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Performing Arts Contracts

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by Tiffany Vega-Gibson

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What is a contract?

a binding agreement between two or more persons or parties; especially : one legally enforceable

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Why is it important for you to know this?

Why is it important for you to know this?

  • You need to learn how to protect yourself and know what to ask for when working as a professional in the performing arts.

  • You need to learn how to make sure that you treat your fellow performing arts professionals with respect and give them what they deserve.

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Types of Contracts

  • Licensing Agreements

  • Performer Contracts

  • Director Contracts

  • Designer Contracts

  • Other Technical Contracts (Production Manager, Technical Director, Stage Manager

  • Co-Production Contracts

  • Employment Contracts

  • Any other agreement (Such as Offering Papers, Enhancement Deals, Transfers, Etc)

Contracts

D

Contracts we will cover

Contracts we will cover

  • Co-Production Agreements

  • Offering Papers

  • Enhancement Deals

  • Transfers

  • Performer Contract (Template Provided)

  • Director Contract (Template Provided)

  • Licensing Agreement (Template Provided)

  • Designer Contract (Template Provided)

  • Stage Manager Contract (Template Provided)

Subsidiary Rights aka "Sub Rights"

Subsidiary Rights aka "Sub Rights"

  • Media Productions (like a cast album)
  • Audio/Visual Productions (Film, TV)
  • Commercial Use Products (merchandise)
  • Stock Performances (under AEA Stock Agreement)
  • Amateur Performances (non-professional actors)
  • Ancillary Performances (Theatre for Young Audiences and Concert versions)
  • Revival Performances (All performances in NYC after the producer's rights to the work have expired)

C

Other Terms to Know

Right of First Refusal: If the producer decides to production the property again, they have to offer the position or role to the person that they have the right of first refusal agreement with before they offer it to someone else. That person has the right to refuse the position first

In Good Faith: The party will do something in "good faith", meaning sincerely try to do whatever is in the agreement the term is located in. A requirement to act honestly and to keep one's promises without taking unfair advantage of others or hold others to an impossible standard. However, you aren't held liable if you don't do what your promised, but it's important that you keep it.

Impasse: When an agreement cannot be reached. A deadlock. Mostly used when speaking about collective bargaining.

B

Negotiations

Tips

  • Everything is negotiable.
  • Know what you want. Be strong but flexible.
  • Try to see the other person's point of view, but still stick to your guns.
  • Know that you may not be able to get everything that you want, but go in with a clear goal of what you will be happy with at the end.

The biggest tip of all!

BE A PLEASURE TO WORK WITH. WORK HARD. SHOW UP ON TIME AND PREPARED.You can be the best at what you do, but if people don't want to work with you, you will more than likely not find work. This is a tiny industry. We all talk to each other. Maintain a great reputation and work will be thrown at you.

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