Live performance contracts: the clauses that matter

A live performance contract is the written agreement between an artist (usually via their agent) and a promoter or venue that sets out who is playing, where and when, what they are paid, and what happens if something goes wrong. The clauses that matter most are the fee and deal terms, payment and deposits, cancellation, radius and exclusivity, the rider, merch, recording rights and settlement. Get those clear and most disputes never start.

This guide walks through each clause in plain English, with what to look for and the questions to ask. This is general guidance, not legal advice: for anything unusual, high-value or international, have a solicitor who knows music contracts look at it.

Key takeaways

• Most gig disputes come from vague deal terms, unclear cancellation rules or an ignored rider, so spell these out precisely.
• State the deal type exactly: a flat guarantee, a guarantee versus a percentage, or a door split, with how "net" is calculated.
• Deposits, payment dates and the method of settlement should be written down, not agreed on the night.
• Radius clauses should be reasonable in distance and time, and specific about what counts as a breach.
• Keep the contract, rider and advance details consistent, because the latest signed version is what both sides will rely on.

The basics: parties, date and venue

It sounds obvious, but get the fundamentals exactly right:

• The parties. The legal name of the promoter or venue company, and who is contracting for the artist (the artist's company, the artist personally, or the agent acting as agent for the artist). Agents normally contract as agent, not as principal, and the contract should say so.
• The engagement. Date, venue name and address, the room if the venue has more than one, and the capacity.
• Billing. Headline, co-headline or support, and how the artist's name appears on posters and listings.
• Timings. Load-in, soundcheck, doors, set time, set length and curfew. If the set length is a condition of the fee, say so.

Fee and deal terms

This is the clause that causes the most arguments, usually because a phrase like "70% of the door" meant different things to each side.

Common deal types

Define "net box office"

If any part of the fee depends on ticket income, define it. Typical deductions include VAT, booking fees retained by the ticket platform, and sometimes a PRS for Music deduction. Write down which deductions apply. If expenses are deducted before a split, attach an itemised and ideally capped budget.

VAT

State whether figures are plus VAT, inclusive of VAT, or not subject to VAT. A fee of £1,000 "plus VAT" and £1,000 "inclusive" are very different numbers for a VAT-registered artist.

Non-UK artists

If the artist isn't UK resident, the promoter may have to deduct tax at source under HMRC's rules for non-resident entertainers (handled by HMRC's Foreign Entertainers Unit). Agree in advance who handles this and how it affects the payment, rather than discovering it at settlement.

Deposits and payment terms

The payment clause should answer three questions:

1. How much is paid in advance? A deposit of part of the guarantee is common for many shows, payable on signature or by a set date. Where there's no deposit, that should be a conscious decision.
2. When and how is the balance paid? On the night in cash, by bank transfer within a set number of days, or another arrangement.
3. Who is paid? The agent's client account, the artist's company or the artist directly.

Link this clause to your invoicing process so the deposit invoice goes out as soon as the contract is signed. See invoicing as a booking agent for how that works in practice.

Cancellation and force majeure

Cancellation clauses decide who pays when a show doesn't happen. Cover each scenario separately:

• Promoter cancels. Is the full fee payable? A percentage depending on notice? Plus any non-refundable costs the artist has incurred, like travel?
• Artist cancels. Is the deposit returned? Are there circumstances where the artist must cover the promoter's costs? What about illness, which usually needs medical evidence?
• Force majeure. Events outside either party's control, such as severe weather, venue closure, transport failure or government restrictions. List what counts, and say what happens to deposits and costs if it applies.
• Low ticket sales. If the promoter wants a right to cancel because tickets aren't moving, set a deadline and the consequences. Don't let it be implied.

Radius and exclusivity

A radius clause stops the artist playing other shows within a certain distance and time before and after the date, so the promoter isn't competing with the artist's own gig down the road.

