Performance Agreement - Template, Sample Form Pro · PH-law

PERFORMANCE AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Performance Agreement (the "Agreement") is made and entered into this ________ day of ________, 20________, in the City/Municipality of ________, Province of ________, by and between:

________, Filipino, of legal age, with address at ________, hereinafter referred to as the "Client";

- and -

________, Filipino, of legal age, with address at ________, hereinafter referred to as the "Performer."

(The Client and the Performer are hereinafter referred to individually as a "Party" and collectively as the "Parties.")

WITNESSETH: That -

WHEREAS, the Client desires to feature the Performer in the following event: ________ (the "Event");

WHEREAS, the Performer is a professional entertainer, specifically a Singer;

WHEREAS, the Performer is willing and able to render the services herein contemplated, and the Parties intend that the Performer shall render such services as an independent contractor and not as an employee of the Client, no employer-employee relationship being created hereby;

NOW, THEREFORE, for and in consideration of the foregoing premises and the mutual covenants and stipulations hereinafter set forth, and pursuant to Articles 1305, 1306, and 1318 of the Civil Code of the Philippines, the Parties hereby agree as follows:

§ I. NATURE OF ENGAGEMENT

The Performer is engaged by the Client as an independent contractor for the rendition of the Performance described herein. Nothing in this Agreement shall be construed to create a relationship of employer and employee, partnership, agency, or joint venture between the Parties. The Performer shall be solely responsible for the payment of his/her own income taxes and statutory contributions, without prejudice to the Client's obligation to withhold applicable creditable withholding taxes under the National Internal Revenue Code of 1997, as amended.

§ II. PERFORMANCE

1. Details. The Performer shall provide the following performance (the "Performance"):

________

2. Venue. The venue for the Performance (the "Venue") shall be at:

________

3. Schedule. The date and time of the Performance shall be as follows:

Date: ________

Start Time: ________

End Time: ________

4. Preparation. The Venue shall be available for set-up and soundcheck as follows:

________

§ III. CONSIDERATION

1. Fee. In consideration of the Performance, the Client shall pay the Performer a fixed fee of ________ (\u20b1________), net of any applicable creditable withholding tax and exclusive of value-added tax (VAT), if applicable.

2. Schedule of Payment. The Client shall pay a deposit of ________ (\u20b1________), and the balance shall be paid as follows:

________

3. Mode of Payment. The Client shall pay the Performer as follows:

________

§ IV. PERFORMANCE ORGANIZATION

1. Sound System. The Client shall provide a fully functional sound system, together with staff and technicians to operate the same. The Performer shall provide any required music or sound elements to the Client or the Client's staff or technicians well in advance of the Performance.

2. Lighting. The Client shall provide a fully functional lighting system, together with staff and technicians to operate the same. The Performer shall provide lighting plans to the Client or the Client's staff or technicians well in advance of the Performance. Should the Performer require special or specific lights, the Performer shall provide the same.

3. Pyrotechnics. Pyrotechnics may be permitted at the Performance only upon a separate written agreement between the Parties. The specifics thereof must be discussed and agreed upon in writing. The Client shall obtain all necessary permits and clearances for any pyrotechnics, including those required under Republic Act No. 7183 and Republic Act No. 9514 (Revised Fire Code of the Philippines) and the relevant local government ordinances.

4. Special Effects. The Client has the following special effects available for use:

________

The Performer shall inform the Client, well in advance of the Performance, of any special effects the Performer wishes to use from the foregoing list.

5. Dressing Room and Backstage Areas. The Client shall provide the Performer and the Performer's staff, employees, or agents a secure backstage dressing area, and shall ensure that no members of the public have access thereto.

6. Meals and Snacks. The Client shall provide the Performer and the Performer's staff, employees, or agents with meals and snacks during the rehearsals and the Performance.

7. Wardrobe. The Performer shall provide for his/her own costume or wardrobe.

8. Hair, Make-up, and Styling. The Performer shall be responsible for his/her own hair, make-up, and styling for the Performance.

§ V. EXPENSES

The Client agrees to pay for the following expenses related to the Performance:

________

§ VI. ADVERTISING

The Client shall be responsible for all promotion, advertising, and production of the Performance, including but not limited to calendar events, articles, print media, interviews, and reviews. The Performer may, but is not obligated to, promote the Performance through the Performer's personal social channels.

The Client may use the Performer's name, image, likeness, photographs, videos, or other personal media in the promotion and advertising of the Performance only after prior written consent has been obtained from the Performer. The Parties acknowledge that any processing of personal information in connection herewith shall comply with Republic Act No. 10173 (Data Privacy Act of 2012) and its Implementing Rules and Regulations.

§ VII. THIRD-PARTY BRANDS, PRODUCTS, AND SERVICES

The Client undertakes that no third-party brands, products, or services shall be promoted or advertised for and during the Event without the prior consultation and written consent of the Performer. Such promotion and advertising shall include, but not be limited to, projecting or displaying any logos or brands of any third party, including sponsors, at the Venue, including on LED screens.

The Client likewise warrants that it shall not create, or cause to be created, the impression that the Performer is directly associated or identified with any third party or its brand, product, or service.

§ VIII. SPONSORSHIPS

The Client agrees to give the Performer sufficient notice of sponsorships that have been or will be secured for the Event. The Performer shall have the discretion to disapprove any sponsorship that may conflict with any existing engagement or contract that the Performer may have at the time of the Event.

§ IX. SALE OF MERCHANDISE

The Performer shall be permitted to sell merchandise bearing the Performer's image or trademark, as well as audio merchandise, and to provide staff to handle all such sales.

For this purpose, the Client shall ensure that the appropriate permits are secured.

