There are different types of contracts for different employment relationships (see Artistic status), collaborations and projects. This module outlines the most important contracts used in the cultural sphere in Germany and provides some general information on the conclusion of contracts as well as breaches of contract and possible consequences (the statements are based on German law).
The information on the conclusion of contracts should be considered particularly if one of the contract partners is headquartered abroad. If misunderstandings arise in dealing with foreign partners – which can happen quickly due to different cultural norms – one often feels especially helpless.
It is particularly important to take into account those aspects that only come into play in cross-border activities; for example, when agreeing on a dancer’s remuneration, the applicable foreigner’s tax should be considered. These aspects are also relevant if it is necessary to determine who bears the cost of transport for an exhibition project or which country’s law applies in the event of a dispute when domiciles and places of business of the parties to the contract are located in different countries.
In Germany, many model contracts are available for different needs, provided, for example, by professional associations in the cultural sector. touring artists has commissioned the annotation, and in some cases, the drafting, of several relevant model contracts. The explanations provided should be of interest to artists and persons in the cultural sector who are presented with a contract by a German contractual partner. Furthermore, they also outline what must be considered with regard to certain points when drafting a cross-border contract.