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Performance Contract

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Where will the performance take place?

Virginia

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PERFORMANCE AGREEMENT

THIS CONTRACT (the "Agreement") made and entered into this 16th day of November, 2018 (the "Execution Date"),

BETWEEN:

_________________________ of _________________________
(the "Client")

OF THE FIRST PART

- AND -

__________
(the "Performer")

OF THE SECOND PART

BACKGROUND:

  1. The Performer is a professional entertainer known as "_________________________".
  2. The Client wishes to engage the Performer subject to the terms and conditions as follows:

IN CONSIDERATION OF and as a condition of the Client hiring the Performer and other valuable consideration, the receipt and sufficiency of which consideration is acknowledged here, the parties to this Agreement agree as follows:

  1. Business Address of the Performer
  2. Any payments by check or money order should be made out to __________
    The Performer's business address is as follows:
    Address: _________________________
    Telephone: _________________________
  3. Business Address of the Client
  4. The Client's business address is as follows:
    Address: _________________________
    Telephone: _______________________
  5. Venue
  6. The place of performance (the "Venue") is located at:
    Name: _________________________
    Address: _________________________
    Telephone: _________________________
  7. Performance
  8. The entertainment to be provided by the Performer is generally described as ___________________________________ (the "Performance").
  9. Date and Time of Performance
  10. The Performance will consist of  one show on the date and between the times indicated in the table below and the Venue will be available for set-up and sound check at the date and time also indicated in the table:

    Set-up Time and Date

    Date of Show

    Start Time

    End Time

    __________ November 16, 2018

    November 16, 2018

    __________

    __________

  11. Payment
  12. In full consideration for all services rendered by the Performer at the Performance, the Client agrees to pay the Performer a fixed fee of $__________ USD (the "Fee").
  13. Deposit
  14. The Client will pay to the Performer $__________ USD as a deposit (the "Deposit") by November 16, 2018. If the Client fails to provide the Deposit promptly by November 16, 2018, the Performer may cancel this Agreement without further obligation.
  15. Performer Expenses
  16. The Performer agrees that the Fee is inclusive of all expenses, accommodations, holiday entitlements, traveling expenses to and from the Venue and covers any costs incurred by the Performer whatsoever, except as expressly provided in this Agreement.
  17. Payment of Balance
  18. Promptly after the last show on the final date of the Performance, the Client will pay to the Performer any outstanding balance of the Fee in cash, money order, certified check, or online payment.
  19. Cancellation
  20. The Performer reserves the right to cancel this Agreement without obligation upon written notice to the Client prior to November 16, 2018. In the event the Performer cancels the Performance under the terms of this section, the Deposit will be returned to the Client promptly.
  21. The Client reserves the right to cancel this Agreement without obligation upon written notice to the Performer prior to November 16, 2018. In the event of said cancellation, the Deposit will be returned promptly. Cancellation by the Client for any reason later than November 16, 2018 will result in forfeit of the Deposit. Cancellation by the Client later than November 16, 2018 will also require payment of any outstanding balance of the full Fee.
  22. Non-performance by the Client
  23. Those obligations of the Client required to be met prior to the Performance are conditions precedent which must be satisfied in full by the Client before the Performer is required to perform unless otherwise agreed to by all parties in writing. If the Client cancels or postpones the Performance, or any show comprising the Performance, without proper notice or fails to make any payment or fails to perform any other condition precedent as required by this Agreement then the Client will be in breach of this Agreement and the Performer will have no further obligations under this Agreement. The Client will forfeit any Deposit already paid to the Performer.
  24. Security Deposit
  25. The Performer will not be required to post a security deposit against any or all possible damage related to or arising from the Performance.
  26. Force Majeure
  27. Neither the Performer nor the Client will be held liable for any failure to perform its obligations under this Agreement where such breach is due to any of the following: acts or regulations of public authorities, labor difficulties or strike, inclement weather, epidemic, interruption or delay of transportation service, acts of God, or any other legitimate cause beyond the reasonable control of the Performer and the Client.
  28. Sickness and Accidents
  29. The Performer agrees to meet its obligations under this Agreement subject to legitimate incapacity by sickness or accident. Failure to meet its obligations under this section will result in the Performer returning any and all outstanding deposits to the Client.
  30. No Recording of the Performance
  31. Recording or transmitting of the Performance by anyone through any means whatsoever will not be allowed under this Agreement. It is the responsibility of the Client to enforce this provision.
  32. Exclusivity
  33. The Performer will perform exclusively for the Client throughout the actual period of services of this Agreement unless otherwise provided by the Client in writing. The Performer at the time of signing this Agreement will not be under any contract to a third party that might preclude the Performer from fulfilling the requirements of this Agreement.
  34. Indemnification
  35. The Performer is responsible only for its own conduct. The Performer will be compensated by the Client for any and all damage done to the Performer's equipment by the Client, its agents or guests. The Client indemnifies and holds the Performer harmless for any and all property damage or personal injury that results from or is related to the Performance that is not directly caused by the Performer.
  36. Permits
  37. The Client warrants and represents that it has obtained any and all permits, approvals, licenses and variances necessary for the Performance.
  38. Security
  39. The Client will take reasonable precautions for the safety of the Performer and the Performer's equipment during all aspects of the Performance and at all times while the Performer and the Performer's equipment is on the Venue premises. The Client is also responsible for ensuring that only the Performer and its designated technicians and representatives are allowed on stage or in the backstage area.
  40. Picket Lines
  41. The Performer will not be required to cross a picket line established by a labor organization at the Venue nor will the Performer be disciplined, or this Agreement be considered or deemed breached by the Performer, by reason of the Performer's refusal to cross such picket line.
  42. Governing Law
  43. This Agreement will be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia. The Client and the Performer each submit to the jurisdiction of the courts of the Commonwealth of Virginia for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement.
  44. Covenant of Good Faith and Fair Dealing
  45. The Client and the Performer agree to perform their obligations under this Agreement, in all respects, in good faith.
  46. Miscellaneous Terms
  47. Time is of the essence in this Agreement.
  48. This Agreement may be executed in counterpart. Facsimile signatures are binding and are considered to be original signatures.
  49. No part of the Performance may consist of acts in violation of any local laws, codes, statutes, ordinances, regulations, rules or any other requirements including building and fire regulations. If the Performer violates this section, the Client may immediately cancel the Performance and this Agreement.
  50. The Performer's representative warrants that by signing this Agreement it has the authority to bind the Performer to the terms and conditions of this Agreement.
  51. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
  52. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
  53. This Agreement contains the entire agreement between the parties and cannot be changed except by written instrument subsequently executed by the parties to this Agreement. All negotiations and understandings have been included in this Agreement. Statements or representations which may have been made to the Client by the Performer, or to the Performer by the Client, in the negotiation stages of this Agreement may in some way be inconsistent with this final written contract. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
  54. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Performer's successors, assigns, executors, administrators, beneficiaries, and representatives, and the Client's successors and assigns.
  55. The Performer specifically warrants and represents that all copyrighted material to be performed has been licensed or authorized by the copyright owners or their representatives. The Performer indemnifies the Client for any copyright infringement and any expenses that may result from such copyright infringement during or as the result of the Performance.
  56. The Client will be responsible for providing suitable power and electricity for the Performance.
  57. It is the intent of the parties to this Agreement that the Performer is an independent contractor and will control the manner and means of the Performance. The Client will control the scheduling of the Performance. The Performer is not an employee of the Client. The exclusive nature of this Agreement is limited to the duration of the Performance and it is expected that the Performer will enter other similar agreements with other clients.
  58. Any notices or delivery required here will be deemed completed when hand-delivered, delivered by agent, or seven days after being placed in the mail, postage prepaid, to the parties at the respective addresses contained in this Agreement or as the parties may later designate in writing.