§ X. RECORDING AND BROADCAST

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§ XI. SECURITY

The Client shall be responsible for providing adequate security at the Venue to ensure the safety of the Performer, the Performer's staff, employees, or agents, and their equipment and property, as well as the safety and orderly conduct of the audience, before, during, and after the Performance. The Client shall be liable for any loss or damage arising from its failure to provide such security.

§ XII. PERFORMER WARRANTIES

The Performer warrants the following:

a. The Performer and the Performer's companions shall not be in possession of any dangerous drugs at the Venue, in compliance with Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002).

b. The Performer shall not violate any rules, regulations, ordinances, codes, statutes, or laws in the course of the Performance.

c. None of the Performer's material violates the intellectual property rights of any third party. The Performer holds all required licenses and permissions to use any third-party intellectual property and agrees to fully indemnify and hold the Client free and harmless from any intellectual property violation arising as a result of the Performance.

§ XIII. CANCELLATION

1. By the Performer. The Performer may cancel the Performance and this Agreement without penalty by giving written notice at least the following period prior to the scheduled Performance: ________.

Should the Performer cancel the Performance and this Agreement for any reason other than a fortuitous event or force majeure or causes attributable to the Client, or within the period stated in the immediately preceding paragraph, the Performer shall refund all amounts paid by the Client. For purposes of this Section, sickness or injury of the Performer shall not be considered a fortuitous event or force majeure, and the Performer shall be obligated to return all amounts paid by the Client.

2. By the Client. The Client may cancel the Performance and this Agreement without penalty by giving written notice at least the following period prior to the scheduled Performance: ________. In such case, the Performer shall refund all amounts paid by the Client.

3. Penalties. If the Client cancels with less than the required notice, the Client shall forfeit all amounts paid to the Performer and shall pay the full Fee due for the Performance. Both Parties agree that such penalties, in the nature of liquidated damages under Articles 1226 and 2226 of the Civil Code of the Philippines, are reasonable and necessary to compensate the Performer for the time spent in preparation and for the inability to accept other engagements in anticipation of the Performance.

§ XIV. FORTUITOUS EVENTS

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§ XV. INDEMNIFICATION

The Client hereby agrees to indemnify and hold the Performer free and harmless from any and all damage, liability, and loss, as well as legal fees and costs incurred, arising from any act or omission of the Client, the Client's employees, or the Client's agents relating to the Performance or the Parties' relationship.

§ XVI. WRITTEN NOTICES

All notices required to be in writing and any other communication may be made through electronic mail at the Parties' respective email addresses as follows:

a. Performer: ________

b. Client: ________

Electronic notices shall have the same legal effect as written notices pursuant to Republic Act No. 8792 (Electronic Commerce Act of 2000).

§ XVII. ASSIGNMENT

This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred, in whole or in part, by either Party without the prior written consent of the other Party.

§ XVIII. SUPPORTING DOCUMENTS AND ADDITIONAL ACTS

The Parties agree to execute such other documents as are reasonable and necessary for the proper implementation of this Agreement.

§ XIX. APPLICABLE LAW AND VENUE

This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines. The Parties agree that any action or proceeding arising out of or in connection with this Agreement shall be brought exclusively before the competent courts of ________, to the exclusion of all other venues.

§ XX. WAIVER

The failure of either Party to insist, in one or more instances, upon the strict performance of any of the terms of this Agreement, or to exercise any right herein contained, shall not be construed as an abandonment, cancellation, or waiver of such term or right. No waiver shall be deemed to have been made unless expressed in writing and signed by the Party granting the waiver. No waiver of any term or provision of this Agreement shall constitute a waiver of any other term or provision, or of the same provision on a future date.

§ XXI. COUNTERPARTS

This Agreement may be executed in counterparts, all of which together shall constitute a single agreement. If the dates set forth at the signatures of this document are different, the Agreement shall be considered effective as of the date on which both Parties have signed.

§ XXII. SEVERABILITY

The invalidity of any portion of this Agreement shall not affect the validity of any other provision. Should any provision of this Agreement be held invalid, the Parties agree that the remaining provisions shall remain in full force and effect as if they had been executed subsequent to the expungement of the invalid provision.

§ XXIII. CUMULATIVE RIGHTS

The rights of the Parties under this Agreement and under the law are cumulative and shall not be construed as exclusive, unless otherwise required by law.

§ XXIV. HEADINGS

Headings are for convenience only and do not affect the interpretation of this Agreement.

§ XXV. ENTIRETY OF AGREEMENT

This Agreement constitutes the entire agreement between the Performer and the Client and supersedes all prior negotiations, representations, and agreements, whether oral or written.

§ XXVI. AMENDMENTS AND MODIFICATIONS

This Agreement may be amended only by a written instrument signed and agreed upon by both Parties.

IN WITNESS WHEREOF, the Parties have hereunto affixed their signatures on the date and at the place first above written.

________
Client

________
Performer

SIGNED IN THE PRESENCE OF:

________        ________

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES     )
PROVINCE OF ________     )
CITY/MUNICIPALITY OF ________ ) S.S.

BEFORE ME, a Notary Public for and in the City/Municipality of ________, ________, this ________ day of ________, 20________, personally appeared the following persons:

1. ________, with the following competent proof of identification: Driver's License with number ________, which expires on ________; and

2. ________, with the following competent proof of identification: Driver's License with number ________, which expires on ________.

all known to me and to me known to be the same persons who executed the foregoing Performance Agreement, and they acknowledged to me that the same is their free and voluntary act and deed.

This instrument, consisting of ________ page(s), including this page on which the acknowledgment is written, has been signed by the Parties and their instrumental witnesses on each and every page thereof.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my notarial seal on the date and at the place first above written.

________
NOTARY PUBLIC

Doc. No. ________;
Page No. ________;
Book No. ________;
Series of ________.