Here is some advice from Brian Lukasavitz
of the Lukasavitz Law Group, LLC.
Whether you are planning a backyard event for
a small group or coordinating an outdoor
festival
for
thousands,
understanding
performance and vendor contracts can be
challenging but crucial, especially if something
goes wrong. As an attorney that specializes in
contracts for the arts and entertainment
industry, I am all too familiar with agreements
that are poorly drafted. With every performance
or vendor contract it is crucial for the planner
to understand the terms of what should happen
if the event is cancelled. My contracts include
clauses that stipulate how situations are to be
handled should there be a cancellation. It is
important for the planner to appreciate the
timing and repercussions on the decision to
cancel. My advice for planners is to carefully
review what those clauses require based on who
cancels, when they cancel and what percentage
of fees are to be paid (if any) depending on how
the cancellation occurs.
Every contract or agreement has its own
particular nuances, but the goal of each contract is
the same; to set the terms for each entity as to how
to fulfill the terms of the agreement when all goes
as planned, but also how to resolve unexpected
issues that may arise, should things not go as
planned. When drafting contracts, I begin by getting
as much information about the event as possible.
Once it is established how the agreement is intended
to be executed, my goal is to also include as many
provisions for the reasonably anticipated
“what-ifs”. No one wants to think about how the
agreement could fall-apart, but it is important in
the contract to include terms for how both parties
agree to resolve is