IN WITNESS WHEREOF the Client and Performer have duly affixed their signatures under hand and seal on this 16th day of November, 2018.



_____________________________
Witness


_____________________________
_________________________



_____________________________
Witness



_____________________________
__________

Performance Contract

Alternate Names:

A performance contract is also known as a/an:

  • Entertainment Contract
  • Performance Agreement
  • Music Performance Contract
  • Band Performance Contract

What is a Performance Contract?

A Performance Contract outlines the terms and conditions of a performance that is taking place at a private or commerical venue.

When do I need a Performance Contract?

A Performance Contract is generally used whenever an entertainer, like a singer, will be performing at a private or commercial event. Common scenarios requiring a Performance Contract are:

  • Weddings
  • Concerts and shows
  • Corporate events, such as company parties
  • Family reunions

Who should use a Performance Contract?

Generally, Performance Contracts are used by venues and event managers to set out the terms and conditions of the upcoming performance to the performer. Performance Contracts can also be used by the performer themselves, or the performer's agency.

For example, a wedding singer could use a Performance Contract to present the terms and conditions of the performance to their client (the bride, groom, or wedding planner) as part of the event planning process.

Other examples of independent contractors that should use a Performance Contract include bands, DJs, clowns, magicians, dancers or dance groups, and artists.

An entertainment venue can use a Performance Contract to protect their interests in terms of scheduling acts and managing cancellations, accidents, illnesses, and other unforeseen events.

What is included in a Performance Contract?

A Performance Contract clarifies all essential terms and conditions relating to a performance and provides certainty and protection to both parties before the performance takes place.

Performance Contracts are available in both long and short versions. Both versions include informational terms like:

  • Obligation to prevent prohibited recording
  • Budget
  • Expenses (in further details)
  • Sound and lighting
  • Advertising
  • Force Majeure (unforeseeable circumstances that may prevent contract fulfillment)

The short version of the Performance Contract omits any terms that are not absolutely necessary to mention. The short version is generally more suitable for more informal shows or entertainment events, such as a birthday party entertainer or small acoustic performance at a person's home. Long version is more precise, easier to enforce, and includes more information, such as additional performer duties and customer duties.

Related Documents:

  • Music Recording Contract: an agreement between an artist and a recording studio or company to specify the terms and conditions of music produced in a studio recording session
  • Independent Contractor Agreement: a service agreement detailing the relationship between the independent contractor and the client
  • Consulting Agreement: a contract between the consultant, also known as a freelancer or contractor, and a business or individual that outlines the terms and conditions of the work being provided
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