APPENDIX B

The Deal Memo, Both Sides

A plain-language performance-agreement template covering what each party needs.

Chapter Sixteen made the case for writing the deal down. This appendix gives you a plain-language deal-memo template that covers the essentials both an artist and a room need settled before a show, so nobody is guessing on the night. The templates below are designed to be copied, completed, and adapted for your own use.

Part One — The Parties and the Show

Date of This Memo: { When you’re writing this down }

Artist / Act: { Performing name, and the legal name or entity behind it }

Artist Contact: { Name · phone · email of the person who speaks for the act }

Venue / Purchaser: { Legal business name of the room }

Venue Contact: { Name · phone · email of the person booking }

Performance Date: { Day and date }

Venue Name & Address: { Where the show happens }

Schedule: { Load-in · soundcheck · doors · set time(s) · curfew }

Set Length: { Number of sets and length of each — e.g., two 60-minute sets }

Part Two — The Money

Compensation: { Guarantee, door deal, percentage, or “greater of” — state it plainly }

Guarantee Amount: { The flat fee, if any }

Door / Percentage Terms: { Split %, after which expenses, and any threshold }

Deposit / Advance: { Amount, and when it’s paid }

Settlement: { When and how the balance is paid — typically end of night, cash or check }

Merchandise: { Who sells, any venue cut, and whose responsibility the sales tax is (see Appendix G and Chapter Twenty-Nine) }

Ticketing & Comps: { Who tickets, the price, and the size of each side’s guest list }

Part Three — Production, Hospitality, and Lodging

Sound & PA: { Who provides the PA, and who provides the engineer }

Backline: { What gear the room provides, and what the act brings }

Hospitality: { Green room, drinks, meals — attach the rider from Appendix D }

Lodging: { Provided or not; if so, what }

Stage Plot / Input List: { Attached, or to follow by a set date }

Part Four — Promotion and Billing

Billing: { Headliner or support; name order and size }

Promotion: { Who promotes what — see Chapter Thirty-Three }

Announcement Date: { When the show goes public }

Radius / Exclusivity: { Any agreement not to play within X miles for Y days — see Chapter Forty, and have an attorney review any exclusivity term }

Name & Likeness: { Permission to use the act’s name, photos, and logo to promote this show — see Chapter Thirty-One }

Part Five — The Fine Print

Cancellation: { What happens if either side cancels — notice required, and how the deposit is handled }

Inclement Weather / Force Majeure: { What happens if a storm or emergency stops the show }

Recording & Broadcast: { Whether the show may be recorded, streamed, or filmed, and by whom }

Insurance: { Who carries liability coverage }

Compliance: { Age restrictions and TABC matters are the venue’s responsibility }

Taxes: { Each party handles its own taxes; the venue may issue a 1099 — see Chapter Twenty-Eight }

Governing Law: { State whose law governs — typically Texas }

Signatures

A note on agents and managers: if either side works through an agent or manager, that person usually negotiates and may sign on the party’s behalf, and their authority and commission should be clear to everyone. Make sure the names on the memo are the people actually empowered to commit — and see Chapter Thirteen on working through a middleman.

Artist Signature: { sign and date }

Artist Printed Name: { sign and date }

Date: { sign and date }

Venue / Purchaser Signature: { sign and date }

Venue Printed Name & Title: { sign and date }

Date: { sign and date }

Again: have a qualified entertainment attorney review and adapt any agreement before you rely on it. This template is a guide to the conversation, not legal advice.

COMPANION TO APPENDIX B

Deal Memo — Fill-In Worksheet

Fill in the deal, both sides. Then have an attorney review before you rely on it.

PART ONE — THE PARTIES AND THE SHOW

Date of This Memo When you’re writing this down

Artist / Act Performing name, and the legal name or entity behind it

Artist Contact Name · phone · email of the person who speaks for the act

Venue / Purchaser Legal business name of the room

Venue Contact Name · phone · email of the person booking

Performance Date Day and date

Venue Name & Address Where the show happens

Schedule Load-in · soundcheck · doors · set time(s) · curfew

Set Length Number of sets and length of each — e.g., two 60-minute sets

PART TWO — THE MONEY

Compensation Guarantee, door deal, percentage, or “greater of” — state it plainly

Guarantee Amount The flat fee, if any

Door / Percentage Terms Split %, after which expenses, and any threshold

Deposit / Advance Amount, and when it’s paid

Settlement When and how the balance is paid — typically end of night, cash or check

Merchandise Who sells, any venue cut, and whose responsibility the sales tax is (see Appendix G and Chapter Twenty-Nine)

Ticketing & Comps Who tickets, the price, and the size of each side’s guest list

PART THREE — PRODUCTION, HOSPITALITY, AND LODGING

Sound & PA Who provides the PA, and who provides the engineer

Backline What gear the room provides, and what the act brings

Hospitality Green room, drinks, meals — attach the rider from Appendix D

Lodging Provided or not; if so, what

Stage Plot / Input List Attached, or to follow by a set date

PART FOUR — PROMOTION AND BILLING

Billing Headliner or support; name order and size

Promotion Who promotes what — see Chapter Thirty-Three

Announcement Date When the show goes public

Radius / Exclusivity Any agreement not to play within X miles for Y days — see Chapter Forty, and have an attorney review any exclusivity term

Name & Likeness Permission to use the act’s name, photos, and logo to promote this show — see Chapter Thirty-One

PART FIVE — THE FINE PRINT

Cancellation What happens if either side cancels — notice required, and how the deposit is handled

Inclement Weather / Force Majeure What happens if a storm or emergency stops the show

Recording & Broadcast Whether the show may be recorded, streamed, or filmed, and by whom

Insurance Who carries liability coverage

Compliance Age restrictions and TABC matters are the venue’s responsibility

Taxes Each party handles its own taxes; the venue may issue a 1099 — see Chapter Twenty-Eight

Governing Law State whose law governs — typically Texas

SIGNATURES

A note on agents and managers: if either side works through an agent or manager, that person usually negotiates and may sign on the party’s behalf, and their authority and commission should be clear to everyone. Make sure the names on the memo are the people actually empowered to commit — and see Chapter Thirteen on working through a middleman.

Artist Signature

Artist Printed Name

Date

Venue / Purchaser Signature

Venue Printed Name & Title

Date