What should a Live Performance Agreement include under Thai law?

1. Definitions and Interpretation
2. Engagement
3. The Performance
4. Organiser's Obligations
5. Travel and Accommodation
6. Fee and Payment
7. Taxes
8. Cancellation and Postponement
9. Recording, Broadcast and Publicity
10. Radius Restriction
11. Confidentiality and Personal Data
12. Liability
13. Termination
14. Notices
15. Governing Law and Disputes
16. General

• A performance engagement 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 Artist pays the duty (Clause 7.3). 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.

• Fees paid in Thailand to singers, musicians and other entertainers are usually subject to withholding tax at the rate for public entertainers, which differs from the rate for an ordinary hire of work. The Organiser withholds and issues a certificate (Clause 7.2).
• A foreign Artist who performs in Thailand is taxable in Thailand on that income, and the Organiser must withhold under the rules for non-residents; because you ticked gross-up, the Organiser bears that tax on top of the Fee. Ask an accountant before paying.

• Foreign Performers need a suitable visa and permission to work before performing, even for one night. Send passport details at least 30 days before the Event (Clause 5.2).
• The Organiser needs the event, noise, fire safety and (if relevant) alcohol permits, and licences for the public performance of the songs from the music copyright owners or their collecting societies (Clause 4.2).

• The Organiser may take photos and short clips (up to 60 seconds each) only to report on the Event and promote future editions (Clause 9.1). A full recording, live stream or use in advertising needs the Artist's written consent.- The Organiser may use clips of up to … minutes in total on its own channels for 12 months after the Event (Clause 9.1). Delete or archive them when the period ends.- The Organiser may record and use the full Performance only as agreed: … (Clause 9.1). It must also have a licence for the songs from their owners (Clause 9.2), and give the Artist a copy within 30 days.
• Sponsors may not present the Act as endorsing their products without the Artist's written consent (Clause 9.3).
• Tell the audience, on tickets or signs at the entrance, that the Event may be photographed and recorded.

• Keep the contact numbers in Schedule 1 on hand; urgent notices may be given by telephone on the day and confirmed by email (Clause 14.2).
• If the stage or power is unsafe, the Artist may stop until it is fixed (Clause 4.4). Take photos of the problem and message the Organiser's contact at once.
• The balance is due before the Act goes on stage (Clause 6.1). Agree who will bring the transfer confirmation.

• If the Organiser cancels at least … days before the Event, the Artist keeps the deposit; later, the Organiser pays …% of the Fee (Clause 8.1). A Thai court may reduce an amount that is excessive compared with the Artist's actual loss, for example if the Artist books another show that night.
• If a key Performer falls ill, send a medical certificate and try to agree a new date (Clause 8.4).

• Keep the signed PDF, the Riders, the transfer slips, withholding tax certificates, and messages about changes to times or line-up. 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-F702F0. If you reuse this content, please credit the author and link to the original.