Important contract contents for artistic contracts
Performance description: A clear and unambiguous description of the services the artist is to provide is important to avoid misunderstandings. The contract should therefore define the type, scope, and quality of the services to be provided, including details such as the number of required rehearsals or performances.
Compensation: The amount of compensation and payment terms should be specified in the contract. It should also be clarified whether the compensation will be paid in installments or as a lump sum, and whether a deposit is required. It may also be useful to specify whether the artist will receive a flat fee or an hourly rate for providing the services. Additionally, it is advisable to clarify in the contract whether there is a value-added tax liability or not.
Expense allowance and cost coverage: The contract should regulate any cost coverage for additional expenses for accommodation, meals, and transportation. It should also be clarified which costs the artist is responsible for and which costs the client will cover, as well as who will organize accommodation and meals. It is recommended to include provisions for a possible change in compensation in case the circumstances change.
Deadlines: The time frame for providing the services and the deadline for completion should be specified in the contract. The possibility of delays should also be taken into account, and provisions should be made for how to handle delays.
Taxes and social security: If the collaboration takes place abroad, clear regulations should be made in the contract as to who is responsible for paying foreign taxes and social security contributions and to what extent.
Contract termination: The contract should also include provisions for a possible termination of the contract. Possible consequences of an early termination, such as payment of damages or return of already received payments, should also be considered. It is also recommended to include clear regulations for cases of force majeure. The contract can also explicitly agree on a right of rescission for the contracting parties.
Usage rights: If the client wishes to use the artist's creative work, the usage rights should be specified in the contract. The duration and scope of the usage rights should also be taken into account. Usage rights can, for example, be granted exclusively or non-exclusively. The duration can be limited to a specific time frame, e.g. for a few months or years, or a statutory period (70 years after the death of the author). Local regulations should also be made. Is the usage right restricted to national or specific countries, or is it worldwide? It should also be regulated what types of uses are possible and whether in particular making the work available on the internet is included. A right to modify the work should also be agreed upon separately.
Warranty and liability: The contract should also include provisions for warranty and liability. It should be determined what warranty rights the client has and how long they are valid. Artistic quality should generally not be covered by a warranty claim. It also makes sense to specify what liabilities the contracting parties have if, for example, equipment belonging to one of the contracting parties is damaged during a performance.
Confidentiality: If confidential information is exchanged as part of the collaboration, a confidentiality clause should be agreed upon in the contract. This should specify which information is confidential and how it should be treated. Often, confidentiality is agreed upon, especially regarding the amount of the fee.
Choice of Law and legislation: A choice of law and forum selection agreement is particularly important when the contracting parties come from different countries. This determines which law applies to the contract and which courts have jurisdiction in case of disputes.
Other Agreements: The contract can also include other agreements that are relevant to the artistic collaboration. However, all agreements should be clearly and unambiguously formulated to avoid misunderstandings. The subject matter of such agreements can include, for example, the extent to which an event should be promoted, or what promotional material will be provided by the artist(s).
