Performance Agreement - Template, Sample Form

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, and with address at ________, hereinafter referred to as the Client

- and -

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

WITNESSETH THAT:

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

WHEREAS, Performer is a professional entertainer, specifically a Singer

WHEREAS, Performer agrees to perform in the Event;

NOW THEREFORE, for and in consideration of the foregoing premises and the strict compliance with the following terms and conditions, the Parties hereto have agreed as follows:

I. PERFORMANCE

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

________

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

________

3. Schedule. The date and time for the performance will be as follows:

Date: ________

Start Time: ________

End Time: ________

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

________

II. CONSIDERATION

1. Fee. For and in consideration of the Performance by the Performer, Client shall pay Performer a fixed fee of ________ (₱________), net of any applicable withholding tax and exclusive of VAT, if applicable.

2. Schedule of payment. The Client will pay a deposit of ________ (₱________) and the balance will paid as follows:

________

3. Mode of payment. The Client will pay the Performer as follows:

________

III. PERFORMANCE ORGANIZATION

1. Sound System. Client will provide a fully functional sound system, as well as staff and technicians to operate the sound system. Performer shall provide any required music or sound elements to Client or Client's staff or technicians well in advance of the performance.

2. Lighting. Client will provide a fully functional lighting system, as well as staff and technicians to operate the lighting system. Performer will be provide plans for the lighting to Client or Client's staff or technicians well in advance of the Performance. If the Performer will require special or specific lights, Performer will provide the same.

3. Pyrotechnics. Pyrotechnics may be permitted at the Performance only after a separate written agreement between the Performer and the Client. The specifics of the Pyrotechnics that will be needed must be discussed and agreed upon by both Parties. Client shall obtain all the necessary permits for said Pyrotechnics.

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

________

Performer should inform Client, well in advance of the Performance, of any special effects that Performer would like to use from the above list.

5. Dressing room and backstage areas. Client will provide Performer and Performer's staff, employees, or agents a secure backstage dressing area. Client is responsible for ensuring that no members of the public have access to the backstage dressing area.

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

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

8. Hair, Make-up, and Styling. Performer shall be responsible for hair, make-up, and stylist for the Performance.

IV. EXPENSES

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

________

V. ADVERTISING.

Client is responsible for all promotion, advertising, and production of the Performance. Client's promotion and advertising activities should include, but are not limited to, calendar events, articles, print media, interviews, and reviews. Performer may also promote the Performance through Performer's personal social channels, but is not obligated to do so.

Client may only use Performer's name, image, likeness, photographs, videos, or other personal media in the promotion and advertising of the Performance, after prior written approval by the Performer has been received.

VI. THIRD-PARTY BRANDS, PRODUCTS, AND SERVICES

Client undertakes that no third party brands, products, or services will be promoted or advertised for and during the Event without prior consultation and written consent of the Performer. Promotion and advertising of third party brands, products and services shall include but is not limited to projecting, or showing any logos or brands of any third party, including sponsors, in the venue, including LED screens.

Client likewise warrants that it shall not create or cause to create the impression that the Performer will be directly associated or identified with any third-party or their brand, product, or service.

VII. SPONSORSHIPS

Client agrees to give Performer sufficient notice of sponsorships that have been or will be secured by the Client for the Event. Performer has the discretion to disapprove any sponsorship that may run in conflict with any existing engagement or contracts that the Performer may have at the time of the Event.

VIII. SALE OF MERCHANDISE.

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

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

IX. RECORDING AND BROADCAST

No portion of the Performance may be recorded, filmed, broadcast, livestreamed, or otherwise reproduced, whether by audio, video, or any other means, without the prior written consent of the Performer. Any recording, filming, broadcast, or reproduction permitted by the Performer shall be subject to such terms and conditions as the Parties may agree upon in writing, and the Performer shall retain all intellectual property rights over the Performance and any recording thereof unless otherwise expressly agreed.

X. SECURITY

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. Client shall be liable for any loss or damage arising from its failure to provide such security.

XI. PERFORMER WARRANTIES

Performer warrants the following:

a. Performer and Performer's companions shall not be in possession of any drugs at the Venue.

b. Performer will not break any rules and regulations, ordinances, codes, statutes, and laws.

c. None of the Performer's material violates the intellectual property rights of any third-party. Performer has all required licenses and permission to use any third party intellectual property. Performer agrees to fully indemnify Client for any intellectual property violations which arise as a result of the Performance.

XII. CANCELLATION

1. By the Performer. Performer may cancel the Performance and this Agreement without incurring any penalty by giving a written notice up to the following period prior to the scheduled Performance: ________.

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

3. Penalties. If Client cancels with less than the proper amount of notice, Client will be obligated to forfeit all amounts paid to the Performer as well as pay the full Fees due for the Performance. Both Parties agree that such penalties are reasonable and necessary to compensate the Performer for the time spent in preparation and the inability to take on other jobs in anticipation of the Performance.

XIII. FORTUITOUS EVENTS

Neither Party shall be liable for cancellation of the Event or a failure to perform due to causes force majeure or fortuitous event beyond their control. In such case, the Event shall be rescheduled to another date agreed upon by both Parties; provided that it does not exceed Thirty (30) Days from the original schedule of the Event. By agreeing to the new date, Performer shall ensure Performer's availability on said date and that said date is not in conflict with other commitments that Performer may have.

XIV. INDEMNIFICATION

Client hereby agrees to indemnify Performer against any and all damage, liability, and loss as well as legal fees and costs incurred, as a result of any act or omission of Client, Client's employees, or Client's agent relating to the Performance or the Parties' relationship.

XV. WRITTEN NOTICES

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

a. Performer: ________

b. Client: ________

XVI. ASSIGNMENT

This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or in party by either Party.

XVII. 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.

XVIII. APPLICABLE LAW

This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines.

XIX. WAIVER

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XX. COUNTERPARTS

This Agreement may be executed in counterparts, all of which 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 that both Parties signed the Agreement.

XXI. SEVERABILITY

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

XXII. CUMULATIVE RIGHTS

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

XXIII. HEADINGS

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

XXIV. ENTIRETY OF AGREEMENT

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

XXV. 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 place first stated above.

________
Client

________
Performer

ACKNOWLEDGMENT

Republic of the Philippines
Province of _____________________ )
City or Municipality of _____________________ )S.S.

BEFORE ME, a Notary Public, for and in City or 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 ________

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

All known to me 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.

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

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