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- FESTIVAL AND LOCATION OF FESTIVAL
- TERMS OF PAYMENT
- RECORDING, REPRODUCTION OR TRANSMISSION OF PERFORMANCE
- SICKNESS OR FORCE MAJEURE
- WARRANTIES AND INDEMNIFICATION
- PROMOTION AND ADVERTISEMENT
- DRESSING ROOMS
- GENERAL PROVISIONS
This ‘PERFORMANCE AGREEMENT (FESTIVAL)’ (“Agreement”) is made by and entered into between [BUYER NAME] having its principal place of Business at [ADDRESS] who is to conduct an annual event (the “Buyer”), 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 (Buyer and Artist(s) are sometimes herein referred to collectively as the “Parties” or individually as a “Party”).
BACKGROUND AND PURPOSE
- WHEREAS, Buyer conducts the annual event as described below;
- WHEREAS, Buyer desires to hire Artist(s), as independent contractor(s), to provide the entertainment generally described below (the “Performance”) at the [YEAR] Festival; and
- WHEREAS, Artist(s) desire to provide such Performance at the Festival.
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 Buyer and the Artist(s) agree as follows:
- FESTIVAL AND LOCATION OF FESTIVAL.
Buyer will conduct the Festival known as [FESTIVAL NAME] at [LOCATION ADDRESS].
(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].
(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.
- TERMS OF PAYMENT.
(a) Payment – Buyer shall pay Artist(s) or his agent an aggregate of [$AMOUNT] ([$####]) dollars by check/cash on completion of the Performance.
(b) Taxes – Buyer 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 Buyer to Artist(s) for the Performance.
- RECORDING, REPRODUCTION OR TRANSMISSION OF PERFORMANCE.
Buyer shall not record, reproduce or transmit the Performance without prior written permission of Artist(s) or Artist’s representative.
- 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.
- 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 Buyer and defend Buyer 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 [YEAR] Festival sell any goods, products, merchandise or services (other than the services provided herein) on the grounds of the Festival except by express written permission of Buyer..
- PROMOTION AND ADVERTISEMENT.
Buyer shall be entitled to advertise and promote the appearance of Artist(s) at the [YEAR] Festival and the Performance. Artist(s) acknowledge that Buyer 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 [YEAR] Festival. Artist(s) hereby acknowledge and agree that Buyer 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 [YEAR] Festival.
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