The Contract Particulars

The contract particulars are different for each show. They define the main points of the contract which apply to a specific performance in a specific place. They may seem self-explanatory, but that is not always the case; here we consider each in turn.

Not all of the particulars will be applicable to all performances, however we cite them all for the sake of clarity. For example, if something is not supplied, then it can be just as important to know that, than if it is supplied. In which case it is usually written N/A.

Where particulars are not known yet, but that information will be forthcoming, then they can be qualified as To Be Advised (TBA).

Where particulars are expected to be a certain value, but it is not known for certain, they can be qualified with To Be Confirmed (TBC).

Let’s look at the particulars in a standard Midnight Mango contract in turn:

1. 1. Artiste:
      This refers to the act or the musicians performing. This may not be the same as the business entity signing for The Artiste. This space can also be used to clarify who is actually on stage. For example, if the contract is for a reduced form of the act, such as a duo or a trio or if the act comes with a brass section or backing vocals.
   2. Performance date:
      Pulled through automatically from the booking.
   3. Venue/Festival:
      Pulled through automatically from the booking.
   4. Stage Name:
      For venues or festivals with multiple stages, the performance stage can be specified here. Also for festivals which are across multiple venues in a town – then this is the place to cite the precise venue and location of the performance.
   5. Stage Time:
      This is the time the artist goes on-stage, eg 19:30 and is best written using the 24 hour clock. If the off-stage time is also known it can be written as a range.
      e.g. 17:30 – 22:00
      If the time is not known, but the rough time is, then you can use morning, afternoon, evening
      e.g. Early afternoon exact time TBC Alternatively the billing slot of a festival could go here
      e.g. Slot 3 early afternoon, exact time TBC Only use TBA if the time hasn’t been discussed at all. Notes – Midnight is 00:00, technically the start of the first minute of the following day. Sometimes it can be helpful to use the words Noon or Midnight to add further clarity.
      When the performance is actually in the early hours of the following morning then the date will be logged on the day before the show actually takes place. So be clear about that.
      e.g. 02:00 following morning When the performance is abroad you should specify “local time”.
   6. Set length:
      Written in minutes
      e.g. 75 minutes Where there is a known interval specify this
      e.g. 2 X 45 minutes Always err on the side of caution, if the artist comes off early this can be a breach of contract.“An Evening With XXXX” will usually imply there is no support act. In this case there are usually two sets. For most venue performances the promoter will want or insist on an interval so they have time to sell more drinks.Occasionally you may be asked to cite a minimum time on stage, generally resist this in the contract.
   7. Fee:
      The information in this particular can be many things, the important thing is for clarity.
      The line is composed of several key parts, firstly the financial portion of the  deal and the tax liability followed by technical requirements + catering + accommodation + transport.
      The parts following the financial deal can be clarified in the particulars below the fee line. They may also be included in the artist’s riders. You don’t need to include parts that are not part of the deal.
      Here follows just a few examples.
      e.g. £5,000 + VAT + backline + technical rider + catering rider + accommodation + flights + ground transport Where there is a split deal be sure to clarify whether the split is from Net Box Office Receipts (NBOR) or after a certain amount of costs or after a certain amount.
      e.g. £2,500 vs 80% + VAT after agreed costs of £2,000 + catering
      or £500 plus 70% after agreed costs + catering
      or £0 vs 75% NBOR + accommodation When the band is VAT registered but the promoter is not, you will likely cut a gross deal. Be careful to specify that.
      e.g. £3000 vs 80% after agreed costs gross deal (i.e. £2,500 vs 66% + VAT) + catering Occasionally with shows abroad you are only interested in the money coming in, in this case be careful with the foreign tax liabilities.
      e.g. £5,000 flat fee, net of all local taxes + catering + accommodation + flights + ground transport Where a tax is withheld by the purchaser from the fee again clarify
      e.g. £5000 local tax withheld 19% + backline + catering + accommodation + flights + ground transport
   8. Catering:
      As per rider is the easiest one here. Or As per festival rider – where the festival specifies what the rider is. Dressing room rider only, is another common one, where no meal is provided.
   9. Accommodation:
      Specify the number of rooms, room type and accommodation type.
      e.g. 3 X twin hotel rooms with breakfast. You can also specify the relative location, e.g. within five miles of venue, walking distance or location TBA. If a type of hotel is preferred then you can say that e.g. Premier Inn preferred. If the accommodation has been arranged as a buy-out clarify that here.
      e.g. £100 X 6 cash buy-out. Another options is simply As per rider.
   10. Transport:
       Be precise about what parts are needed.
       e.g. Promoter to supply 6 X return flights London to Budapest. All ground transport between airport, hotel and festival in host country.
   11. PA:
       This can be a number of things and must always be specified
       e.g. To be supplied by the promoter / purchaser or To be supplied by the artist
   12. Lights:
       This can be a number of things and must always be specified
       e.g. To be supplied by the promoter / purchaser or To be supplied by the artist
   13. Ticket Price:
       As appropriate include: Advance price, door price, concession price, price range, early bird, tiered pricing etc. Also state if ticket price includes booking fee or is plus booking fee.
       e.g. £15 + booking fee with concessions
   14. National Ad Cont:
       Where the promoter is paying a national advertising contribution this goes here. When known, also add the party who will be delivering and invoicing the campaign.
       e.g. £500 Purchaser to be billed by DHP in advance. Campaign will be delivered by DHP who will supply schedule.
   15. Guests:
       This will likely be a standard figure that your artist asks for. At small capacity shows the purchaser will not want to give away a lot of guest tickets, be sensitive.
   16. Announcement:
       If known write the time and date.
       e.g. 10:00, 24-03-2022
       More often you won’t know the date yet.
       e.g. TBA by this office. Please do not announce until advised.
       If there is a an embargo, write it here it’s really important!
       e.g. EMBARGO This show is embargoed until <<DATE>> and must not be announced or put on sale until that date. Failure to follow this embargo by the promoter or a third party may result in cancellation and a loss of deposit.
       Another example is a soft sale where the venue can announce first, with the artist announcing through their socials at a later date. It can be helpful to specify this so the promoter does not expect The Artiste to announce at the same time they do.
       e.g. Please go on sale immediately, the artist will announce through their channels at a later date when the full tour is in place.
   17. Notes:
       Any contractual particular that doesn’t fit the above fields. For example where a promoter needs a curfew or a radius clause to be contractual.
       e.g. No shows within 50 miles radius without permission fo the promoter.

Our contracts are available on request