This sample Contractor Agreement for Performers should be used when a performer is being contracted to perform in a production. If the performer is being engaged as an employee rather than a contractor, Arts Law’s Employment Agreement for Performers will be more appropriate.
This sample agreement includes the most common terms which the person or organisation acquiring the services of the performer and the performer will need to consider and agree to.
Warning: This sample agreement is relevant where an employment rather than "principal – contractor relationship" exists. Whether an artist is an employee or a contractor is a question of fact and varies depending on the circumstances. If a relationship of employment exists, certain minimum conditions of that relationship are governed by the Fair Work Act (Act). The Act applies where the employer is a "constitutionally covered entity", which includes a constitutional corporation and a state or territory incorporated body. To be a constitutional corporation a business entity must be an incorporated body which is a trading, financial or foreign corporation. A not for profit incorporated association is an example of an "incorporated body". For specific advice on whether an employer or employee falls within the Federal legislation, the performer or his/her employer should contact the Fair Work Ombudsman on 13 13 94 or seek legal advice. If a performer is an "employee" and the Act applies, there may also be awards which specify the minimum conditions governing that relationship and apply specifically to the relevant industry. For example, the Broadcasting Recorded Entertainment Award 2010 applies to certain performers and their employers.
IF YOU HAVE PURCHASED A PDF VERSION, YOU MUST TYPE UP THE AGREEMENT AS YOU CANNOT CUT AND PAST ANY PART OF THE DOCUMENT.