Celebrity Appearance Agreement - Template, Sample Form Pro · US-law
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CELEBRITY APPEARANCE AGREEMENT
State of ________
RECITALS
A. This Celebrity Appearance Agreement (this "Agreement") is made and entered into effective as of ________ (the "Effective Date"), by and between the following party engaging the appearance (the "Client"):
________, ________
of
________
and the following party making the appearance (the "Talent"):
________, ________
of
________
The Client and the Talent are referred to herein individually as a "Party" and collectively as the "Parties."
B. WHEREAS, the Client desires to engage the Talent to perform or make an appearance at an event organized by or for the Client;
C. WHEREAS, the Talent is a professional entertainer who possesses the skill, experience, and rights necessary to render the services described herein;
NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
§ I. PERFORMANCE.
1. The appearance and entertainment to be provided by the Talent (the "Appearance") is described as follows:
________
2. The Appearance will take place at the following location (the "Venue"):
________
3. The Appearance shall consist of one event on the following date: ________, commencing at the following time: ________, and continuing for a duration of approximately ________.
§ II. EQUIPMENT.
4. The Talent shall provide all equipment necessary, including any applicable sound and/or lighting systems, to satisfactorily perform at the Appearance, except as otherwise expressly agreed in writing.
5. The Talent warrants that all equipment furnished by the Talent is in good working order and fit for its intended purpose, and that the Talent holds all licenses and permits required to operate such equipment.
6. The Talent shall designate any necessary representatives who shall have authority to operate the equipment, including mixing and controlling all sound equipment, during the Appearance and during any related rehearsals.
§ III. PERFORMER EXPENSES.
7. The Client shall furnish, at its sole cost and expense, ground transportation for the Talent for all needs related to the Appearance.
8. The Client shall provide, at its sole cost and expense, sufficient hotel accommodations for the Talent for the date(s) of the Appearance.
9. The Client shall provide, at its sole cost and expense, airline tickets for the Talent to and from the Venue city.
10. The Client shall provide, at its sole cost and expense, satisfactory meals for the Talent for each day of the Appearance.
11. The Client shall provide, at its sole cost and expense, ________ complimentary tickets to the Talent for each day of the Appearance.
12. The Client shall provide, at its sole cost and expense, any security reasonably necessary to take prudent precautions for the safety of the Talent and the Talent's equipment during all aspects of the Appearance and at all times while the Talent and the Talent's equipment are on the Venue premises.
13. The Client shall provide the following additional items and accommodations at its sole cost and expense:
________
§ IV. PAYMENT.
14. In full consideration for all services rendered by the Talent at the Appearance as described in this Agreement, the Client agrees to pay the Talent a fixed fee of $________ (________) (the "Fee").
15. Except as otherwise set forth herein, the balance of the Fee shall be due and payable in one lump sum upon completion of the services rendered by the Talent. All payments shall be made in U.S. Dollars by the following method: ________.
16. The Client may charge admission to the Appearance at a price of not less than $________ (________) per ticket in advance and $________ (________) per ticket at the door.
17. The Client shall pay to the Talent a deposit of $________ (________) (the "Deposit") on or before ________. If the Client fails to provide the Deposit by such date, the Talent may cancel this Agreement without further obligation.
18. If and when mutually agreeable to both the Client and the Talent in writing, the duration of the Appearance may be extended at an hourly overtime rate of $________ (________) per hour.
19. Any amount not paid when due shall accrue interest at the rate of ________% per annum, or the maximum rate permitted by applicable law, whichever is less.
§ V. CANCELLATION.
20. The Talent reserves the right to cancel this Agreement without obligation upon written notice to the Client delivered prior to ________. In the event the Talent cancels the Appearance under this section, the Deposit shall be returned to the Client promptly.
21. The Client reserves the right to cancel this Agreement without obligation upon written notice to the Talent delivered prior to ________. In the event of such timely cancellation, the Deposit shall be returned promptly to the Client. Cancellation by the Client for any reason later than ________ shall result in forfeiture of the Deposit. Cancellation by the Client later than ________ shall require payment of any outstanding balance of the full Fee to the Talent, which the Parties agree constitutes a reasonable estimate of the Talent's damages and not a penalty.
§ VI. NON-PERFORMANCE.
22. Those obligations of the Parties required to be performed prior to the Appearance are conditions precedent which must be satisfied in full before the Talent is required to perform and the Client is required to pay, unless otherwise agreed by all Parties in writing.
23. If a Party cancels or postpones the Appearance, or any show comprising the Appearance, without proper notice, or fails to perform any other condition precedent as required by this Agreement, then such Party shall be in breach of this Agreement and the other Party shall have no further obligations under this Agreement.
