The Concert Performance Contract is essential for organizing and executing live performances in Germany, serving as the primary legal framework between performers and venues/promoters. This document is utilized when engaging artists or bands for live performances, whether for single events or as part of a tour. It encompasses crucial elements required under German law, including compliance with the K眉nstlersozialversicherung (artists' social security), GEMA regulations for music performance rights, and local venue safety requirements. The contract addresses performance specifications, technical requirements, payment terms, intellectual property rights, and risk allocation, while incorporating necessary riders and schedules. It's designed to protect all parties' interests while ensuring compliance with German entertainment and contract law, making it suitable for various performance venues from small clubs to large concert halls.
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1. Parties: Identification of the performer(s), venue/promoter, and any other key parties including their legal status and contact details
2. Background: Brief context of the agreement and the intended performance
3. Definitions: Key terms used throughout the agreement including 'Performance', 'Venue', 'Force Majeure', etc.
4. Performance Details: Specific details about the performance including date, time, duration, and venue
5. Obligations of the Performer: Core responsibilities including punctuality, performance standards, and professional conduct
6. Obligations of the Promoter/Venue: Responsibilities regarding venue preparation, technical equipment, and support staff
7. Payment Terms: Performance fee, payment schedule, method of payment, and any tax considerations
8. Technical Requirements: Basic technical specifications and equipment requirements
9. Insurance and Liability: Required insurance coverage and allocation of risks
10. Cancellation and Force Majeure: Conditions and procedures for cancellation and force majeure events
11. Intellectual Property Rights: Rights regarding recording, broadcasting, and usage of the performance
12. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
1. Merchandise Rights: Used when the performer wishes to sell merchandise at the venue
2. Sponsorship and Advertising: Include when there are specific requirements about promoting the event or restrictions on competing sponsors
3. Supporting Acts: Required when additional performers or opening acts are involved
4. Recording Rights: Include when audio/video recording of the performance is planned
5. Travel and Accommodation: Necessary when the promoter is responsible for travel arrangements
6. Security Requirements: Include for larger venues or high-profile performers
7. Meet and Greet: Used when special fan interactions are planned
8. COVID-19 or Health Safety Measures: Include during health concerns or specific safety requirements
1. Technical Rider: Detailed technical specifications, stage plan, and equipment requirements
2. Hospitality Rider: Specific requirements for dressing rooms, catering, and backstage amenities
3. Performance Schedule: Detailed timeline including load-in, soundcheck, performance, and load-out times
4. Payment Schedule: Breakdown of payment installments and timing
5. Marketing Materials: Approved promotional images, biographical information, and marketing guidelines
6. Stage Plot: Detailed diagram of stage setup and equipment placement
7. Insurance Certificates: Copies of required insurance policies
8. Health and Safety Protocol: Specific safety measures and emergency procedures
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