Check:

• Distance and time. Is the area and period proportionate to the show's size? A small club show and a large festival slot justify very different restrictions.
• What counts. Public shows only, or also private events, DJ sets, in-stores, festivals or livestreams?
• Announcement restrictions. Some clauses restrict announcing other shows before a certain date, which can matter as much as the radius itself.
• Consequences. What happens if it's breached? A reduced fee, or the right to cancel?

Unreasonable radius clauses can wreck routing, so agree them before you build the rest of the tour. Our guide to tour routing basics covers how they shape a run of dates.

The rider

The rider is usually attached to the contract and has two parts:

• Technical rider: stage plot, input list, PA and monitor requirements, backline, power, lighting and crew.
• Hospitality rider: dressing room, catering or buyouts, drinks, towels, guestlist, parking and accommodation if supplied.

Make the contract say the rider forms part of the agreement, and mark which items are essential and which are preferences. A rider that asks for everything usually gets ignored. A short, realistic rider tends to be honoured, and anything the promoter can't supply gets agreed in advance.

Merch

The merch clause should cover:

• Whether the artist can sell merch, and where in the venue.
• Any venue merch commission, or the right of the venue's staff to sell on the artist's behalf.
• Whether the commission applies to recorded music as well as clothing.
• Who supplies the table, lighting and float.

Merch can be a large share of a touring artist's income, so a commission nobody noticed can hurt.

Recording, broadcast and photography

Unless the contract says otherwise, there should be no audio or video recording, broadcast or livestreaming of the performance without the artist's written consent. If the promoter or venue wants promotional footage or photos, define what's allowed, how it can be used and for how long.

Ticketing, comps and guestlist

• Ticket price, any price tiers, and booking fees.
• Number of comps and guestlist places for the artist.
• Who can see ticket sales reports, and how often. Many agents ask for sales updates on a set schedule.
• Announce date and on-sale date, and whether there's a presale. Agree it in writing so the artist and promoter don't announce on different days.

Settlement

Settlement is when the final fee is calculated and paid after the show. For anything other than a flat fee, the contract should require:

• A settlement sheet showing ticket sales, income, deductions and expenses, with supporting evidence on request.
• Who from the artist side signs off the settlement (usually the tour manager).
• Payment method and timing.

The settlement then feeds into the agent's artist statements, so clear terms here save time later.

Insurance, licensing and safety

Promoters are normally responsible for the venue licence, public liability insurance, security and safe capacity. Artists may need their own public liability insurance and equipment cover, and some venues ask for evidence. The contract should say who is responsible for what.

Governing law and disputes

For UK shows, it's common to state that the contract is governed by the law of England and Wales, or of Scotland or Northern Ireland as appropriate. For international dates, this clause matters more, and it's worth taking advice.

Frequently asked questions

What should a gig contract include?

At minimum: the parties, date, venue, timings, fee and deal type, deposit and payment terms, cancellation terms, radius clause if any, the rider, merch arrangements, recording rights, ticketing and comps, and how settlement works. Each should be specific enough that a stranger reading it would understand what was agreed. This is general guidance, not legal advice.

What is a radius clause in a music contract?

A radius clause stops the artist performing within a set distance of the venue for a set period before and after the show. It protects the promoter's ticket sales. It should be reasonable in size and duration and clear about what types of performance it covers.

What does "guarantee versus percentage" mean?

It means the artist receives either the guaranteed fee or an agreed percentage of net box office income, whichever is higher. The deal only works fairly if "net" and any deductible expenses are clearly defined in the contract.

Is a rider legally binding?

If the contract states that the rider forms part of the agreement and both sides sign it, the rider's terms are generally part of the deal. In practice, promoters and agents often agree changes during advancing, so record any agreed changes in writing.

Who pays if a gig is cancelled?

It depends on who cancels and why, which is exactly what the cancellation and force majeure clauses should set out. Without clear terms, disputes are likely, so cover promoter cancellation, artist cancellation and events outside either party's control separately.

Do I need a solicitor for every performance contract?

Not usually for routine shows using a template you trust. It is worth taking legal advice for your template itself, for high-value or international shows, and for any contract with unusual terms you don't fully understand.