Do Contracts Make You Nervous?
I’ve been drawing up an agreement (contract) for the production at the distillery. I’m actually a mediator, as well as playwright, so I have a lot of experience writing durable agreements.
But boy, did I have a hard time writing an agreement for myself! I can be objective when it’s for other people.
A mediator friend of mine reviewed it for me, which I appreciated.
The Text of the Agreement
This Agreement is entered into voluntarily by and between ________ (“Producer”) and _______“Distillery”), which is represented by _______. He (she) states that he (she) has authority to bind Distillery to this agreement.
The Producer agrees to bring to the Distillery a simple production of the Producer’s play “Lessons from the Still.” The production will consist of actors reading from scripts, standing in front of the audience. It won’t need any special lighting, sound effects, or staging.
The dates for the production are _______, and _______. Starting time for the reading is 7:00 p.m. The reading lasts approximately 80 minutes, without an intermission.
The Producer agrees provide to publicity materials, which the Distillery is free to use or not. These publicity materials will consist of a press release, 20 tweets, 10 Facebook posts, and text for flyers. The Producer also agrees to provide a list of at least 10 newspapers and bloggers that the press release can be sent to. These publicity materials will be delivered electronically to the distillery by _______.
The Distillery agrees to provide space for the reading, suitable for accommodating six actors and anything else the Distillery needs for the event.
The Distillery agrees to handle all ticket sales.
The Distillery agrees to handle publicity, e.g., distribute the press release, post to Twitter, post to Facebook, and print and distribute flyers.
The Distillery agrees to let Producer take photographs of the event and use them as publicity for future productions, without any restrictions whatsoever. Distillery may also use these photographs as publicity for the Distillery, also without any restrictions.
The terms are as follows:
- The fee due by the Distillery to the Producer, per performance, is 60% of ticket sales with a $500 minimum.
- The Distillery keeps all proceeds from product sales, sponsorship, donations, ad sales, etc.
- The Distillery pays a deposit of $250 to hold the performance dates. The deposit is due _____. The balance of the fee is due one week after the second (and final) performance. The deposit is not refundable.
If any disputes arise as a result of this Agreement, the Distillery and the Producer agree to first use mediation in the State of Washington to attempt to resolve the disputes.
You’re welcome to read this agreement (obviously, since I posted it :-)), and to use it if it’s useful for you. But if you do, it’s at your own risk, without warranty or liability of any kind.