Artist Performance Contract Template (Australia)

Scope, rider and venue duties

The document identifies the performance, venue, call time, show length, rehearsal, sound-check, stage, sound, lighting, access, dressing room, hospitality, security and equipment. These terms are part of the bargain. If the venue cannot provide safe power, staging, crowd control or the agreed rider, the performer should not be treated as refusing to perform.

The organiser normally controls premises, licensing, public liability, crowd management, first aid, accessibility and local authority requirements. The performer should be responsible for their act and equipment, but not for venue conditions outside their control.

Fee, GST, deposits and cancellation

Australian invoices need a clear GST position. The contract says whether amounts include GST, whether the performer is registered, when a tax invoice is required, and who pays travel, accommodation, parking, freight and per diems.

Cancellation should be scaled by date because a late cancellation can leave the artist unable to replace the booking. The template includes deposit, balance, cancellation fees, non-refundable costs and force-majeure handling without letting one side cancel at will while the other remains locked in.

Recording, streaming and performer rights

The Copyright Act protects performers in relation to live performances and recordings, and includes moral rights of performership. Hiring a performer for a live show does not automatically grant permission to film, livestream, record, archive, sponsor-brand or commercially exploit the performance.

The contract separates audience personal recording rules, house photography, short promotional clips, livestreaming, full recording, archive use, sponsor material and broadcast. Each permitted use should state platform, duration, territory, editing rights, credit and whether payment is included.

Employment status and sham contracting

A performance booking may be a contractor engagement, employment, labour hire or agency arrangement depending on facts. Fair Work guidance says sham contracting can occur where a worker is represented as a contractor when they are really an employee, unless the business can prove it reasonably believed the worker was a contractor.

The template records the intended status, ABN or company details, substitution or delegation rights, control over performance, insurance and tax responsibilities. It does not say the label decides the legal status.

Work rights, children and safety

Home Affairs guidance says employers should check whether a non-citizen can work in Australia and can use VEVO with the visa holder permission. Visa conditions may limit hours, type of work or employer. The contract therefore includes a work-rights responsibility field where the organiser is employing or engaging a visa holder.

For child-facing performances, workshops, schools or vulnerable audiences, the parties should record Working With Children checks, supervision, photography permissions and safeguarding rules. Those duties vary by state and event type, so the contract flags them rather than guessing a single national form.

Clause-by-clause guide

Engagement details

Names artist, organiser, venue, date, call time, show length, rehearsal and sound-check.

Technical rider

Sets stage, sound, lighting, equipment, power, security, access and hospitality requirements.

Fee and GST

Sets deposit, balance, GST status, tax invoice, expenses and late payment.

Cancellation

Prices organiser cancellation, performer cancellation for cause, force majeure and committed costs.

Recording and streaming

Separates live performance from photos, clips, livestream, recording, archive and sponsor use.

Performer rights

Preserves performer rights and moral rights except for the written permissions granted.

Status and work rights

Records intended contractor or employment status and VEVO/work-rights responsibility.

Safety and checks

Allocates venue safety, public liability, Working With Children checks and crowd controls.

Australian performance checklist

Check these issues before announcing, filming or hosting the performance.

• Do not assume recording rights are included

  Performer-rights and moral-rights provisions can apply to live performances and recordings. Recordings and streams need express permission.

  Copyright Act 1968 - performers rights

• Clear underlying copyright

  Music, scripts, backing tracks, choreography, images and films may need separate licences.

• Avoid sham contracting

  Fair Work says it is illegal to represent a worker as a contractor where they are really an employee unless the business reasonably believes the arrangement is contracting.

  Fair Work Ombudsman - sham contracting

• Check work rights where relevant

  Home Affairs says employers can use VEVO with permission to check a visa holder work entitlements and restrictions.

  Home Affairs - hiring someone in Australia

• State GST treatment

  Make clear whether fees are GST inclusive or exclusive and whether a tax invoice will be issued.

• Confirm venue safety and licences

  The organiser should confirm premises, public liability, crowd management, first aid and local authority obligations.

• Check child-facing requirements

  Schools, youth events and workshops may require state-based Working With Children checks and photography permissions.

How to complete the contract

1. Enter performance details. Add artist, organiser, venue, date, call time, show length and rehearsal.
2. Attach the rider. Include sound, lighting, equipment, stage, access and hospitality requirements.
3. Set fee and GST. Enter fee, deposit, GST status, invoices, expenses and cancellation scale.
4. Choose recording permissions. Select no recording, short clips, livestream or broader recording and archive rights.
5. Check status and safety. Record contractor or employee status, work rights, insurance and event safety obligations.

Frequently asked questions

Related templates

• Actor Engagement Agreement Template (Australia)
• Artist Press Release Template (Australia)