Dance/USA is pleased to provide resources on contracting for dancemakers.
2022 Equitable Contracting Resource
The Dance/USA Equitable Contracting Joint Working Group is thrilled to announce a new equitable contracting resource! The resource 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.
Watch a Presentation about the Materials
Dance/USA offered a presentation about the equitable contracting resource in late 2022 featuring members of the Joint Working Group and the legal clinic at Stanford Law School. Watch the recording to learn more about the materials.
Access the Materials
To gain access to the equitable contracting resource, please complete this form.
ABOUT THE RESOURCE
The resource consists of four (4) documents:
- Cover Memo
- Engagement Agreement Resource
- Additional Provisions Resource
- Cheat Sheet Resource
We suggest that you review them in the order below.
1. 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.
2. 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.
3. 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.
4. 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
Please complete this form to gain access to the equitable contracting resource.
If you have any questions about the 2022 Equitable Contracting Resource, please contact the Dance/USA Membership Department.
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.