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1. The basics
Legal or business names of the engager and the professional artist
Identify who is involved and what is being agreed to.
Example:
“This Agreement is between [Engager’s full legal name and address] and [Artist’s full legal name and address]."
Term of the contract
Clarify start date, end date and key phases (e.g. rehearsal or preparation period, and performance dates).
Examples:
“This contract is effective from [start date] until [end date], unless otherwise adjusted in accordance with this agreement.”
“Rehearsal period will run from [date] to [date]."
"Sound check will take place on [date].”
"Performance will occur on [dates]."
Description of the work, production or activity
Describe the performance, content, duration and any specific requirements.
Examples:
“Artist will perform a [length]-minute set of [type of performance] at [venue].”
“Artist will present [title of work] as part of [festival/event] on [date].”
2. Payment
Financial considerations
Clearly state the amount the artist will be paid for their work.
Where appropriate and/or required this should include detailed reference to specific rates outlined in industry-standard fee scales.
Examples:
“The Engager will pay the Artist a total fee of [dollar amount], based on the recommended fee for [artistic activity] as outlined in [industry-standard fee scale].
“The Engager will pay the Artist [dollar amount] for this performance and [dollar amount] for set up and sound check."
Terms and conditions
Outline the terms and conditions of payment including the date(s) when payment will be made and the date of delivery of the work, presentation of the production, or start of the activity.
This can also include method of payment, instalments and other considerations like accommodation or travel expenses.
Examples:
“Artist will receive [percentage] of ticket sales payable within [number] days.”
“The Engager will cover travel expenses up to [amount] and provide accommodation at [location].”
3. Termination, disputes and liability
Termination and compensation
Outline notice period and any compensation required if either the engager or the professional artist ends the contract before completion.
Examples:
“Either party may terminate this agreement with [time period] written notice.”
“In the event of a force majeure, circumstances beyond either party’s control that prevent the work from proceeding, this agreement may be suspended or, if necessary, ended without penalty [if agreed by both parties / as outlined here].”
“If the [Engager/Artist] terminates with less than [number] days’ notice, the Artist will be paid [percentage/amount] of the agreed fee.”
“If the Artist or Engager cancels for reasons beyond their control (e.g. weather, illness), both parties will [make good faith efforts to reschedule/other details].”
Dispute-resolution mechanisms
Describe how disagreements will be handled if they arise.
Examples:
“Both parties agree to attempt mediation before pursuing legal remedies.”
“Any disputes will be governed by the laws of [Province].”
Health, safety, liability and insurance
Address any parameters related to health and safety, insurance, and third-party liability that are included in or excluded from the contract.
Examples:
“While on site, Engager will provide a safe work environment for the Artist in keeping with [organization] standards.”
“If on-site storage of the Artist’s [equipment/materials] is required by the Engager, the Engager will provide [specified level] security for those items.”
“The Engager will maintain [type of] insurance to cover audience liability for the event, in keeping with [organizational/venue] requirements.”
“Insurance coverage for equipment during transport will be the responsibility of [artist/engager/agent].”
4. Copyright and licensing
Use and copyright
If the artist consents to a transfer any rights or grant a licence, outline any limitation on the use of the work or production or on its reproduction or distribution.
Copyright applies to original artistic works in a fixed material form and means that a copyright owner has: the sole right to produce to reproduce that work, the sole right to perform work or if the work is unpublished, the right to publish it.
To find out more, review Copyright in Canada.
Examples:
“The Artist retains all rights to original material incorporated into the performance, including recordings, reproductions, or broadcast.”
“Artist consents to [photographic/audio/video] documentation of the performance for archival purposes and for promotional purposes associated with [opportunity/company/ production] provided appropriate credit is given.”
Future use
If the artist consents to transfer any rights or grant a licence, provide a clear description of how the engager is allowed to use the work or production in the future (in its original form or in reproduction).
Examples:
“Any recording, livestreaming, broadcast, or future use of the performance requires the Artist’s prior written consent, including details of where and how the material will be used.”
"If the performance is later incorporated into a commercial release, the Artist will receive additional compensation of [amount/percentage], to be agreed upon in writing.”
“The Engager may use the recording for [original purpose]. Any further use, including [examples], will require a new fee of [amount/percentage] payable to the Artist.”
Transferability
If the artist consents to granting a licence, state whether or not the licence granted to the engager under the contract is transferable to a third party.
Examples:
“The licence granted under this agreement is non-transferable and may not be assigned or sublicensed to any third party.”
“Any request to transfer, assign, or sublicense rights granted under this agreement must be submitted to the Artist in writing."
“The Artist permits the Engager to transfer the licence to [third party], for the limited purpose of [specific use], for a period of [time], with additional compensation of [amount/percentage] payable to the Artist."
Moral rights
If the artist consents to any waiver of moral rights, outline the consideration (payment or benefit) the artist will receive.
Moral rights are concerned with the natural and inherent rights of a creator, and include the right of anonymity, the right of integrity, and the right to be credited for the work. Moral rights cannot be assigned or transferred but can be waived. Even if copyright is assigned, the creator continues to hold the moral rights to the work.
Examples:
“The Artist retains all moral rights. The Artist acknowledges that technical edits such as [cutting/mixing/reformatting] may be made to the recorded performance, provided such edits do not distort the integrity of the Artist’s work.”
Copy-and-paste checklist
Artists and Engagers can use this checklist as a foundation or prompt when building a contract template or reviewing an existing agreement for completeness. While it can help guide the process, it remains important to ensure the final contract is accurate and meets any legal requirements for the situation.
Draft: Draft a contract between an Artist and an Engager using the checklist below. Follow the structure of the checklist and include clear, plain-language clauses for each item. Leave blanks where specific details should be filled in.
Compare: Review a contract using the checklist below. Identify which elements are present, which are missing, and whether any sections need clarification or strengthening.
Revise: Revise a contract so that it aligns with the checklist below. Strengthen unclear sections, add any missing elements, and ensure the language is clear and consistent throughout.
Contract elements checklist
1. Agreement
1.a. legal or business names of the engager and the professional artist
1.b. term or duration of the contract
1.c. description of the work, production, or activity covered by the contract
2. Payment
2.a. artist fee
2.b. terms and conditions of payment
2.b.i. payment schedule and due dates
2.b.ii. delivery dates for the work, presentation, or activity
2.b.iii any additional payment conditions
3. Termination, Disputes & Liability
3.a. notice period and compensation if the contract ends before completion
3.b. dispute-resolution mechanisms
3.c. health and safety, insurance, and third-party liability inclusions or exclusions
4. Copyright & Licensing (if artist consents to transfer or rights or granting a licence)
4.a. limitations on use of the work
4.b. limitations on future use (original or reproduction)
4.c. consideration for any waiver of moral rights
4.d. consideration for any third-party licencing or transfer or rights