Performer’s Ongoing Partnership Deed

This sample Performers Ongoing Partnership Deed should be used when a group of performers want to form a partnership for the purpose of putting on shows/projects/performances

Arts Law strongly recommends using partnership deeds as soon as possible when forming a partnership as it is much easier to lay down ground rules for working together while you are getting along and before any money is at stake. This will also make your life much simpler (and cheaper!) if, somewhere down the track, a dispute arises between performers. A written deed will give you a much clearer understanding of each performer’s rights and obligations and will also provide you with a framework for making decisions as a partnership.

Each State has its own Partnership Act. A partnership is the legal relationship between people "carrying on a business in common with a view to profit". "Business" is defined as including "every trade, occupation or profession". You do not need a written or verbal agreement with a person or a group of people to be legally involved in a partnership. If you are "carrying on a business in common with a view to profit", you are legally partners. This means that if you work together in a performance partnership, a partnership is likely to exist even if you do not document the terms of your partnership in a written deed. If ever there is a dispute about each performer’s rights and obligations, a court will have to apply the relevant State Partnership Act. The court’s decision may produce an outcome quite different from what you actually had in mind.

If the performers want to form a partnership for the purpose of putting on a one-off show/project/performance, Arts Law's One-off Performance Partnership Deed is more appropriate.