DIY Legal Forms

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Performance Agreement

Dated this day of ________________, month of ________________ 20 __.

--------------------------, referred to as Performer, and -------------------------, Sponsor, agree:

Performer will provide entertainment consisting of on [Date]. The performance will last approximately minutes.

Performer will provide all necessary properties and materials for the event. Sponsor shall provide the following facilities and supplies:

Upon request of the Performer, Sponsor will permit an examination of the premises for the performance on the day prior to the event. In the event that Performer requests an opportunity to examine the premises and the Sponsor fails to do so for whatever reason, Performer shall not be responsible for any failures during the performance caused by any events which could have been resolved in an examination of the premises.

Performer shall obtain all performing rights clearances if any, required for materials requiring such clearances. As to all other materials, Performer represents that Performer is the author and owner of the rights to such materials and will indemnify Sponsor from all claims related to such materials.

The relationship created by this agreement is that of an independent contract.

The total fee for the performance shall be $------. A deposit of $------ shall be paid either with this agreement or no later than [Date]. The agreement shall be void in the event that the agreed deposit is not made within the time limit specified. Payment of the balance shall be due prior to the commencement of the performance.

The event may be canceled no later days prior to the scheduled date. However, if the event is canceled by Sponsor after this date the damages to be suffered by the Performer will be difficult of ascertainment; as liquidated damages, and not as a penalty, Performer shall be entitled to retain the deposit.

The parties agree that in the event that the Performer cancels the performance, the damages to be suffered by the Sponsor will be difficult of ascertainment; and, as liquidated damages and not as a penalty, the Performer shall refund any deposit made by the Sponsor.

Amendments of this agreement shall be made by the parties only in writing.

Arbitration. Any disputes pertaining to the the said contractual arrangement being affairs that cannot be settled amicably shall be submitted to an arbitrator under the Rules of the American Arbitration Association or like organization in the City of [city], whose award may be reduced to judgment in any court of competent jurisdiction.

Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

Waiver Of Contractual Right. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

No Representations. Neither party has made any representations nor promises, other than those contained in this agreement or in some further writing signed by the party making the representation or promise.

Interpretation. This Agreement will in all events be construed as a whole, according to its fair meaning, and not strictly for or against a party merely because that party (or the party's legal counsel) drafted the Agreement. The headings, captions, and titles in this legal Agreement are merely for reference and do not define, limit, extend, or describe the scope of this Agreement or any provision herein. Unless the context requires otherwise, (a) the gender (or lack of gender) of all words used in this Agreement includes the masculine, feminine, and neuter, and (b) the word including means including without limitation.

Advice Of Legal Counsel. Each individual party to this Agreement represents and warrants to each other party that such party has read and fully understands the terms and provisions hereof, has had an opportunity to review this Agreement with legal counsel, and has executed this Agreement based upon such party's own judgment and advice of independent legal counsel.

Invalid Provisions. If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. This Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement. Furthermore, in lieu of each such illegal, invalid, or unenforceable provision, there will be added automatically, as a part of this Agreement, a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid and enforceable.

Further Assurances. In connection with this Agreement and the transactions contemplated hereby, each party to this Agreement will execute and deliver any additional documents and perform any additional acts that may be necessary or appropriate to effectuate and perform its obligations under this Agreement and the transactions contemplated hereby.

Entire Agreement. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.

Applicable Law. This Agreement shall be governed by the laws of the State of _____.

IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.




*** If Required By State Law ***

This Section for Notary:


State of _________

County of ________ [COUNTY]

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.

Signature ________

My commission expires: _____