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Personal Appearance Agreement
THIS AGREEMENT is made this ______________ day of ___________ 20 __, by and between ___________________ (hereinafter referred to as the "Sponsor"), a company organised, and existing under the laws of the State of _______, with its principle place of business located at ______________, and ________________, (hereinafter referred to as the "Talent"), an individual, with his or her principle place of residence at (residential address), do hereby agree to the following:
WHEREAS, the Talent shall appear on (specify time and date), at a (event/show/broadcast) for the Sponsor. The Talent shall provide the following and essential equipment: (see attached list, marked exhibit number 1). At least three working days prior to the scheduled appearance the Sponsor shall make sure that adequate support facilities are provided for the allocated equipment as follows: (see attached list, marked exhibit number 2).
Support Facility. The Sponsor shall complete and return to the Talent the attached "designated checklist" within (--) hours prior to the scheduled event. The Sponsor is responsible to provide the agreed upon support facilities or required personnel. In the event that the support facilities agreed upon are not available and/or provided, the Talent may cancel the appearance; however, the full agreed appearance fee shall be paid.
Essential Equipment. The Sponsor shall provide the following essential equipment and support: (see attached list, marked number 3). The Sponsor shall at least three working days prior to the appearance verify that all essential equipment and personnel support stated are prepared and shall submit a "ready checklist" three business days prior to the scheduled event. The Sponsor is responsible to provide the agreed upon and requested equipment. In the event that the agreed upon equipment and support are not provided, the Talent may cancel the appearance; however, the full agreed upon apperance fee shall be paid.
Conditions of Payment. The Sponsor shall pay to the Talent a complete fee of (amount of dollars) for the appearance. This fee shall be due, in full, unless the event is canceled a minimum of twenty-four hours notice prior to its scheduled start. The appearance may be extended provided that the the Talent is agreeable. An additional fee of $------ per each half-hour shall be due and payable. The Talent may condition the extension of the appearance on prepayment. Food and beverage shall be complimentary to the Talent during the hours of the event. The Sponsor shall be entitled to use the name and known image of the Talent in connection with the appearance.
Amendments of this agreement shall be by mutual consent of 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, the parties have executed this agreement the day and year as first above written at _________ (City), ________ (State).
*** 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.
My commission expires: _____