Equitable Contracting Request

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.

To gain access to these documents, please complete the form below - it is available to all in the field. If you have any questions, please contact the Dance/USA Membership Department at membership@danceusa.org

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

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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.