Performance Agreement - Template, Sample Form Online Pro · US-law

PERFORMANCE AGREEMENT

State of ________

This Performance Agreement (this “Agreement”) is entered into and made effective as of ________ (the “Effective Date”) by and between ________ (the “Performer”), a ________ organized and existing under the laws of the State of ________, having its principal place of business at the following address:

________
Email: ________
Performer’s stage name is as follows: ________.

and ________ (the “Client”), a ________ organized and existing under the laws of the State of ________, having its principal place of business at the following address:

________
Email: ________

Performer and Client may be referred to individually as a “Party” and collectively as the “Parties.”

RECITALS

WHEREAS, Performer is a professional entertainer, specifically a ________;

WHEREAS, Client wishes to engage Performer for the Performance, as defined below;

WHEREAS, Performer represents that Performer possesses the skills, experience, and talent required to render the Performance;

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

ARTICLE 1 — THE PERFORMANCE

Performer will provide the following performance (the “Performance”):

________

The Parties hereby agree to abide by the terms and conditions set forth herein.

ARTICLE 2 — VENUE, DATE, AND TIME

The venue for the Performance (the “Venue”) is as follows:

________

The Performance will be held on the following date and time:

Date: ________

Start Time of Performance: ________

End Time of Performance: ________

The Venue will be available for set up and sound check as follows:

________

If any takedown is required, the Venue will be available as follows:

________

ARTICLE 3 — PERFORMANCE ORGANIZATION

a) Sound System: Performer will be responsible for arranging any required music or sound elements, including, if necessary, by bringing a portable sound system to the Performance.

b) Lighting: Performer will be responsible for arranging required lighting elements, including, if necessary, by bringing a portable lighting element to the Performance.

c) Recording: No recording of the Performance shall be permitted without Performer’s prior written consent. Client is responsible for ensuring that Client’s staff, employees, contractors, and guests abide by this provision.

d) Pyrotechnics: Pyrotechnics may be permitted at the Performance only if Performer and Client each agree in writing. The Parties must discuss the specifics of any pyrotechnics in advance. Client will be responsible for obtaining all necessary permits and complying with all applicable fire and safety codes.

e) Special Effects: The following special effects are permitted:

________

Performer will be solely responsible for the provision and arrangement of any special effects to be used during the Performance.

ARTICLE 4 — ADVERTISING

Client is responsible for all promotion, advertising, and production of the Performance. Client’s promotion and advertising activities may 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.

Performer agrees that Client may use Performer’s name, image, likeness, photographs, videos, or other personal media in the promotion and advertising of the Performance; provided, however, that Performer’s prior written approval must be obtained for each such use.

ARTICLE 5 — PAYMENT

Client agrees to pay Performer the following fees (the “Fees”) for the Performance:

$________ (________), as a fixed fee for the Performance.

ARTICLE 6 — METHODS OF PAYMENT

Performer will accept the following forms of payment:

________

ARTICLE 7 — DEPOSIT

Client will pay Performer the following deposit (the “Deposit”): $________ (________). The Deposit is due on ________.

ARTICLE 8 — BALANCE

The remaining balance of the Fees will be due in full upon the completion of the Performance.

ARTICLE 9 — SALE OF MERCHANDISE

Performer will be permitted to sell merchandise bearing Performer’s image or trademarks, as well as audio merchandise. Client will receive the following percentage of each piece of merchandise sold: ________% (________ percent). Client will be responsible for ensuring that no other merchandise sale is permitted at the Venue.

ARTICLE 10 — DRESSING SPACE AND BACKSTAGE AREA

Client will provide Performer and any of 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.

ARTICLE 11 — OVERTIME

If Client and Performer each agree in writing to extend the Performance, the overtime performance will be payable at a rate of $________ (________) per hour. The fee for any overtime will be paid prior to the extended Performance.

ARTICLE 12 — EXPENSES

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

________

ARTICLE 13 — PERMITS

Client is solely and exclusively responsible for obtaining any and all permits and licenses required in connection with the Performance.

ARTICLE 14 — CANCELLATION AND TERMINATION

a) Performer Cancels: Performer may cancel the Performance and this Agreement with no penalty up to the following amount of time before the scheduled Performance: ________. In such case, the Deposit will be returned to Client.

b) Client Cancels: Client may cancel the Performance and this Agreement with no penalty up to the following amount of time before the scheduled Performance: ________. In such case, the Deposit will be returned to Client, less any non-recoverable expenses already incurred by Performer.

c) Penalties: If Client cancels with less than the required amount of notice, Client will be obligated to forfeit the Deposit and to pay the full Fees due for the Performance. The Parties each agree that, given the difficulty of ascertaining actual damages, such amounts constitute reasonable liquidated damages and not a penalty, and are intended to fairly compensate Performer for the time spent in preparation and the inability to accept other engagements in anticipation of the Performance.

d) Automatic Termination: If neither Party cancels, this Agreement will terminate automatically at the conclusion of the Performance.

ARTICLE 15 — FOOD AND BEVERAGES

Client agrees to provide Performer and Performer’s staff, employees, or agents with reasonable food and beverages during the set up, sound check, and Performance. The specific requirements for such food and beverages shall be discussed and agreed upon by the Parties in advance of the Performance.

