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PERFORMANCE AGREEMENT

THIS CONTRACT (the "Agreement") made and entered into this 27th day of July, 2017 (the "Execution Date"),

BETWEEN:

_________________________ of _________________________
(the "Customer")

OF THE FIRST PART

- AND -

_________________________
(the "Performer")

OF THE SECOND PART

BACKGROUND:

  1. The Performer is a professional entertainer known as "_________________________".
  2. The Customer wishes to engage the Performer and is willing to undertake to do so, subject to the terms and conditions as follows:

IN CONSIDERATION OF and as a condition of the Customer 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 Customer
  4. The Customer'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 date of the Performance is July 27, 2017. The Venue will be available for set-up and sound check on July 27, 2017 at __________. The Performer will play one set on this date as follows:

    Set

    Start Time

    End Time

    Set 1

    __________

    __________

  11. Payment
  12. In full consideration for all services rendered by the Performer at the Performance, the Customer agrees to pay the Performer a fixed fee of $0.00 USD (the "Fee").
  13. Deposit
  14. The Customer will pay to the Performer $0.00 USD as a deposit (the "Deposit") by July 27, 2017. If the Customer fails to provide the Deposit promptly by July 27, 2017, the Performer may cancel this Agreement without further obligation.
  15. Overtime Rate
  16. If and when agreeable to the Customer and the Performer, the time of the Performance may be extended at the hourly overtime rate of $0.00 USD, to be paid prior to the overtime period.
  17. Performer Expenses
  18. The Customer will furnish at its sole cost and expense the ground transportation for the Performer for all needs related to the Performance.
  19. The Customer will provide at its sole cost and expense hotel accommodations for the Performer for the duration of the Performance
  20. The Customer will provide at its sole cost and expense airline tickets for the Performer to and from the Venue.
  21. The Customer will provide at its sole cost and expense free meals for each day of the Performance. The Customer will not provided any complementary tickets to the Performer for the Performance.
  22. Payment of Balance
  23. Promptly after the last set on the final date of the Performance, the Customer will pay to the Performer any outstanding balance of the Fee in cash, money order, or certified check.
  24. Cancellation
  25. The Performer reserves the right to cancel this Agreement without obligation upon written notice to the Customer prior to July 27, 2017. In the event the Performer cancels the Performance under the terms of this section, the Deposit will be returned to the Customer promptly.
  26. The Customer reserves the right to cancel this Agreement without obligation upon written notice to the Performer prior to July 27, 2017. In the event of said cancellation, the Deposit will be returned promptly. Cancellation by the Customer for any reason later than July 27, 2017 will result in forfeit of the Deposit. Cancellation by the Customer later than July 27, 2017 will also require payment of any outstanding balance of the full Fee.
  27. Non-performance by the Customer
  28. Those obligations of the Customer that are to be performed prior to the Performance of the Performer are conditions precedent which must be performed in full by the Customer before the Performer is required to perform unless otherwise agreed to by all parties in writing. If the Customer cancels or postpones any 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 Customer will be in breach of this Agreement and the Performer will have no further obligations under this Agreement. The Customer will forfeit any Deposit already paid to the Performer.
  29. Sound and Lighting Systems
  30. The Performer will use the sound and light systems provided by the Customer. The Customer will provide and compensate personnel to operate as lighting technician and sound engineer. The Performer will designate a representative who will have sole authority in mixing and controlling all sound equipment during the Performance and during each rehearsal. Notwithstanding the above, the adjustment of the volume and sound level of any equipment will be at the sole discretion of the Customer.
  31. Security Deposit
  32. The Performer will not be required to post a security deposit against any or all possible damage related to or arising from the Performance.
  33. Force Majeure
  34. Neither the Performer nor the Customer 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 Customer.
  35. Sickness and Accidents
  36. 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 Customer.
  37. Key Personnel
  38. The Performer agrees to notify the Customer of any changes in key personnel prior to the date of the Performance. In the event of any changes in the key personnel, the Customer may cancel this Agreement and receive a refund of the Deposit.
  39. No Recording of the Performance
  40. 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 Customer to enforce this provision.
  41. Advertising
  42. The Customer will be responsible for all promotion of the Performance. The Customer agrees to use its best efforts to promote the Performance through appropriate media. The Performer will not be permitted to promote the Performance in any way without the consent of the Customer and will not be allowed to advertise or promote the Performance through any means that is prohibited by relevant statute or that could be construed as offensive.
