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- CONCERT AND LOCATION OF CONCERT
- TERMS OF PAYMENT
- RECORDING, REPRODUCTION OR TRANSMISSION OF PERFORMANCE
- WARRANTIES AND INDEMNIFICATION
- PROMOTION AND ADVERTISEMENT.
- DRESSING ROOMS
- NO ASSIGNMENT
- GENERAL PROVISIONS
This ‘PERFORMANCE AGREEMENT (CONCERT)’ (“Agreement”) is made by and entered into between [CLIENT NAME] having its principal place of Business at [ADDRESS] who is holding a certain concert (the “Client”), and the entertainer(s) identified as the undersigned artist(s) (the “Artist(s)”), and is executed as a binding agreement as of the Effective Date (Client and Artist(s) are sometimes herein referred to collectively as the “Parties” or individually as a “Party”).
BACKGROUND AND PURPOSE
- WHEREAS, Client conducts the annual event as described below;
- WHEREAS, Client desires to hire Artist(s), as independent contractor(s), to provide the entertainment generally described below (the “Performance”) at the [CONCERT NAME] (the “Concert”); and
- WHEREAS, Artist(s) desire to provide such Performance at the Concert.
NOW THEREFORE, in consideration of the mutual promises and other good and valuable consideration considered hereinafter, the receipt and sufficiency of which are acknowledged by the Parties, the Client and the Artist(s) agree as follows:
- CONCERT AND LOCATION OF CONCERT.
Client will conduct the Concert known as [CONCERT NAME] at [here give the address of where the concert will be located…].
(a) Agreement to Perform – Artist(s) agree to provide the Performance in accordance with the terms of this Agreement and any addendums or riders hereto.
(b) The Performance – The entertainment to be provided by the Artist(s) is generally described as [here give a description of the entertainment the Artist(s) will provide at the concert…].
(c) Date(s) and Time(s) of Performance – The Performance shall be on [DATE], the time(s) of the Performance shall be [TIME], and the Performance shall have duration of at least [NUMBER] ([#]) hours.
(d) Sickness or Force Majeure – In the event of any proven sickness or condition or contingency, existing or future, which is beyond the reasonable control and without the fault or negligence of either party (“Event of Force Majeure”) which prevents or delays, or materially increases the cost of, the performance under this Agreement, each party shall be entitled to an appropriate and reasonable extension of time for performance. Events of Force Majeure shall include, without limitation, Acts of God, fire, floods, accident, riot, strike or any other legitimate condition or occurrence beyond their respective control.
- TERMS OF PAYMENT.
(a) Payment – Client shall pay Artist(s) or his agent an aggregate of [$AMOUNT] ([$####]) dollars by check/cash on completion of the Performance.
(b) Taxes – Client agrees to prepare and file all tax information required of a person who hires an independent contractor and Artist(s) agree that they have sole responsibility for the payment of any federal or state taxes arising from the monies paid by Client to Artist(s) for the Performance.
- RECORDING, REPRODUCTION OR TRANSMISSION OF PERFORMANCE.
Client shall not record, reproduce or transmit the Performance without prior written permission of Artist(s) or Artist’s representative.
- WARRANTIES AND INDEMNIFICATION.
Artist(s) hereby warrants and represents that the Performance is original. The Artist(s) certifies that he/she has not violated any copyrights. Artist(s) hereby agrees to indemnify Client and defend Client from any claims and damage arising out of any breach of this Agreement or of claims arising out of copyright infringement.
Artist(s) shall not, during the Concert sell any goods, products, merchandise or services (other than the services provided herein) on the grounds of the Concert except by express written permission of Client..
- PROMOTION AND ADVERTISEMENT.
Client shall be entitled to advertise and promote the appearance of Artist(s) at the Concert and the Performance. Artist(s) acknowledge that Client will rely on the terms hereof in all such promotions and advertising and in the brochures to be printed setting forth the names, dates and times of all performances to be held at the Concert. Artist(s) hereby acknowledge and agree that Client may use their names, photographs, likeness, facsimile signature and any other promotional materials in all of such promotions, advertising or other activities used to increase attendance at the Concert.
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