Public Personality Performance Contract - Template Form Pro · EN-CA-law
✓ Valid in Canada (English) · drafted to comply with local law
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PUBLIC PERSONALITY PERFORMANCE AND APPEARANCE AGREEMENT
Province of ________, Canada
Effective Date: ________
RECITALS AND PARTIES
A. This Public Personality Performance and Appearance Agreement (the “Agreement”) is made and entered into as of ________ (the “Effective Date”) by and between the following parties:
THE CLIENT: ________, having an address at:
________
– AND –
THE PUBLIC PERSONALITY: ________, a public personality and independent professional having a principal address at:
________
(each a “Party” and collectively the “Parties”).
B. WHEREAS the Client wishes to engage the Public Personality to appear and/or perform at the Client’s event upon the terms set out in this Agreement;
C. WHEREAS the Public Personality is an artist or professional public figure willing to render such services as an independent contractor;
NOW THEREFORE in consideration of the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
Article 1 – ENGAGEMENT AND PERFORMANCE
1.1. The Client engages the Public Personality, and the Public Personality agrees to provide, the performance, appearance and entertainment services described as follows (the “Performance”):
________.
1.2. The Performance shall take place at the following location (the “Venue”):
________
1.3. The Performance shall take place on the following date and at the following time:
Date: ________
Time: ________
Duration: ________
1.4. The Public Personality shall arrive at the Venue not later than ________ for the purposes of any sound check, rehearsal and preparation reasonably required.
Article 2 – EQUIPMENT
2.1. Except as otherwise agreed in writing, the Public Personality shall provide all equipment necessary for the Performance, including applicable sound and/or lighting systems, to ensure a satisfactory Performance.
2.2. The Public Personality warrants that all such equipment is in good working order and fit for its intended purpose.
2.3. The Public Personality shall designate the representatives authorized to operate the equipment, including the mixing and control of all sound equipment, during the Performance and any related rehearsals.
Article 3 – EXPENSES AND AMENITIES PROVIDED BY THE CLIENT
3.1. The Client shall provide, at the Client’s expense, ground transportation for the Public Personality for all purposes related to the Performance.
3.2. The Client shall provide, at the Client’s expense, a sufficient number of hotel rooms for the Public Personality for the date(s) of the Performance.
3.3. The Client shall provide, at the Client’s expense, return airline tickets for the Public Personality to and from the city of the Venue.
3.4. The Client shall provide, at the Client’s expense, satisfactory meals to the Public Personality for each day of the Performance.
3.5. The Client shall provide, at the Client’s expense, ________ complimentary tickets to the Public Personality for each day of the Performance.
3.6. The Client shall provide, at the Client’s expense, all security reasonably necessary for the safety of the Public Personality and the Public Personality’s equipment during all aspects of the Performance and at all times while the Public Personality and such equipment are on the premises of the Venue.
3.7. The Client shall provide, at the Client’s expense, the following additional items and amenities:
________.
Article 4 – FEES AND PAYMENT
4.1. In consideration of the services rendered by the Public Personality under this Agreement, the Client shall pay the Public Personality a fixed fee of ________ (CAD).
4.2. All amounts payable under this Agreement are exclusive of applicable goods and services tax (GST), harmonized sales tax (HST) and provincial sales tax, which shall be added where applicable and paid by the Client. The Public Personality’s GST/HST registration number, where applicable, is ________.
4.3. Subject to Article 4.4, the Client shall pay the balance of the fixed fee in a single lump sum upon completion of the Performance and at the conclusion of this Agreement, by the method described below.
4.4. The Client shall pay to the Public Personality a deposit of ________ (CAD) (the “Deposit”) on or before ________. If the Client fails to pay the Deposit by such date, the Public Personality may terminate this Agreement without further obligation.
4.5. Where the Client charges admission for the Performance, the price shall be not less than ________ (CAD) per advance ticket and not less than ________ (CAD) per gate ticket.
