The memo says what was agreed. The contract says what happens when the agreed thing does not happen.
What it adds
- Cancellation terms on both sides, with dates and amounts
- Force majeure
- Insurance and liability
- Recording and streaming rights for the performance
- Tax and withholding responsibilities
- Which country's law applies and which court hears a dispute
Whose paper
Usually the agency's. Larger promoters and festivals issue their own and expect the agent to mark it up. Neither version is standard and both get amended.
Practical points
Set length, curfew and the rider should be attached rather than described, so there is one version of each. Signature is often the last thing to happen, sometimes on the day itself, which is why the Deal memo carries so much weight. For cross-border shows in the EU, attach the artist's tax residency documents, or the promoter deducts the full local rate.