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THIS AGREEMENT made on [Date] by and between [Name] of [Address], hereinafter referred to as "Artist", and [Name] of [Address], hereinafter referred to as "Client". For the mutual promises, obligations and considerations set forth herein, the parties agree to be bound as follows:
1. General Provisions. Artist hereby agrees to perform at the following event:
PERFORMANCE TIME: BEGIN: END:
Artist shall provide all equipment necessary for his performance except that equipment otherwise specified in this contract. Further, Client shall provide other acts, performers or entertainment at this event other than Artist. Artist is not to be the only performer/entertainer for the event.
2. Equipment/Materials to be Provided by Client. Client shall provide the following equipment and/or materials:
If equipment of these specifications is not available, Client must obtain Artist's consent to the use of substitute equipment of like kind and quality. Client warrants that all equipment shall be in proper working condition. Artist shall not be responsible for any interruption, delay or non-performance of all or part of his performance under this contract due to failure of any equipment provided by Client under this paragraph.
3. Recording/Taping. Unless specifically authorized by Artist at the time of performance, there shall be no taping or recording of his performance by any means, including but not limited to audio, visual, magnetic, analog, digital, DAT or MiniDisc. Client shall assure that no other person records or tapes Artist's performance, including but not limited to the contractor or individual providing sound and/or audio services for the event.
4. Venue/Licensing/Permits. Client agrees to provide a safe and secure venue for performance with all necessary permits and licenses for the event stated above. Where required, Client also agrees to be responsible for obtaining and/or reimbursing Artist for any work permits necessary by local law.
5. Client's Designee/Point-of-Contact. Upon arrival, Client shall designate one (1) individual who shall be an agent of the Client who shall serve as the point of contact between Client and Artist. This individual must be available throughout the entire performance time, including all times prior to and following performance to assist Artist as necessary. If Artist is arriving in the performance city by means of common carrier, this individual shall remain with Artist from the time of arrival throughout the time of departure, as dictated by Artist. For all time periods specified in this contract, this individual shall remain sober and free from the influence of any drugs or alcohol. Determination of sobriety shall be made in the sole and reasonable opinion of Artist. Breach of this sobriety provision shall be deemed a default under this contract and Client shall be liable in suit for double the full contract price set forth herein as liquidated damages.
6. Loss for Non-Performance. Artist assumes no liability for non-performance for reasons outside of his direct and immediate control, including, but not limited to acts of God, fire, acts of federal, state and/or local authorities and airlines, railways, taxis or other common carriers. In the event that performance by the Artist is made impossible due to such an occurrence, the deposit paid by the Client shall be retained by Artist as liquidated damages. In the event that the cause of non-performance by Artist is within his exclusive control, any deposit paid shall be refunded to Client within [--] days of the performance date.
7. Transportation to/from Performance City. Where the city of performance under this contract is greater than [--] miles from [Destination] (as verified by Google! on-line driving maps), Client shall be responsible to provide round-trip air transportation for Artist and to pay all costs associated with such transportation. If air transportation to the performance city is not available or is not practical, transportation by other forms of common carrier may be supplied and must be approved by Artist in writing not less than [--] days prior to the performance date. Where the city of performance is less than [--] miles from [City] (as verified above), Client is responsible to pay for all fuel, tolls and other associated expenses related to round-trip automobile travel by Artist.
Fuel cost shall be calculated at [--] miles per gallon multiplied by the average [City] area cost for regular, unleaded fuel at the time of entry of this contract. Toll cost shall be the actual toll cost for travel on toll highways to the performance city. The amount derived from these calculations for automobile travel shall be paid at the time of the deposit. Client shall remain responsible for any increase in the cost of fuel or tolls as of the performance date and shall pay any increased cost to the Artist at the time of the payment of the balance of this contract.
8. Water/Laminates/Lodging. Client shall provide free bottled water or other suitable beverage to Artist throughout the entire period from arrival until departure from the venue. At his own option and expense, the Artist shall be permitted to bring his own beverage to the performance venue for his personal consumption. Client shall provide laminates or passes for Artist and [--] guest. Where the venue for performance is greater than [--] miles from [Enumerate], Client shall provide hotel accommodations (one room) with guaranteed late check-out. Hotel must be less than [--] miles from the venue location unless prior arrangements are made with Artist and so noted in this contract.
9. Promotion/Advertising/Use of Name. Client shall not publicize in any manner (including, but not limited to, fliers, web pages or web publication in any form, e-mail promotions or announcements and any other form of written, electronic, digital, graphic or spoken mediums) the name [Name] or any variant thereof until such time as a signed contract and deposit have been paid by Client and received by the Artist and/or his agent. Further, in any type of publication or promotion which may be permitted under this Section, Client shall list the Artist as [Enumerate]. Failure of Client to strictly abide by this clause shall result in an immediate default under this contract which shall terminate the obligation of Artist to further perform under the terms of this contract and to retain the deposit paid by Client as liquidated damages.
