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The Equitable Contracting Resource, created by the Dance/USA Equitable Contracting Joint Working Group, reflects the continuation of a 2+ year effort from Dance/USA and colleagues in the dance community to create tools that support more equitable contracting in dance touring.
The resource documents, which are described below, were prepared by the legal clinic at Stanford Law School.
What’s inside?
The Equitable Contracting Resource consists of four (4) documents:
Cover Memo
Provides background information and an overview of three documents: a generic Engagement Agreement, a set of additional contractual provisions, and a “cheat sheet” summary.
Engagement Agreement Resource
Reflects an effort to express equitable contracting themes in contract format and language.
The document:
- titles the contract an “engagement” not “performance” agreement
- sets out a shared goal of treating the engagement as a relationship, not a transaction
- establishes a staged compensation structure
- includes force majeure terms that are mutual and do not allow for immediate termination of the agreement
- provides for retention by the artist of pre-performance payments if the engagement is cancelled by reason of force majeure
- includes balanced cancellation terms
The format and style are designed to be user-friendly and responsive to transparency and contract literacy considerations.
Additional Provisions Resource
Contains a variety of contractual provisions. It is intended to serve as a reference for addressing specific concerns that may arise in a negotiation that are not covered in the generic contract resource.
Cheat Sheet Resource
A one-page document summarizing key contract terms and is envisioned as a tool for use in contract walk-throughs and the like.
Please note, these materials:
- are centered specifically around Dance Touring & Presenting
- are not intended as templates but instead as resources and idea-starters
- should be viewed as an effort to take another step in the process toward field-wide change
If you have any questions about the Equitable Contracting Resource, please email advocacy@nulldanceusa.org.
Watch a Presentation about the Materials
Dance/USA, the other groups noted above, Stanford Law School, and Dance/USA’s other collaborators in preparing these materials, are not providing legal or business advice in making these materials available. The materials are intended solely as resources and idea-starters for Dance/USA members and other interested parties. Dance/USA encourages users to consult with counsel regarding use of these materials in preparing and negotiating contracts, including relevant considerations under local law. None of the organizations and individuals noted above are making any representations, warranties, promises, or guarantees regarding the materials’ suitability for particular artists, companies, or presenters.