4.6. Where the Parties agree in writing, the term of the Performance may be extended at the hourly rate of ________ (CAD) per hour.
4.7. Payments shall be made by the following method: ________. Any amount not paid when due shall bear interest at the rate of ________ per annum, calculated from the due date until paid in full.
Article 5 – CANCELLATION
5.1. The Public Personality may terminate this Agreement without further obligation upon written notice to the Client given on or before ________.
5.2. If the Public Personality cancels the Performance under this Article, the Deposit shall be refunded to the Client promptly.
5.3. The Client may cancel this Agreement without further obligation upon written notice to the Public Personality given prior to ________, in which case the Deposit shall be refunded promptly. Cancellation by the Client, for any reason, after ________ shall result in forfeiture of the Deposit. Cancellation by the Client after ________ shall require payment of the balance of the full fee to the Public Personality.
Article 6 – CONDITIONS PRECEDENT AND NON-PERFORMANCE
6.1. The obligations of each Party to be fulfilled prior to the Performance are conditions precedent that must be fully satisfied before the Public Personality is required to perform and the Client is required to pay, unless otherwise agreed in writing by all Parties.
6.2. If either Party cancels or postpones the Performance, or any part of it, without proper notice, or fails to satisfy any other prerequisite required by this Agreement, that Party shall be in breach of this Agreement and, subject to Article 16, the other Party shall have no further obligation hereunder.
Article 7 – DAMAGE DEPOSIT
7.1. The Public Personality shall provide a security deposit of ________ (CAD) as security against any damage to the Venue or property of the Client arising directly from the negligence or wilful misconduct of the Public Personality in performing, such deposit (less any amounts properly deducted) to be returned within ________ days following the Performance.
Article 8 – INDEPENDENT CONTRACTOR
8.1. The Public Personality is engaged as an independent contractor and is not an employee, agent, partner or joint venturer of the Client, and nothing in this Agreement shall be construed to create any such relationship.
8.2. The Public Personality shall be solely responsible for determining the means and methods of performing the services under this Agreement, subject to the terms and conditions set out herein.
8.3. The Public Personality shall be solely responsible for the payment of all taxes, contributions, source deductions, Canada Pension Plan contributions, Employment Insurance premiums and other amounts payable in respect of the fees received under this Agreement, and the Client shall not be responsible for withholding or remitting any such amounts on behalf of the Public Personality.
Article 9 – USE OF NAME AND IMAGE
9.1. The Client shall have the right to use the name, image and likeness of the Public Personality solely in connection with the promotion and conduct of the Performance.
9.2. The Public Personality shall provide the Client with reasonable promotional materials appropriate for the Client’s use in connection with the Performance.
9.3. The name and likeness of the Public Personality shall not be used or associated, directly or indirectly, with any product or service without the prior written consent of the Public Personality.
9.4. The Client’s right to use the name and likeness of the Public Personality is limited to the period commencing on the Effective Date and ending upon completion of the Performance or the earlier termination or cancellation of this Agreement.
Article 10 – PHOTOGRAPHY AND RECORDING
10.1. No video or audio recording, broadcast, reproduction, transmission or distribution of any portion of the Performance is permitted without the prior written consent of the Public Personality.
Article 11 – PERMITS AND LICENCES
11.1. The Client represents and warrants that it has obtained, or will obtain prior to the Performance, all permits, approvals, licences, consents and waivers necessary for the Performance, including any required performing-rights or music licences (such as those administered by SOCAN or Re:Sound), at the Client’s expense.
Article 12 – EXCLUSIVITY
12.1. The Public Personality shall perform exclusively for the Client during the effective term of the services under this Agreement, unless otherwise agreed in writing by the Client.
12.2. As at the date of execution of this Agreement, the Public Personality is not bound by any agreement with any third party that would prevent the Public Personality from fulfilling the terms of this Agreement.
