Guzman and Patrick P. Garvin, is a tremendous resource for artists and their agents in facilitating the booking of a concert.
If a template is not available to fit a particular need, there are many reputable, industry-specific law firms that specialize in music and the arts. These firms provide access to industry experts and sample contracts to aid the artist in the booking process.