The information in this blog is for general informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation. We make no guarantees about the accuracy or completeness of the information provided. Reliance on any information in this blog is at your own risk.
Landing a paid gig—whether it’s an Ontario club date, a summer-festival slot, or a corporate showcase—is a milestone for any independent musician. Yet many artists still accept bookings via casual DMs or verbal promises. That handshake approach can collapse when the promoter ghosts a deposit, slashes set time, or posts an unauthorized livestream. A written performance agreement—sometimes called an engagement or booking contract—turns vague promises into enforceable obligations. Below is a practical guide to the clauses, red flags, and negotiation tips that Ontario artists should understand before stepping onstage.
Confirm the Basics: Who, When, and What
Parties and Capacity
List the legal names of both sides: you or your incorporated touring company, and the venue or promoter. If an agent signs for you, make clear they’re acting “on behalf of” the artist and not assuming personal liability.
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Date, Time, and Venue
Specify load-in and sound-check windows, set length, and curfew. Insert a buffer—especially for multi-act bills—so a prior act’s overrun doesn’t chop your set.
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Performance Scope
State whether the gig is acoustic, full-band, or DJ set; how many musicians; and any repertoire or language restrictions (family-friendly vs. explicit content).
Payment Terms: More Than a Flat Fee
Guarantee vs. Door Split
Ontario clubs often pay “X dollars or Y % of net ticket sales, whichever is greater.” Clarify whether “net” deducts ticketing fees, taxes, or credit-card charges.
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Deposits
A 25–50 % non-refundable deposit on signing protects you from last-minute cancellations and travel losses. Set a deadline (e.g., 72 hours after contract execution) and reserve the right to cancel if the deposit doesn’t arrive.
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Payment Method and Timing
Cash at box office? E-transfer within 24 hours post-show? If cheques are used, require certified or corporate cheques; personal cheques can bounce, leaving you fighting in Small Claims Court.
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Withholding Taxes
If the booker is a foreign entity hiring you for a Canadian festival, NR-tax rules may kick in. Usually local gigs avoid this, but add language stating the fee is “inclusive of all applicable taxes” and specify whether you charge HST.
Technical and Hospitality Riders
A rider becomes a contract schedule, not a wish list. Include:
- PA and backline specs—wattage, channels, stage dimensions, DI boxes.
- Sound-check duration—especially critical for full bands.
- Monitoring—in-ear vs. wedges, spare batteries.
– - Lighting cues—if part of the show.
– - Hospitality—meals, water (glass not plastic onstage), green-room access.
Failure to meet tech rider terms can torpedo performance quality; give the promoter enough lead time to comply or negotiate substitutions in writing.
Cancellation and Force Majeure
Artist Cancellation
Illness or government travel ban should excuse performance without liability—but require prompt notice and evidence (doctor’s note). Offer a reschedule if feasible.
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Promoter Cancellation
If the venue cancels after deposit payment, the deposit remains yours. If they cancel within a short window (e.g., seven days prior), require full fee unless force-majeure applies.
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Force Majeure Events
Define “beyond reasonable control” events: Act of God, pandemic restrictions, labour strikes, but not poor ticket sales. Provide that deposits and any travel costs already incurred are refundable if gig is axed for force majeure.
Recording, Streaming, and Merch Rights
Audio/Video Recording
Prohibiting recording by the promoter protects future live-album or sync opportunities. If streaming is allowed, negotiate a separate fee or revenue share and insist on final approval before release.
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Fan-Generated Content
Venues may claim rights to crowd-shot videos; limit this. Allow personal use only, bar monetization, and reserve takedown rights under the Copyright Act.
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Merchandising
State you keep 100 % of merch revenues, or agree to a reasonable house commission (typically 10–20 %). Require the venue to supply tables and ban competitors’ merch in your designated area.
Insurance and Liability
Public-Liability Insurance
Some venues demand artists carry $2 million in coverage. Ontario freelance policies start around $300 a year; consider an annual plan if you tour regularly.
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Equipment Insurance
Promoter liability usually excludes theft or damage to your gear. Cover your instruments under a rider on your home policy or a separate inland-marine policy.
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Indemnities
Be wary of clauses making you liable for all venue damages. Limit indemnity to losses arising from your negligence, not crowd behavior you can’t control.
Immigration and Work Permits for Cross-Border Shows
If the gig extends into the U.S., P- or O-class visas are often required—even for a one-off festival. Contracts should allocate responsibility: the U.S. promoter often handles petitions, but you must supply accurate documents. Build in lead time (60–90 days) and contingency language if visas are denied.
Dispute-Resolution and Governing Law
Choose Ontario law and courts to avoid litigating overseas. For smaller shows, consider a mediation clause to resolve payment disputes quickly; Small Claims Court covers up to $35,000, but mediation is faster and cheaper.
Red Flags to Reject or Renegotiate
| Clause | Problem | Solution |
| “Payable 30 days after show.” | Cash-flow gap; risk of non-payment | Insist on COD or 24-hour e-transfer |
| “Artist grants worldwide perpetual rights to stream and monetize performance.” | Loses future leverage | Limit to venue’s social channels, 30-day window |
| No deposit; promoter says “trust me.” | Walk-away risk | Secure at least travel-cost deposit |
| “Artist liable for audience injuries.” | Beyond your control | Replace with liability limited to negligent acts |
| Open-ended sound-check | Can be cut by earlier acts | Lock in a time with penalty if venue shortens |
How AMAR-VR LAW Can Help
Our entertainment-law practice:
- Drafts and reviews performance agreements to align with Ontario law and industry customs.
– - Negotiates rider compliance and payment terms with promoters.
– - Advises on immigration, insurance, and tax obligations for cross-border tours.
– - Represents artists in fee-recovery actions in Small Claims or Superior Court.
– - Structures touring corporations to shelter personal assets and optimise HST rebates.
We transform gig offers into enforceable, revenue-secure contracts so you can focus on the music.
Conclusion
The thrill of booking shows should not eclipse the need for a solid performance agreement. Independent artists who secure clear clauses on payment, cancellation, recording rights, and liability avoid the most common pitfalls that plague live-music careers. Treat every gig—bar residency or festival mainstage—with the same contractual discipline, and you’ll protect both your art and your income.
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Contact us today for a consultation if you have an offer on the table—or a dispute over an unpaid fee. We’ll ensure you own the night and the rights that come with it.
Frequently Asked Questions (FAQs)
- Do I really need a written contract for a small local gig?
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Yes. Even small club or festival gigs benefit from clear written agreements. They help avoid disputes over payment, set length, cancellation, and recording rights—especially when something goes wrong.
– - Should I insist on a deposit before confirming a show?
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Absolutely. A 25–50% non-refundable deposit protects you from last-minute cancellations and covers upfront costs like travel. If a promoter refuses to pay any deposit, that’s a red flag.
– - What’s the difference between a guarantee and a door split?
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A guarantee is a fixed payment. A door split is based on ticket sales (gross or net). Always clarify what fees are deducted before calculating your share (e.g., ticketing fees, taxes, service charges).
– - Can a promoter record or livestream my performance without my permission?
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Not unless you’ve agreed to it in writing. Always control whether your performance can be recorded, streamed, or monetized, and negotiate extra fees for such rights.
– - What happens if the show gets cancelled due to COVID, weather, or force majeure?
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A properly drafted force majeure clause defines these scenarios. You should be able to retain your deposit and recoup certain costs if the cancellation is beyond anyone’s control.