Contracts
What is a Contract?
- An enforceable agreement between two parties
- An agreement in which each party agrees to give up something in
exchange for something else (i.e. one party gives up service or
performance and one party gives up money)
- Legally binding and can be settled in a court of law
We have contracts to protect ourselves and our clients
(performers, speakers, etc.) and to provide a document giving clear
understanding of expectations. Contracts also help to serve as a
record of what was said or promised and assure a legally binding
agreement between two parties.
Examples of contracts may include bands, DJs, comedians, hotels
for dances, or equipment and instrument rentals. When discussing
details with an artist or agent, try to make sure you have at least
the following information:
- Contact information for the artist or agent
- Sponsoring Organization
- Type of event (lecture, concert, dance, etc.)
- Location
- When they will arrive
- Start Time
- Deposits are not allowed
- End Time
- Agreed Cost, form of payment (if by check, a completed W-9 is
needed and available in PuLSE, AU 101), and due date
- Any items being provided for the guest (transportation, meals,
housing, sound, lights, stage, etc.)
If the artist/agent provides a contract, be sure to:
- Check the basic information to make sure it matches your
needs
- Make sure you can provide everything on the contract and rider
such as food and technical requirements
- Look at clauses which seem to be only in their favor
- Remember that almost any item in a contract or rider is
negotiable
- Be up front with the artist and tell them if there is something
you cannot do or provide
At Butler University, only PuLSe staff can sign a contract with
any outside non-Butler vendor. However, it is a good idea to look
over any contract and make changes or suggestions. If you have any
questions or need assistance during this process, Programs for
Leadership & Service Education (PuLSE) in 101 Atherton Union
can be of help.
Basic Contract Process Definitions
Acts of God - Gives organizations a way out of
the contract if disaster occurs.
Addendum - A document that is in addition to
the contract.
Agent or Artist Representative - A person who
has the power to make commitments on behalf of an artist. This
person is someone other than the artist.
Agreed Cost - The cost that your organization
and the artist/agent or artist representative have agreed your
organization will pay to bring the artist to campus. This number
should not include items such as transportation, dinner or hotel
costs unless you are reimbursing the artist for these costs.
Artist - A person your organization wishes to
bring to campus. The artist may be a number of things: speaker, DJ,
musician, poet, etc. This word may be used interchangeably with
Performer or Provider.
Assignment - Means the contract is between your
organization and the Provider only, and no part of the agreement
can be sub-contracted out to some other Provider.
Cancellation - Clearly defines conditions that
must be satisfied if the event is cancelled or the contract is
breached. Make sure to set deadlines for payment or non-payment of
the contract for both parties. Include clauses for cancellation
such as advertising costs, rental fees, and other purchases that
become the other party's responsibility in the event of
cancellation.
Contract - A binding agreement between two
parties to provide a service at a specific price. The contract may
also include items such as dinner, hotel and transportation, which
are not part of the monetary amount you are paying the artist.
Please remember that a contract is a legal document and is legally
enforceable.
Contract Rider - A document that is in addition
to the contract. Usually contains requests of the artist for
hospitality or equipment needs. Some contract riders may seem a
little large and contain items that you are not sure you can
provide. Don't let this intimidate you- most contract riders are
heavily edited prior to being sent for review and signatures.
Location - Place where your organization is
holding the event. Please be sure to reserve the space with the
Student Involvement and Leadership Programs prior to contracting an
artist to perform.
Representation and Promotion - Deals with all
materials related to promoting the event and determines any
restrictions the Provider may have in terms of promotion. Be sure
to get sample materials from the Provider designated to appear as
promotion.
Sponsoring Organization - The organization that
this holding the event. In most cases this organization is also
paying for the artist.