Articles

Performance Contract Sample

NOTICE:  This IS NOT your performance contract.  It represents what WILL BE in your performance contract.  BC contract law states that contracts must be in writing, dated and signed.  Therefore, this contract will be signed by a PHONIX BAND INC representative upon your booking request and sent to YOU for signing.  

If you would like to request any modifications to this contract, please note them in the "Notes & special requests" section of your "Booking Details" form during checkout or use the Contact page on our website to get in touch.

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This contract is for the personal services of performers on the booking detailed under "BOOKING DETAILS" and is between the client described under "CLIENT DETAILS" and THE PHONIX BAND INC:  herein called PURCHASER, and herein called ARTIST.

      1. The ARTIST agrees to render to the PURCHASER personal services and the PURCHASER agrees to hire the ARTIST on the following terms and conditions:
        1. ARTIST agrees to provide all services selected by PURCHASER according to the details provided by PURCHASER under "BOOKING DETAILS"
        2. Compensation:  AMOUNT PAYABLE: Displayed as "TOTAL" in online checkout and in email invoice as "TOTAL with GST"
        3. PURCHASER to provide dinner for all band members as well as sound technician and dancers if applicable (vegetarian options are much appreciated! - Thanks)
      2. PURCHASER will make payment as follows:
        1. PURCHASER, via cash, cheque, eTransfer, credit card or PayPal, shall pay 25% of AMOUNT PAYABLE as minimum non-refundable deposit for the booking if the booking takes place inside the Greater Vancouver Area. PURCHASER, via cash, cheque, eTransfer, credit card or PayPal, shall pay 50% of AMOUNT PAYABLE as minimum non-refundable deposit for the booking if the booking takes place ouside the Greater Vancouver Area. Deposit is due upon receipt of "Deposit Request Notification".  
        2. The remaining balance shall be paid in cash or cheque on or before conclusion of booking directly to ARTIST.
        3. Cheques shall be made payable to PHONIX BAND INC.  Email money transfers may be sent to This email address is being protected from spambots. You need JavaScript enabled to view it.
        4. Mailed payments shall be sent to:
          1. PHONIX BAND INC
            c/o Reuben Avery
            2660 Phillips Ave, Burnaby BC
            V5A 2W2
      3. Expenses:  In connection with the booking described herein, the PURCHASER agrees to provide the following without charge to the musicians:
        1. Accommodation: for bookings outside the Greater Vancouver Area, when all musicians, sound technician and dancers cannot be back inside Vancouver city limits by 1am following the date of the booking, PURCHASER must provide hotel rooms for all band members, sound technician and dancers 
      4. It is hereby agreed that the undersigned ARTIST is an independent contractor and not an employee of the undersigned PURCHASER
      5. The agreement of the ARTIST to perform is subject to proven detention by sickness, accidents, riots, strikes, epidemics, acts of God, or any other legitimate condition beyond control.  If this occurs, deposits shall be returned in full to the PURCHASER.
      6. PURCHASER understands that he/she is obligated to pay for services of ARTIST unless it becomes impossible for PURCHASER to provide a place of performance due to an act of God.
      7. This contract shall be governed by the laws of the Province of British Columbia.
      8. In accordance with British Columbia contract Law, both ARTIST and PURCHASER have 10 days from the date of signing this contract to cancel with no penalty of any kind to either party.

Terms and Conditions

INTERPRETATION:

ARTIST” means The PHONIX BAND INC. consisting of the any combination of the following musicians or dance crew:

      1. Reuben Avery- Trumpet (Leader)
      2. Brandon Thornhill- Lead Vocals (Side Player)
      3. Jackie Nguyen- Lead Vocals (Side Player)
      4. Joseph Lubinsky-Mast- Bass Guitar (Side Player)
      5. Jeff Younger- Guitar (Side Player)
      6. Cameron Stephens- Drums (Side Player)
      7. Ian Cox- Keyboards (Side Player)
      8. Sandra-Mae Lyukx- Bari sax (Side Player)
      9. Michael Klein- Tenor Sax (Side Player)
      10. Project Soul- (Dance Crew)

“Booking” means the rendering of musical, dance and technician services, including performing, rehearsing, directing and music preparation under the terms and conditions specified herein;

“Leader” means the musician who (a) accepts and signs this contract on behalf of him/herself and all Side Players, Dancers and Technicians on the booking, and (b) performs on the booking;

“Side Player” means the musician who (a) is represented by the Leader with respect to this contract, and (b) performs on the booking in a support of back-up capacity;

“Dance Crew” means the dancers who (a) are represented by the Leader with respect to this contract, and (b) perform on the booking in a support of back-up capacity;

“PURCHASER” means the person who contracts the Musicians for musical services under the terms and conditions specified herein, and includes employer, purchaser, producer, promoter and contractor;

NOTICE OF CANCELLATION:  The period of notice for cancellation of the booking is two (2) weeks prior to the start date of the booking.  When the PURCHASER has not provided the Leader with notice within the period specified herein, the PURCHASER will pay the AMOUNT PAYABLE.

SUBSTITUTION:  The PURCHASER hereby authorizes that, at any time prior to or during the booking, the Leader may make a substitution of a Side Player or Dance Crew member who, because of personal or professional reasons, is unable to provide any or all of the services specified in this contract.  The PURCHASER hereby further authorizes that, upon commencement of the booking and with the approval of the Leader, Side Players or Dancers may substitute themselves for personal or professional reasons for the remainder of the booking or any portion thereof.