This contract for performance by [Name], known as and performing as [Name/Title] is between [Name] by and through his agent and authorised representative ___________________________ (“Artist”), and ___________________________ (“Client”). For the mutual promises, obligations and considerations set forth herein, the parties agree to be bound as follows:
A. PERFORMANCE
1. General Provisions.
Artist hereby agrees to perform at the following event:
EVENT NAME:
EVENT DATE:
PERFORMANCE TIME: BEGIN: END:
PERFORMANCE LENGTH:
VENUE NAME:
VENUE ADDRESS:
Artist shall provide all equipment necessary for his performance except that equipment otherwise specified in this contract. Further, Client shall provide other acts, performers or entertainment at this event other than Artist. Artist is not to be the only performer/entertainer for the event.
2. Equipment/Materials to be Provided by Client
Client shall provide the following equipment and/or materials:
1.
2.
3.
If equipment of these specifications is not available, Client must obtain Artist’s consent to the use of substitute equipment of like kind and quality. Client warrants that all equipment shall be in proper working condition. Artist shall not be responsible for any interruption, delay or non-performance of all or part of his performance under this contract due to failure of any equipment provided by Client under this paragraph.
3. Recording/Taping
Unless specifically authorized by Artist at the time of performance, there shall be no taping or recording of his performance by any means, including but not limited to audio, visual, magnetic, analog, digital, DAT or MiniDisc. Client shall assure that no other person records or tapes Artist’s performance, including but not limited to the contractor or individual providing sound and/or audio services for the event.
4. Venue/Licensing/Permits
Client agrees to provide a safe and secure venue for performance with all necessary permits and licenses for the event stated above. Where required, Client also agrees to be responsible for obtaining and/or reimbursing Artist for any work permits necessary by local law.
5. Client’s Designee/Point-of-Contact.
Upon arrival, Client shall designate one (1) individual who shall be an agent of the Client who shall serve as the point of contact between Client and Artist. This individual must be available throughout the entire performance time, including all times prior to and following performance to assist Artist as necessary. If Artist is arriving in the performance city by means of common carrier, this individual shall remain with Artist from the time of arrival throughout the time of departure, as dictated by Artist. For all time periods specified in this contract, this individual shall remain sober and free from the influence of any drugs or alcohol. Determination of sobriety shall be made in the sole and reasonable opinion of Artist. Breach of this sobriety provision shall be deemed a default under this contract and Client shall be liable in suit for double the full contract price set forth herein as liquidated damages.
B. ADDITIONAL TERMS
1. Loss for Non-Performance.
Artist assumes no liability for non-performance for reasons outside of his direct and immediate control, including, but not limited to acts of God, fire, acts of federal, state and/or local authorities and airlines, railways, taxis or other common carriers. In the event that performance by the Artist is made impossible due to such an occurrence, the deposit paid by the Client shall be retained by Artist as liquidated damages. In the event that the cause of non-performance by Artist is within his exclusive control, any deposit paid shall be refunded to Client within sixty (60) days of the performance date.
2. Transportation to/from Performance City.
Where the city of performance under this contract is greater than 180 miles from _____________________ (as verified by Google! on-line driving maps), Client shall be responsible to provide round-trip air transportation for Artist and to pay all costs associated with such transportation. If air transportation to the performance city is not available or is not practical, transportation by other forms of common carrier may be supplied and must be approved by Artist in writing not less than seven (7) days prior to the performance date. Where the city of performance is less than 250 miles from [City] (as verified above), Client is responsible to pay for all fuel, tolls and other associated expenses related to round-trip automobile travel by Artist. Fuel cost shall be calculated at 20 miles per gallon multiplied by the average [City] area cost for regular, unleaded fuel at the time of entry of this contract. Toll cost shall be the actual toll cost for travel on toll highways to the performance city. The amount derived from these calculations for automobile travel shall be paid at the time of the deposit. Client shall remain responsible for any increase in the cost of fuel or tolls as of the performance date and shall pay any increased cost to the Artist at the time of the payment of the balance of this contract.
3. Water/Laminates/Lodging.
Client shall provide free bottled water or other suitable beverage to Artist throughout the entire period from arrival until departure from the venue. At his own option and expense, the Artist shall be permitted to bring his own beverage to the performance venue for his personal consumption. Client shall provide laminates or passes for Artist and one (1) guest. Where the venue for performance is greater than 100 miles from _________________ (as verified by Yahoo! on-line driving maps), Client shall provide hotel accommodations (one room) with guaranteed late check-out. Hotel must be less than 20 miles from the venue location unless prior arrangements are made with Artist and so noted in this contract.
4. Promotion/Advertising/Use of Name.
Client shall not publicize in any manner (including, but not limited to, fliers, web pages or web publication in any form, e?mail promotions or announcements and any other form of written, electronic, digital, graphic or spoken mediums) the name __________________ or any variant thereof until such time as a signed contract and deposit have been paid by Client and received by the Artist and/or his agent. Further, in any type of publication or promotion which may be permitted under this Section, Client shall list the Artist as _____________________________. Failure of Client to strictly abide by this clause shall result in an immediate default under this contract which shall terminate the obligation of Artist to further perform under the terms of this contract and to retain the deposit paid by Client as liquidated damages.
5. Ground Transportation.
In any case where the Artist is arriving by common carrier (airplane, train, bus or other such means), Client shall assure that an agent of the Client’s is present to meet the Artist at the time of his arrival. If Client’s agent is not present at the time of arrival or fails to identify himself or herself to the Artist, it shall be within the sole discretion of the Artist, after twenty (20) minutes following his arrival, to take whatever from...
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