§ VII. SECURITY DEPOSIT.
24. The Talent shall pay a security deposit of $________ (________) (the "Security Deposit") to secure against any and all damage related to or arising from the Talent's negligence at the Appearance. The Security Deposit, less any amounts properly applied, shall be returned to the Talent within ________ days following the completion of the Appearance.
§ VIII. ADVERTISING.
25. The Client shall be responsible for all promotion of the Appearance.
26. The Client agrees to use all reasonable efforts to promote the Appearance through appropriate media.
27. The Talent shall not promote the Appearance in any way without the prior consent of the Client, and shall not advertise or promote the Appearance through any means prohibited by any applicable statute or that could reasonably be construed as offensive.
§ IX. USE OF NAME AND IMAGE.
28. The Client shall be entitled to use the name, image, and other likenesses of the Talent solely in connection with the Appearance.
29. The Talent shall provide the Client with all necessary and relevant promotional materials suitable for the Client's use in connection with the Appearance.
30. The Talent's name and image may not be used or associated, directly or indirectly, with any product or service without the Talent's prior written consent.
31. The Client's right to use the Talent's name and likeness is limited to the period beginning on the Effective Date and ending upon completion of the Appearance or the termination or cancellation of this Agreement, whichever occurs first.
§ X. PHOTOGRAPHY/RECORDING.
32. No video or audio recording, broadcast, reproduction, or distribution of any part of the Talent's Appearance shall be permitted without the Talent's express prior written permission.
§ XI. INDEPENDENT CONTRACTOR.
§ XII. ASSIGNMENT.
34. Neither Party may assign or transfer this Agreement, in whole or in part, without the prior written consent of the other Party.
35. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, successors, and permitted assigns.
§ XIII. FORCE MAJEURE.
§ XIV. INDEMNIFICATION.
37. The Talent is responsible only for the Talent's own conduct. The Client shall compensate the Talent for any and all damage done to the Talent's equipment by the Client or its agents or guests. The Client shall indemnify, defend, and hold harmless the Talent from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from or related to the Appearance that are not directly caused by the Talent's own negligence or willful misconduct.
38. The Client warrants and represents that it has obtained, or will obtain prior to the Appearance, sufficient personal injury and property damage liability insurance with respect to the activities of the Client and its employees, agents, and guests in relation to the Appearance, and shall provide a certificate of insurance evidencing such coverage upon the Talent's request.
§ XV. DEFAULT.
39. The occurrence of any of the following shall constitute a material default under this Agreement:
a. The failure to make a required payment when due.
b. The insolvency or bankruptcy of either Party.
c. The subjection of any of either Party's property to any levy, seizure, general assignment for the benefit of creditors, or application or sale for or by any creditor or governmental agency.
d. The failure to make available or deliver the services in the time and manner provided for in this Agreement.
§ XVI. REMEDIES.
40. In addition to any and all other rights a Party may have available 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, the failure to make a monetary payment when due), the other Party may terminate this Agreement by providing written notice to the defaulting Party.
41. Such notice shall describe with sufficient detail the nature of the default.
42. The Party receiving such notice shall have seven (7) days from the effective date of such notice to cure the default(s). Unless waived by the Party providing notice, the failure to cure the default(s) within such period shall result in automatic termination of this Agreement.
§ XVII. ENTIRE AGREEMENT.
43. This Agreement contains the entire agreement of the Parties, and there are no other promises or conditions in any other agreement, whether oral or written, concerning the subject matter of this Agreement.
44. This Agreement supersedes any prior written or oral agreements between the Parties.
§ XVIII. SEVERABILITY.
45. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
46. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
§ XIX. AMENDMENT.
47. This Agreement may be modified or amended only in a writing signed by both Parties.
§ XX. GOVERNING LAW AND VENUE.
48. This Agreement shall be governed by and construed in accordance with the laws of the State of ________, without regard to its conflict of laws principles. The Parties consent to the exclusive jurisdiction and venue of the state and federal courts located in ________, State of ________, for the resolution of any dispute arising under this Agreement.
§ XXI. NOTICE.
49. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph of this Agreement, or to such other address as one Party may have furnished to the other in writing.
§ XXII. WAIVER OF CONTRACTUAL RIGHTS.
50. 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 compel strict compliance with every provision of this Agreement.
§ XXIII. COUNTERPARTS.
51. 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. Signatures transmitted electronically or by facsimile shall be deemed valid and binding.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
_________________________________
________, Talent
Date: ________
_________________________________
________, Client
Date: ________
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