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AGREEMENT dated [date] between [name] (Performer) of [address], and [name], a corporation with principal place of business at [address] (Client).
Agreement is as follows:
01. PERFORMER OBLIGATIONS
(a) Performer will present the performance on [---] Date(s) and [---] Time(s), and at [---] location in a professional manner.
(b) During the performance the Performer will, at all times, be under the supervision of Client or its spokespersons.
(c) Performer agrees to carry out its Performance obligations under the terms and conditions of this Agreement to the very best of his/her talent and ability.
(d) Performer will observe the lawful supervision of Client regarding chosen working hours, site rules or other matters of relative importance to the performance.
(e) Performer agrees that Client may videotape or film the performance, and that Performer is acknowledged as the lawful owner of said copyright material.
(f) Performer does hereby in written consent permit Client to use said sound recording or videotape of the performance with the understanding such consent shall not be unreasonably withheld.
(g) Performer does hereby in written consent permit the use of its copyright material expressed in any such sound recording or videotape, and any permission of the Performance must be in harmony with standard industry practice.
02. PERFORMER'S FEE
(a) In respect to the acceptable conclusion by Performer of said performance, and its requirements and responsibilities under this Agreement, Client will pay Performer the following Fee as set forth below:
(b) Said Fee is inclusive of applicable local and state taxes to be paid on receipt of an official tax invoice.
(c) The Fee will be paid within [---] hours/days at the conclusion of the performance by Performer.
(d) In the unlikely event that any loss or damage is caused by Performer regardless if its intentional or unintentional, Performer will be liable to pay damages to Client, and Client shall be entitled to initiate such an monetary sum against the Fee due to Client.
03. ADVERTISING AND PUBLICITY
(a) Client must advertise the performance through all its customary and digital media networks.
(b) Performer permits Client the lawful right to use its name and authorized photographs, reproductions and life story to advertise and plug the show. Performer shall provide Client with the following publicity resources:
(1) short life history in written form;
(2) newest press releases in written form;
(3) maximum [300 dpi] resolution color images in PNG or JPEG being a minimum one megabyte in file size; and
(4) spokesperson / administration contact name(s), email addresses, cell phone number for any interview requests pre-performance.
(5) Performer agrees to incorporate the performance particulars on its official Internet website.
(6) Performer agrees to publicize his/her appearance at the coming performance through its regular digital and social media platforms.
04. OBLIGATIONS OF CLIENT & PERFORMER
(a) Client will provide Performer with the necessary technical and mechanical support along with the stage set-up and equipment required by Performer.
(b) Performer will be in control of all other gear and materials necessary for the staging of the Performance including and not limited to regalia, profession make-up, hairpieces, props and melodic instruments, and for any other change needed by Performer during the performance.
(c) Performer is responsible for procurement of any show licenses required either by federal, state or county laws.
05. PERFORMANCE INSURANCE
(a) Performer agrees to provide its own insurance and will indemnify and hold harmless Client with respect to insurance coverage.
(b) Performer agrees to insure its own gear for all risk against damage, fire, loss and theft.
(c) Performer does hereby release Client, and its respective management and employees, from any claim arising from any damage, fire, loss and theft felt by Performer, and any of Performer’s employees regarding their motor vehicles, stage and sound gear or other personal property, no matter whether such loss, theft or injury stem from any careless act or oversight of Client and its officers and employees.
06. FORCE MAJEURE
In the event of an outdoor performance, severe weather shall not be deemed a force majeure occurrence, and Client shall remain liable for the full contracted price, even when said performance is cancelled, stopped or not permitted by such weather conditions. Client shall have the exclusive right to decide in good faith, whether any such weather circumstances shall make the performance out of the question, dangerous, rebets or risky.
07. BREACH AND WAIVER. Should either party incur any expense or legal fees as a result of the breach of any portion of this Performance Agreement by the other party, the Court shall award reasonable attorney's fees and suit expenses to the non-defaulting party which are reasonably incurred. No breach, waiver, or default of any of the terms of this Agreement shall constitute a waiver of any subsequent breach or default of any of the terms of agreement.
08. SEVERABILITY. Should any Court hold that any portion of this Agreement is invalid, the remainder shall be in full force and effect, and the invalid portion shall be struck from the agreement or modified as the Court shall order.
09. REPRESENTATIONS. Each party acknowledges that this agreement has been entered into of his or her volition with full knowledge and information including tax consequences. In some instances, it represented a compromise of disputed issues. Each believes the terms and conditions to be fair and reasonable under the circumstances. No coercion or undue influence has been used by or against either party in making this agreement. Each party acknowledges that no representations of any kind have been made to him or her as an inducement to enter into this agreement other than the representations set forth herein.
10. MODIFICATIONS. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. Failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature.
11. 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.
12. 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.
13. NOTICES. Any notice to be given or to be served upon any party hereto must be in writing and may be given by certified or registered mail, but shall be deemed to have been given and received when a certified or registered letter containing such notice, properly addressed with postage prepaid, is deposited with the United States Postal Service. If notice is given in some manner other than by certified or registered mail, it shall be deemed to have been given when delivered to and received by the party to whom it is addressed, Such notices shall be given to the parties hereto at the following addresses:
If to the Client:
[city, state, zip]
If to the Performer:
[city, state, zip]
Any party hereto may change its address for purposes of this paragraph by written notice given in the manner provided above.
14. 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.
15. 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.
16. MICELLANEOUS PROVISIONS. The various headings and numbers herein and the grouping of provisions of this Agreement into separate divisions are for the purpose of convenience only and shall not be considered a part hereof. The language in all parts of this Agreement shall in all cases be construed in accordance to its fair meaning as if prepared by all parties to the Agreement and not strictly for or against any of the parties.
17. APPLICABLE LAW. The laws of [state] shall be applied in construing this Agreement regardless of where it is executed or where said performance shall be located.
IN WITNESS WHEREOF we have entered into this written Agreement as of the date above written.
Witness Name (PRINT):..........................
Witness Name (PRINT):..........................