ARTICLE 16 — INDEPENDENT CONTRACTOR

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ARTICLE 17 — INSURANCE

Each Party shall maintain, at its own expense, such insurance coverage as is reasonably necessary to cover its respective obligations and liabilities under this Agreement, including but not limited to commercial general / public liability insurance. Upon request, each Party shall provide the other Party with proof of such insurance coverage prior to the Performance.

ARTICLE 18 — PERFORMER SICKNESS OR INJURY

Should Performer fall ill or sustain injury such that the Performance cannot proceed, Performer agrees to return to Client any Fees that Client may have already paid to Performer for the cancelled Performance.

ARTICLE 19 — EXCLUSIVITY

Performer agrees that during the term of this Agreement, Performer will not perform for any other parties at a time that conflicts with the Performance. Performer is free to render any other performances following the conclusion of the Performance and the termination of this Agreement.

ARTICLE 20 — INDEMNIFICATION

Client hereby agrees to indemnify, defend, and hold harmless Performer against any and all damages, liabilities, and losses, as well as reasonable legal fees and costs incurred, arising out of any act or omission of Client, Client’s employees, or Client’s agents relating to the Performance or the Parties’ relationship, except to the extent caused by Performer’s own negligence or willful misconduct.

ARTICLE 21 — LIMITATION OF LIABILITY

Except in cases of death or personal injury caused by a Party’s negligence, or in cases of fraud or willful misconduct, each Party’s liability in contract, tort, or otherwise arising out of or in connection with this Agreement or the performance of its obligations hereunder shall be limited to the amount of the Fees paid by Client to Performer.

To the maximum extent permitted by law, neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty, or otherwise for any indirect, incidental, special, or consequential loss, damage, costs, or expenses of any nature whatsoever, including without limitation any economic loss, data loss, loss of goodwill, or loss of turnover, profits, or business.

ARTICLE 22 — PERFORMER WARRANTIES

Performer warrants the following:

a) Neither Performer nor Performer’s agents will be in possession of any unlawful drugs at the Venue.

b) The Performance will not violate any local, state, or federal rules, ordinances, codes, statutes, laws, or regulations.

c) None of Performer’s material violates the intellectual property rights of any third party. Performer has all required licenses and permissions to use any third-party intellectual property, including any public performance licenses required from applicable performing rights organizations. Performer agrees to fully indemnify Client for any intellectual property violations arising as a result of the Performance.

d) Performer’s representative executing this Agreement has the full authority and power to do so.

ARTICLE 23 — GENERAL PROVISIONS

a) GOVERNING LAW: This Agreement shall be governed in all respects by the laws of the State of ________ and any applicable federal law, without regard to its conflict of laws principles. Subject to subsection (b) below, both Parties consent to the exclusive jurisdiction of the state and federal courts located in ________, State of ________. The Parties agree that this choice of law, venue, and jurisdiction provision is mandatory in nature.

b) ARBITRATION: In the event of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If such personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration administered in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and the rules of the arbitration body designated below. The arbitration shall be conducted by a single arbitrator, who shall have no authority to add parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable federal law and the laws of the State of ________. The arbitration shall take place in ________ and shall be administered by ________. Each Party shall pay its own costs and fees. The Parties knowingly and voluntarily waive any right they may have to a jury trial.

c) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.

d) ASSIGNMENT: This Agreement, and 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.

e) AMENDMENTS: This Agreement may be amended only by a writing signed by both Parties.

f) NO WAIVER: None of the terms of this Agreement shall be deemed waived by any act or acquiescence of either Party. Only an additional written agreement can constitute a waiver of any term of this Agreement. 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. Failure of either Party to enforce any term of this Agreement shall not constitute a waiver of such term or any other term.

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h) PUBLIC ANNOUNCEMENT: Neither Party will make any public announcement or disclosure about the existence of this Agreement or any of its terms without the prior written approval of the other Party, except as required by law.

i) ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous understandings, whether written or oral.

j) HEADINGS: Headings in this Agreement are for convenience only and shall not be construed to limit or otherwise affect the terms of this Agreement.

k) FORCE MAJEURE: Neither Party shall be liable for any failure to perform due to causes beyond its reasonable control, including, but not limited to, acts of God, acts of civil or military authorities, riots, embargoes, epidemics or pandemics, governmental orders, natural disasters, and other unforeseen circumstances.

l) NOTICES; ELECTRONIC COMMUNICATIONS PERMITTED: Any notice to be given under this Agreement shall be in writing and shall be sent by first-class mail, airmail, or email, to the address of the relevant Party set out at the head of this Agreement.

Notices sent as above shall be deemed to have been received three (3) working days after the day of posting (in the case of first class mail), seven (7) working days after the date of posting (in the case of airmail), or the next working day after sending (in the case of email).

In proving the giving of a notice it shall be sufficient to prove that the notice was left, or that the envelope containing the notice was properly addressed and posted, or that the applicable means of telecommunication was addressed and dispatched and that dispatch of the transmission was confirmed or acknowledged, as the case may be.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

EXECUTION

PERFORMER

Name: ________

Representative Name: ________

Representative Title: ________

Representative Signature: ____________________

Date: ________

CLIENT

Name: ________

Representative Name: ________

Representative Title: ________

Representative Signature: ____________________

Date: ________