What should an Audio-Visual Production Services Agreement include under Thai law?

1. Definitions and Interpretation
2. Services
3. Venue, Power and Rigging
4. Content
5. Technical Check
6. Show Operation and Failures
7. Recording
8. Equipment Risk and Security
9. Noise and Permits
10. Fee and Payment
11. Taxes
12. Postponement, Cancellation and Force Majeure
13. Portfolio and Personal Data
14. Insurance and Liability
15. Termination
16. Notices
17. Governing Law and Disputes
18. General

• An agreement to supply and operate AV equipment for an event is generally treated as a hire of work (Instrument 4 of the Stamp Duty Schedule). Duty is 1 THB for every 1,000 THB or part of 1,000 THB of the Fee. On the Fee you entered, the duty on the original is the amount the system calculates from the figures entered, and each counterpart carries the amount the system calculates from the figures entered.Because the Fee is in …, convert it to Thai Baht at the exchange rate on the date of signing and calculate the duty on the Baht amount.
• The AV Company pays the duty (Clause 11.3). For electronic signing, use the Revenue Department's e-Stamp Duty system within 15 days after signing. An unstamped agreement cannot be used as evidence in a Thai civil court until the duty and a surcharge are paid.

• A Thai company that pays the Fee usually withholds tax at the rate for services or hire of work and issues a withholding tax certificate (Clause 11.2); because you ticked gross-up, the Client bears that tax on top of the Fee.

• Check the technical plan received 7 days before Load-in (Clause 2.3), and send it to the Venue so that it can confirm rigging points and power.
• Send all Content at least … hours before the Show (Clause 4.1). Late or wrongly formatted files are the most common cause of on-screen problems.
• Make sure the Event has a licence for the public performance of music, and that you have the right to use the music and clips in your Content (Clause 4.3).
• Ask for the certificate of insurance 7 days before Load-in (Clause 14.1).

• Attend the Technical Check and sign the checklist only after testing microphones, playback, screens and lighting cues (Clause 5).
• Report any failure to the crew chief immediately, note the time it started and ended, and confirm it in writing within 3 Business Days (Clause 6.3).
• If a Critical Failure occurred and you intend to deduct …% of the Fee for it (Clause 6.2), say so in writing before or when you pay the balance. Paying in full without reserving the deduction may be treated as giving it up.
• Keep the audience and guests away from the Equipment and the control position; loss or damage caused by them is charged to you (Clause 8.3).

• Cancellation charges on the Fee: …% with at least … days' notice before Load-in, …% with at least … days' notice, and …% after that (Clause 12.2). A Thai court may reduce a charge that is excessive compared with the AV Company's actual loss.

• Keep the signed PDF, Schedule 1, the technical plan, the signed Technical Check list, messages about failures, the delivered recording files and payment slips. A Thai court works in Thai, so English documents need a certified Thai translation in a dispute.

Compiled from the notes that accompany the English contract templates on this site, published by Phuwara Krobtaku (ภูวรา ครอบตะคุ), Thai attorney-at-law, licence no. 477/2558. The short answer and summary at the top of this page are put together by the site from the template's clause headings and notes. Statutes are quoted only in the official Thai text: Thai is the only official language of Thai legislation, and an unofficial translation can mislead. Article registry OKC-61C266. If you reuse this content, please credit the author and link to the original.