APPENDIX B

Booking and Performance Agreement Templates

Fill-in-the-blank starting drafts for the four agreements a music room uses most — to bring to your attorney, not to sign as-is.

A written agreement protects everyone — the room, the artist, the night. It turns assumptions into shared expectations and gives both sides something to point to when memory diverges. This appendix provides starting-point templates for the four agreements a music room uses most: the standard performance agreement, the residency agreement, the showcase agreement, and the house-band agreement. Each is built around the deal points the book discussed in Chapters 17 and 23, rendered as fill-in-the-blank drafts you can adapt.

Read this next line twice. These are starting drafts, not finished contracts, and not legal advice. They exist to give you and your attorney a head start — a structured first draft that captures the common deal points so you’re not staring at a blank page. Every one of them must be reviewed, corrected, and finalized by a licensed Texas attorney before you use it, because contract law, enforceability, and your specific situation are exactly what a lawyer is for and exactly what a template can’t replace. Fill-in fields appear like [this]; blank lines like the ones below are for terms you’ll complete.

Template 1 — Standard Performance Agreement

For a single engagement by an artist or band. (Ch. 17)

PERFORMANCE AGREEMENT

This agreement is made on [date] between [venue legal name] (“Venue”), located at [venue address], and [artist/band legal name] (“Artist”), [contact information].

1. Engagement. Venue engages Artist to perform on [date of performance] at [venue name and address].

2. Performance times.

• Load-in:

• Soundcheck:

• Doors:

• Set length:

• Number of sets:

• Set time(s):

• Curfew/end time:

3. Compensation. Venue will pay Artist: [choose/complete the applicable model]

• Guarantee of $ , OR

• % of the door (defined as: ), OR

• The greater of a $ guarantee versus % of the door, OR

• Other: .

Payment will be made by [cash / check / other] at [time of payment, e.g., end of night] to [payee].

4. Ticketing and door.

• Cover charge: $

• Capacity:

• Ticketing handled by:

• Comps/guest list:

5. Production and backline. Venue provides: . Artist provides: . Sound engineer provided by: . (Ch. 24; Appendix F)

6. Hospitality. Venue provides: (e.g., drink tickets, green room, meals, parking). (Ch. 23)

7. Recording and streaming. Audio/video recording or streaming of the performance is [permitted / not permitted] and governed by: . Note that PRO performance licenses do not cover recording or streaming rights. (Ch. 26; Appendix E)

8. Merchandise. Artist may sell merchandise.

• Who sells:

• Venue’s cut, if any:

9. Cancellation. If Artist cancels: . If Venue cancels: . Force majeure (weather, emergency, etc.): .

10. Promotion. Artist agrees to: . Venue agrees to: . Use of name/likeness for promotion: . (Ch. 28, 32)

11. Conduct and house rules. Artist agrees to abide by Venue’s house rules, sound limits, and applicable law.

12. Independent contractor. The parties intend Artist to perform as an independent contractor, not an employee. [Confirm classification and tax treatment with your professional — Ch. 35.]

13. Other terms. .

Signed:

Venue: Date:

Artist: Date:

Template 2 — Residency Agreement

For a recurring run by the same artist over multiple dates. (Ch. 9)

RESIDENCY AGREEMENT

This agreement is made on [date] between [venue legal name] (“Venue”) and [artist/band legal name] (“Artist”).

1. The residency. Artist will perform a residency at [venue name] consisting of [number] performances on the following schedule: [e.g., every Tuesday in [month/months], dates: ].

2. The recurring slot. Day/time of each performance: . Set structure each night: .

3. Compensation. Per-performance pay: [guarantee / door deal / versus — complete as in Template 1]: . Total residency value, if defined: $ . Payment schedule: .

4. Artistic vision. The residency’s concept or theme, and how it evolves across the run: . (Ch. 9)

5. Promotion of the series. The residency will be promoted as a series, not as separate dates. Artist’s promotional commitments: . Venue’s: . (Ch. 28)

6. Exclusivity (if any). During the residency, Artist [will / will not] perform within [radius/market] for [time period]: .

7. Production, hospitality, recording, merch. As applicable, per the standard terms in Template 1: .

8. Cancellation and missed dates. If Artist misses a date: . If Venue cancels a date: . Rescheduling: .

9. Independent contractor; other terms. [Confirm classification — Ch. 35.] Other: .

Signed:

Venue: Date:

Artist: Date:

Template 3 — Showcase Agreement

For a multi-act bill where several artists share a night. Use one per act, or adapt as a multi-party agreement with your attorney. (Ch. 10)

SHOWCASE PERFORMANCE AGREEMENT

This agreement is made on [date] between [venue legal name] (“Venue”) and [artist/band legal name] (“Artist”), one of multiple acts performing on [date of showcase].

1. The showcase. Artist will perform as part of a showcase on [date] alongside [other acts, if named]: .

2. Running order and set length. Artist’s set length: . Position in running order: . Changeover time allotted: . (Ch. 25)

3. Compensation. How the showcase pays: [flat fee per act / split of the door / other]: . Artist’s share: . How any door split is calculated and divided across acts: . Payment timing: .

4. Shared production. Shared backline/gear: . Artist provides: . Soundcheck/line-check arrangement for multiple acts: . (Ch. 24)

5. Cross-promotion. Each act agrees to promote the showcase to its own audience: . (Ch. 28, 31)

6. Hospitality, recording, merch. As applicable: .

7. Cancellation; conduct; independent contractor; other. . [Confirm classification — Ch. 35.]

Signed:

Venue: Date:

Artist: Date:

Template 4 — House-Band Agreement

For an ongoing house band or anchor musicians (e.g., for a jam, an open mic, or a recurring night). (Ch. 21)

HOUSE-BAND AGREEMENT

This agreement is made on [date] between [venue legal name] (“Venue”) and [band/musician legal name(s)] (“House Band”).

1. The role. House Band will serve as the house band for [night/event] on the following recurring basis: . Duties include: [e.g., anchoring the night, backing sit-in players, leading the jam, providing backline]: . (Ch. 21)

2. Schedule and term. Recurring date/time: . Term of the arrangement: . Notice required to end it (either side): .

3. Compensation. Per-night pay: $ (or other model: ). Payment schedule: . Pay for rehearsals or extra duties, if any: .

4. Personnel and substitutes. Core members: . Policy on substitutes/deps when a member can’t make it: . (Ch. 21)

5. Equipment. House Band provides: . Venue provides: . Storage of gear on-site: . (Appendix F)

6. Expectations and standards. Musical role and etiquette, especially toward sit-in players: . (Ch. 19, 21)

7. Exclusivity (if any); recording; merch. .

8. Termination. Either party may end this arrangement with [notice period]: . Final pay and wind-down: . (Ch. 38)

9. Independent contractor; other terms. [Worker classification for a recurring house band is a real question — confirm with your professional. Ch. 22, 35.] Other: .

Signed:

Venue: Date:

House Band: Date: