What is a contract?

A contract is like a promise between people. It is an understanding, a deal between two or more people or organisations to do certain things. Each person or organisation who agrees to do something in a contract is called a party.

An agreement, or a contract, says what you and the other person or organisation have agreed to do. It is a written list of the promises you have made. The best form of contract is written on paper and signed by each party.

Some examples of contracts include:

Entry forms: when you enter your work into an exhibition, festival or competition
Consent / Release forms: when someone wants your permission to show images of you or your work in public
Gallery agreements and publishing licences: when showing work in a gallery, or if your work is published
Funding agreements: when you receive funding
Studio agreements: when working in a supported studio or a program run by an organisation

Why is a contract used?
A contract is used when people or organisations have agreed to do something together. A contract is often used to:

say what is expected of you
say what you expect of the other person or organisation
protect each other’s needs and rights
make each party more responsible for what that party promises to do
say what happens if a party does not keep its promise.

What should you do before making a contract?
Before making a contract:

Make sure you understand what is promised to you and what you are promising. You have the right to ask that a contract is explained to you with simple words before signing it. You could also ask someone you trust to read it and explain it to you.
The contract and any explanation of its meaning should meet your communication needs. You have the right to ask that a contract is provided in alternative formats, such as:
Braille
large print
Auslan interpretation
Make sure that the contract really protects your interests.
Only make promises which you can keep.
Write your contract down and make sure that everyone involved has signed it.
Get legal advice, to make sure that the contract is a good one for you.

What happens if you or the other person, organisation or party does not follow the contract?

If a person, organisation or party does not keep its promise they are in breach of your contract.
Learn how to protect yourself if an agreement has been breached in Taking action: what are the legal steps?

Summary

Make sure you understand what is promised to you and what you are asked to promise before agreeing to anything.
Ask questions and get legal advice if you don’t understand a document.
A good contract should say:
what you and the other party needs
what you and the other party promise to do
what responsibilities you and the other party have
when each party will do the things it has promised to do
what will happen if a party does not keep its promise
You have rights if the other party to the contract does not keep its promise.

Legal tips

Never sign anything that you don’t understand.
Never sign anything that you don’t agree with.
Do not promise something that you cannot provide.
Put your contract in writing.
Always keep a copy of all documents that you sign

What is Raw Law?

Learn more about these resources developed with Arts Access Victoria.