Contract and Rider Basics:

The purpose of this article is to provide a brief introduction to common practices used in producing contracts and riders. What is a contract? Webster’s New World Dictionary defines a contract as, “an agreement, especially a written one, enforceable by law, between two or more people.” For the purpose of examining this topic, we will define a contract as a written agreement between a performer/vendor and the sponsoring organization that establishes and confirms the specific details and obligations of both parties.

What Are the Elements of a Contract?:
There are several elements that must be present for a legal contract to exist. To be sure as to the exact requirements for a necessary contract, please review the Washington State Civil Code of Procedure, which can be found at some local libraries, at your local courthouse, or at any law library. Some of the requirements are as follows:

An offer must be made by one party and accepted by the other party.
Both parties must be legally able to enter into a contract.
a. Competent
b. Of sound mind
c. Over the age of 18
d. Understand the terms and conditions of the contract
There must be a specified amount of money or other legal consideration.
The agreement must be a written document.
There must be no misrepresentations by either party.
A legal contract can only exist for a legal purpose.

What Is A Contract Rider?:
A contract rider, also called a contract addendum, is a separate document or set of documents that are added to the basic written agreement. Most performers or vendors you will be dealing with will have a standard form already prepared. This is where information applicable to almost any engagement regarding date, place, time, etc. will be established. The contract rider normally contains information specific to the individual product or service being contracted. Another type of rider is called a technical rider, which spells out the actual physical requirements such as space, power, ground surface, labor, set up, breakdown, and so on.

If, or when, the original contract document, and any riders or addendums, are physically attached to each other, and referenced to as part of the agreement, the entire set of documents is then referred to as a CONTRACT.

What Do I Look For in a Contract and Rider?:
As you can see from the above, contracts and riders are designed for a very singular reason. The following guidelines will help ensure that the contracts your organization enters into will accomplish their purpose:

Establish clearly defined goals and objects. The contract should spell out exactly what each party is expected to accomplish, what they are expected to provide, and what time each step of the process will take place. In other words, the contract should read in such a way that any person reading it would know exactly what is going to take place. Make a list of questions regarding this provider’s performance and make sure the answers are contained in the contract and/or rider. As well as the basic information like date, show times or times of operation, the fee or consideration, and the name and address of the event location, you should also look for answers to questions such as these:

What time will the provider arrive at the event site?
Does the provider need access to the event facility for set-up prior to the event and if so, how much time is required?
When, how, and in what form is the fee or consideration to be paid?
What does the provider expect the organization to provide?
The above are just a few examples. A good way to review a contract and rider would be have an objective third person “quiz” you about the event. Someone with no knowledge of the subject will have fewer, if any, preconceptions and make no assumptions.

Read Contracts and Riders in Their Entirety:
It should go without saying that all contract documents should be carefully read and reviewed. There are many standard clauses that deal with items such as:

An “ Act of God” clause, releasing the provider from liability for occurrences beyond his/her control.
Indemnification clauses releasing the provider from liability for injuries and/or damage to property caused by the organization or its associates.
Indemnification against any third-party obligations, such as union fees.
Clarification of the providers status as an independent contractor, and not an employee of the sponsor.
Resolution of disputes through arbitration or legal proceedings.
Concession requirements such as percentages due to sponsorships from promotional items sold by provider.
Items such as the above are considered standard clauses and should be phrased in such a way as to be acceptable. They should still be read and reviewed, so that there are no surprises come the contracted event date.

This information is normally contained in a contract rider and should include answers to questions such as how much space is required? Is there access to electricity, water, and so on? Is the organization responsible for load in/out of equipment? Is the organization responsible for supervision of any equipment or activities?

It’s All Negotiable Until it’s Signed:
While a verbal commitment to a vendor is a genuine obligation and must be honored, you still technically don’t have a legal contract until both parties sign the documents. There may be some last minute changes or corrections required by either or both parties, but regular communication as the event approaches should avoid any difficuities.

After the Contract Is Signed:
As an example, say that the contract was signed months ago, and your event is one week away. The agent calls you to review the details one last time, and you find that there are some last minute changes. Do not panic, any reputable company or organization understands that circumstances change, and that you have to make allowances for these unforeseen or forgotten things. The reality of business is that things do change, and you need to be prepared and flexible enough to be accommodating whenever possible. However, you certainly have a right to be concerned if demands are made that were not specified in the original contract.

Power plays, game playing, and heated “discussions” are extremely counter-productive, particularly at this point. Remember why you are involved in the organization, and what your goal is. The provider is now a part of your organization’s team, working with you towards a common goal. You are expecting great things from this provider. Try to work towards a “Win- Win” situation, instead of a “Win-Lose!’

What About Lodging and Hospitality?:
Many times contracts and/or riders will specifically call for the sponsor or organization to provide lodging and/or a meal(s) for a provider, particularly artist and performers. There are several factors that have made this a common practice. In most instances, the providers are strangers in your town and will have traveled considerable distance to accommodate your event. Often arriving in the early morning hours, after having completed a similar event hundreds of miles away.

By having lodging arranged for in advance, these travelers have a definite destination in your community. The alternative of fending for themselves at that time of night can take several hours depending on the location. To put it another way, would you want the people responsible for making your event something special and spectacular to be fresh and well rested, or exhausted from their often rigorous and arduous travel schedule?

Hospitality or food is another item that is sometimes requested. Our opinion has always been that performers are indeed human beings and as such have to eat. If the sponsor graciously wishes to provide food and refreshments for entertainers and staff members, it is always appreciated. In addition, one will often find that a happy and grateful worker will usually go beyond the call of duty, and make a concerted effort to do their very best for you and your event as a form of Thank You. Food should always be a request, never a demand! Events normally run 5-6 consecutive hours. Staff members and entertainers do not take breaks. Consequently, many Grad Night Party members or committees have allowed personnel who are working the event to share in the refreshments and food provided for the Graduates. Again, this courteous gesture is always welcomed and appreciated, but never expected.