Article 13 – FORCE MAJEURE
13.1. Neither Party shall be liable for any failure or delay in performing its obligations under this Agreement to the extent such failure or delay is caused by events beyond its reasonable control, including acts or regulations of public authorities, strikes or labour disputes, inclement weather, epidemics or pandemics, public-health orders, interruption or delay of transportation services, fire, flood or other natural disasters, war, terrorism or civil unrest. The affected Party shall promptly notify the other Party of the event. If such event continues for more than ________ days, either Party may terminate this Agreement, in which case the Deposit shall be returned to the Client.
Article 14 – INDEMNIFICATION AND INSURANCE
14.2. The Client represents and warrants that it has obtained, or will obtain prior to the Performance, commercial general liability insurance for bodily injury and property damage, in an amount of not less than ________ (CAD), in respect of the activities of the Client, its employees, agents and guests in connection with the Performance.
Article 15 – EVENTS OF DEFAULT
15.1. The occurrence of any of the following shall constitute a material breach of this Agreement:
a. failure to make a required payment when due;
b. the insolvency or bankruptcy of either Party;
c. the subjection of any property of either Party to seizure, levy, attachment, general assignment for the benefit of creditors, or demand or sale by any creditor or governmental authority;
d. failure to make available or provide the services within the time and in the manner contemplated by this Agreement.
Article 16 – REMEDIES AND CURE
16.1. In addition to any other rights a Party may have at law or in equity, if a Party defaults by failing to substantially perform any provision, term or condition of this Agreement (including, without limitation, failure to make a payment when due), the other Party may terminate this Agreement by written notice to the defaulting Party.
16.2. Such notice shall describe in reasonable detail the nature of the default.
16.3. The Party receiving such notice shall have seven (7) days from the effective date of the notice to cure the default. Unless waived by the Party giving notice, failure to cure within that period shall result in automatic termination of this Agreement.
Article 17 – ENTIRE AGREEMENT
17.1. This Agreement constitutes the entire agreement between the Parties with respect to its subject matter, and there are no other representations, promises, conditions or agreements, oral or written, concerning that subject matter.
17.2. This Agreement supersedes all prior agreements, understandings and negotiations, written or oral, between the Parties relating to its subject matter.
Article 18 – SEVERABILITY
18.1. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions shall continue in full force and effect.
18.2. If a court of competent jurisdiction finds any provision to be invalid or unenforceable but determines that, by limiting that provision, it would become valid and enforceable, then that provision shall be deemed written, construed and enforced as so limited.
Article 19 – AMENDMENT
19.1. This Agreement may be amended or modified only by a written instrument signed by the Party to be bound by the amendment.
Article 20 – ASSIGNMENT
20.1. The Public Personality’s obligations under this Agreement are personal in nature and may not be assigned or subcontracted without the prior written consent of the Client. Neither Party may assign this Agreement without the prior written consent of the other Party, such consent not to be unreasonably withheld.
Article 21 – GOVERNING LAW AND JURISDICTION
21.1. This Agreement shall be governed by and construed in accordance with the laws of the Province of ________ and the federal laws of Canada applicable therein.
21.2. The Parties irrevocably attorn to the exclusive jurisdiction of the courts of the Province of ________ in respect of any dispute arising out of or in connection with this Agreement.
Article 22 – NOTICE
Article 23 – WAIVER
23.1. 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 require strict compliance with each provision of this Agreement. No waiver shall be effective unless in writing and signed by the waiving Party.
Article 24 – COUNTERPARTS AND ELECTRONIC EXECUTION
24.1. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Counterparts may be delivered by electronic transmission, and electronic signatures shall be deemed to be original signatures for all purposes.
EXECUTION
IN WITNESS WHEREOF the Parties have executed this Agreement as of the Effective Date.
THE PUBLIC PERSONALITY
_________________________________
________, Public Personality
Date: ________
_________________________________
Witness: ________
THE CLIENT
_________________________________
________, Client
Date: ________
_________________________________
Witness: ________
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