  43. The Performer agrees that the Customer may use the Performer's name, photographs, and other likenesses to promote the Performance. The Performer will provide the Customer with copies of the Performer's promotional materials suitable for this purpose. The Customer's right to use the Performer's name is limited to the period beginning with the Execution Date and ending upon completion of the Performance or upon cancellation of this Agreement.
  44. Exclusivity
  45. The Performer will perform exclusively for the Customer throughout the actual period of services of this Agreement unless otherwise provided by the Customer 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.
  46. Indemnification
  47. The Performer is responsible only for its own conduct. The Performer will be compensated by the Customer for any and all damage done to the Performer's equipment by the Customer, its agents or guests. The Customer 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.
  48. The Customer warrants and represents that it has, or will obtain, sufficient personal injury and property damage liability insurance with respect to the activities of the Customer, its employees, agents or guests in relation to the Performance.
  49. Permits
  50. The Customer warrants and represents that it has obtained any and all permits, approvals, licenses and variances necessary for the Performance.
  51. Pyrotechnics
  52. No pyrotechnic devices will be allowed during the Performance. Violation of this provision will result in immediate cancellation of the Performance and this Agreement.
  53. Security
  54. The Customer 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 Customer is also responsible to ensure that only the Performer and its designated technicians and representatives are allowed on stage or in the backstage area.
  55. Picket Lines
  56. 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.
  57. Governing Law
  58. The Customer and the Performer 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.  This Agreement will be enforced or construed according to the laws of the Commonwealth of Virginia.
  59. Mediation and Arbitration
  60. If a dispute will arise under the terms of this Agreement, the party claiming the dispute will have _______ days to notify the other party. The party not claiming the dispute will have _______ days to remedy the dispute. In the event that the dispute is not remedied within this time period, then any party at its option will have 10 days to submit the dispute to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute, any outstanding issues will be submitted to final and binding arbitration in accordance with the statutory rules of that program. If such services are not available, the dispute will be submitted to arbitration in accordance with the laws of the Commonwealth of Virginia. The arbitrator's award will be final, and judgment may be entered upon it by any court having jurisdiction within the Commonwealth of Virginia.
  61. Covenant of Good Faith and Fair Dealing
  62. The Customer and the Performer agree to perform their obligations under this Agreement, in all respects, in good faith.
  63. Miscellaneous Terms
  64. Time is of the essence in this Agreement.
  65. This Agreement may be executed in counterparts.  Facsimile signatures are binding and are considered to be original signatures.
  66. The Performer and the Performer's crew will not be in possession or consume at the Venue any drugs or alcoholic beverages.
  67. 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. The Performance will not contain any lewd or indecent acts, images or language. If the Performer violates this section, the Customer may immediately cancel the Performance and this Agreement.
  68. 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.
  69. 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.
  70. 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.
  71. 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 Customer by the Performer or to the Performer by the Customer, 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.
  72. 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 Customer's successors and assigns.
  73. 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 Customer for any copyright infringement and any expenses that may result from such copyright infringement during or as the result of the Performance.
  74. The Customer will be responsible for providing suitable power and electricity for the Performance.
  75. 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 Customer will control the scheduling of the Performance. The Performer is not an employee of the Customer. 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 customers.
  76. Any notices or delivery required here will be deemed completed when hand-delivered, delivered by agent, or seven days after being placed in the post, 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 Customer and Performer have duly affixed their signatures under hand and seal on this 27th day of July, 2017.


_____________________________
Witness


_________________________

per: ____________________(seal)

_____________________________
Witness


_____________________________
_________________________

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