Invoice vs contract: Which do you use?

[pinkfloydcramer61]

Most of my solo gigs are just verbal agreements with an email to back it up. That generally works out pretty well. But occasionally the other party wants a little more documentation. In which case I usually go the contract route. What do YOU do?

[BlueStrat]

Contract.

[theGman]

Does anyone have a copy to share of a basic gig contract?

 

Thanks

[Austincowbell]

 

Does anyone have a copy to share of a basic gig contract? Thanks

 

Mine is below. Basically, just cut and paste it and fill in everything after the all caps bullets. The purpose of the bullets is to make sure every detail is covered. Fill in all applicable times and dates as well.

 

 

Artist: More Cowbell

 

Date of performance: 2/27/2010

Time/Length of set(s): 5pm-6pm and 6:30pm-7:30pm

Payment Terms - $_______cash or check made out to _____________

Load-in: 3pm

Soundcheck: 4pm-4:05pm

 

Booking Company/Agent

[3shiftgtr]

I have 3 basic contracts. One for contracted, long term sideman work (never use), one for major gigs (festivals, etc.) and one for local. These are templates I received from my lawyer, who is an entertainment lawyer. Here's the local:

 

Cookietime Music Performance Contract

 

John Cook and The Fat Cat Band d.b.a. Cookietime Music (heretofore known as the artist) of Tullahoma, TN, does hereby agree to perform on 5/15/10 (performance date) as an agent of Miss XXXXX (heretofore known as the buyer).

 

The Artist will provide a music performance and all personal instruments, music gear, and personnel needed to play music on a performance stage. The Artist will provide the public address and lighting systems with all of its attendant components and personnel. The Buyer will provide a staged performance space with a minimum size of 12 ft. x 15 ft.

 

Fees for this service in the amount of $1,000.00 ($ dollar amount) are to include, but not to exceed one hundred and eighty (180) minutes of performance (4x 45 min. sets with 15 minute breaks in between), starting at 6:30 p.m. (start time), until 10:30 p.m. (end time). If any extra time is requested, and additional fee of $250.00 ($ dollar amount) will be added for each performance hour.

 

All fees are due upon completion of the performance at the end time agreed, and shall be paid in United States Currency (CASH).

 

The buyer agrees to provide all power requirements requested below by the Artist and assumes all responsibilities for the conduct of all guests, audience members, and personnel at the performance.

 

Any damage to instruments and/or performance equipment provided by the Artist due to power supply problems, guest, audience member or venue personnel misconduct or negligence, is the sole responsibility of the buyer.

 

Power Requirements:

2x 20-amp circuits, with grounded electrical outlets.

 

Cookietime Music Representative Signature Date

 

 

 

 

 

 

 

Buyer Signature Date

 

There are a lot of holes in this, but it will hold up in court as an agreement to pay for services rendered. You of course can amend it anyway you need to, making sure you use the proper legal terminology and verbiage.

 

IMPORTANT NOTE: Get a D.B.A. account at a bank for your music business. The D.B.A. is very important in court as it shows a separation in your income and it is not just a hobby. At least that is how Mr. lawyer 'splained it. It also helps at tax time, if you claim it as part of your income.

[Conrada]

Personally i prefer contracts..

[JohnMCA72]

Use both. Each has their purpose:

 

Contract: Defines what each party will do, & get out of, the agreement; who does what, when, where, & even some of the how (why is irrelevant, but can be included as well if you want). This is a 2-sided representation of your agreement. Among the terms & conditions should be some reference to how much you're going to be paid & when that payment is to be made. A contract is made when the parties come to an agreement, typically well in advance of the event.

 

Invoice: Request/demand for payment, in accordance with the Ts & Cs of the contract (agreement that resulted in the request). An invoice formalizes the request for payment, just like a contract formalizes the agreement made in the first place. An invoice also provides a convenient form of documentation that somebody's accountant can use to identify where the money went.