10. Ground Transportation. In any case where the Artist is arriving by common carrier (airplane, train, bus or other such means), Client shall assure that an agent of the Client's is present to meet the Artist at the time of his arrival. If Client's agent is not present at the time of arrival or fails to identify himself or herself to the Artist, it shall be within the sole discretion of the Artist, after [--] minutes following his arrival, to take whatever from of transportation is available to him to be transported to the venue or to his hotel. Any cost associated with this transportation shall be paid by Client to Artist prior to performance. Any individual assigned to transport Artist shall, for all time periods specified in this contract, remain sober and free from the influence of any drugs or alcohol. Determination of sobriety shall be made in the sole and reasonable opinion of Artist. Breach of this sobriety provision shall be deemed a default under this contract and Client shall be liable in suit for double the full contract price set forth herein as liquidated damages
11. Insurance/Indemnity. Client, for itself, its successors and assigns hereby agrees to indemnify, defend and hold harmless Artist from and against all losses, liabilities, claims, demands, causes of action, damages, costs, including reasonable solicitor fees, and expenses of every kind and nature, whether or not covered by insurance, arising out of, resulting from or caused by, in whole or in part, any act, omission, negligence or fault of Client, its agents or employees in connection with this contract, including but not limited to, those in connection with loss of life, bodily injury, personal injury, damage to property, any liability for fines, fees or penalties for violations of any statutes, ordinances, codes, rules or regulations. This obligation to indemnify, defend and hold harmless the Artist shall survive termination of this Agreement.
12. Payment. In exchange for the services specified in this contract, Client agrees to pay to Artist the total sum of [$------]. Client shall also provide in addition to this price, any travel or hotel arrangements as required under this contract. Client agrees to pay [--%] percent of the total fee stated above and the full amount of any automobile travel expenses which may be required under the terms of this contract as a deposit Until such time as this properly signed and executed contract and payment of the deposit (including final verification and posting of any deposit in the form of a certified check is made by the bank), this contract is not deemed to be complete and the date of performance set forth herein is not finally confirmed by the Artist. Deposit must be made in the form of a postal money order or an official certified check in the name of [Name]. All deposits must be received not less than [--] weeks prior to the performance date.
13. Payment of Balance. Client agrees to make full and final payment of the balance due under this contract at the time the Artist arrives at the performance venue. Final payment must be made in cash.
14. Default or Non-Payment by Client. Client shall be deemed to be in default of any balance which remains unpaid under this contract as of the performance date and time set forth in this contract and shall be subject to suit or other means of collection of this unpaid balance. Unpaid balances shall accrue at an interest rate of [--%] percent annually [--%] per month. Client shall be responsible for all costs, filing fees and reasonable attorney fees required in the collection of the unpaid balance. Reasonable attorney's fees shall be presumed by the parties to be set in an amount equal to the full contract price as stated on the attached Invoice and said fees shall be subject to collection in suit. Should Artist agree to other or later terms of payment than specified in this contract, such agreement shall not waive any rights of the Artist to collect and enforce any or all amounts due hereunder at any time under the strict terms of this contract.
15. Jurisdiction and Venue. The parties agree that any dispute, controversy or claim arising under or in connection with this agreement or its performance by either party shall be decided exclusively by and in the federal courts sitting in the State of [State]. For such purpose, each party hereby submits to the personal jurisdiction of the state and federal courts sitting in the state of [State], and agrees that service of process may be completed and shall be effective and binding upon the party served if mailed by certified mail, return receipt requested, postage prepaid and properly addressed to the party as set forth elsewhere in this agreement. Each party waives any objection to the personal jurisdiction of such courts and agrees that it shall be barred from asserting any such objection, as long as any process is served in accordance with the foregoing.
In the event that a party refuses to accept delivery of such process, then process may be served upon the Secretary of the [Name] in the same fashion, whereupon such service shall be deemed to have been made upon the refusing party as fully as if process had been accepted. Each party hereby agrees to and does hereby waive any right to assert or move for transfer of venue to any court outside the United States, based upon the doctrine of forum nonconveniens or otherwise. Each party further acknowledges and agrees that this paragraph has been negotiated at arms' length and that it is a knowing and voluntary agreement.
16. Construction. The parties hereto have negotiated this agreement at arms length and no provision shall be construed against any one party because of the nature of its performance hereunder, its draftsmanship of a particular provision or any presumption as to inequality of bargaining power or otherwise. The parties have attempted to write this agreement without any ambiguity in terms and desire that any subsequent interpretation or construction be resolved in a manner to eliminate any apparent ambiguity.
17 Cancellation. Client agrees to provide Artist and/or his agent written notification to be received by the Artist and/or his agent not less than [--] days prior to the performance date set forth on the attached Invoice in the event of cancellation of the event. If timely notice of cancellation is received by Artist, refund of the deposit, less any reasonable, actual expenses already incurred by Artist for the performance, shall be returned to the Client within sixty (60) days of the receipt of notice. Failure to provide such notification will result in non-refund of the deposit as liquidated damages.
18 Headings. The paragraph and other headings in this agreement are provided for convenience of reference only and shall not be included in any interpretation or construction of the substantive provisions hereof.
This writing contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior oral or written representations, understandings, promises or agreements which are not included herein.
In Witness Whereof, each party has caused this agreement to be executed as of the day and year written below with the intent to be legally bound and with the representation that they are legally permitted to enter into valid, binding contracts.
[Name] Of Booking Agency as authorized agent for [Name]
This Section for Notary:
STATE OF -------)
) ss: [Date]
COUNTY OF ------)
On [Date] before me, [Name of Notary], notary, personally appeared [Name of Person(s) Involved], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
[Name of Notary Public]
My commission expires: [date]