Performance Contracts

good advice excerpted from lawdudes.com and other resources
a lot of information was found on the web, sent to us by email,  or found in music newsgroups
may contain exerpts included  from articles by Rich Unger, Nightclub Promotions-->
other contributors are unknown at this time

Before you even begin to book your band, sit down with all of the members and decide what it is that you hope to accomplish. If your goal is to play a show for a non-profit, benefit concert, then many of your contractual goals will be different than if you decide to play for the most money possible. The most important thing you can do at this stage is to make specific decisions on what is contractually acceptable and unacceptable to you and your band. For example, variables such as,  will you provide your own sound/lighting engineer or equipment, or use the venue's? Are you willing to give up a flat fee in exchange for a percentage of the door or ticket sales? Presenting a performance contract to a venue manager/booking agent will give your band the appearance of professionalism that it needs to survive in the music business, and will make a good impression even if your contract is rejected.

Different venues will have different methods of booking acts. Smaller venues sometimes will simply refuse to sign any performance contract. This is a fairly typical practice. In this case try to at least secure some kind of written notice that your band has been booked to play for a certain night, and if possible, for what amount you have agreed to perform. Most medium sized venues with an average draw will readily accept a performance contract from a band, while very few large venues with well-established reputations will accept anything other than their own contracts. If this is the case, make sure that you check and recheck the following to avoid being mislead: band name, band members, method of payment, time of payment, time and date of performance, length of performance (and don't forget the sound check!), contract riders, and provisions for security, insurance coverage, sound systems and lighting, control of merchandising, cancellation fees, deposits, ticket sales and free tickets, permissible video and audio recording / broadcasting equipment, guest list, and most importantly, signatures. 

Make sure that your band is not required to post a bond or security deposit, that you are not liable for any and all damages that occur during your residence in the venue. Most venues should provide adequate insurance coverage for theft or damage at no cost to your band, but be sure to make a note of it. Also look to make sure that you are not being given a 'pay to play' deal, where you must purchase a block of tickets and sell them out yourself.