Agreement for Performing Artist

Agreement with Performing Artist to Give a Concert

Agreement made on the date, between , of , hereinafter called Producer, and of , hereinafter called Artist, of .

Whereas, Producer is producing a concert (the Concert) on at , located at ; and

Whereas, Producer desires to use Artist's personal services, and Artist wishes to provide to Producer his/her personal services, by using his/her unique personal talent in performing at Concert;

Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Date, Time and Place:

Artist shall give a on , beginning at and ending at at the in . Artist shall arrive to the performance no later than hours prior to the performance.

2. Notification

Artist or his representative must call the Producer or his representative at least business days preceding the performance, confirming that expected time of arrival of Artist the equipment, mode of transportation, local accommodations and any other information pertinent to implementation of this Agreement. If delays are incurred en route to the performance site that might affect the rehearsal and/or performance time, proper notification shall be given by the Artist or his representative at .

3. Payment

Producer agrees to pay Artist the sum of $ on or before . Expenses such as transportation and housing arrangement will be responsibility of the Artist. In the event that transportation is at any time furnished by the Producer to the Artist, then in consideration of the foregoing, the Artist hereby releases and forever discharges the Producer of and from all liability, claims, actions and possible causes of action and whatsoever that may occur to the Artist of same from every and any loss, damage and injury (including death) that may be sustained by the Artist and property of same during the course of said transportation.

4. Equipment

Producer understand that the Artist’s concert is a completely self-contained concert and will not require supplement musicians, equipment, musical instrument or other services by and/or at the expense of the Producer unless otherwise specified in this Agreement. All equipment provided by the Producer shall remain under complete supervision, direction and control of the Producer. The Producer is not responsible for any equipment not specifically stated in this Artist’s Agreement. Artist shall pay for all rental costs of said equipment.

5. Acts of God

Producer is hereby relieved of any liability if unable to meet the responsibilities because of any Acts of God, riot, epidemics, strike, any act or order of public authority, any other cause similar or dissimilar beyond the control of the Producer. Producer shall not be held responsible if, through an Acts of God, or conditions beyond the control of Producer, Producer is unable to provide a concert hall on the date and time when the engagement herein is scheduled. Furthermore, if such act or conditions occur, Producer is not liable for any damages the Artist might suffer.

6. Expenses

If for any reason except due to an Act of God, riot, epidemic or any act of public authority this Agreement is cancelled by the Artist beyond the cancellation clause contained herein, or change of date is required by the Artist for any reason other than an Act of God, riot, epidemic, or act of public authority, the Artist agrees to reimburse the Producer for its bonafide out-of-pocket expenses within thirty (30) days of presentation. These expenses may include, but are not limited to ticket printing, brochure and poster design and printing, program printing, advertisement, mailing, telecommunications, funds to pay for any alcoholic beverages or credit or tab(s) kept at the bar for the Artist and/or any member of the group of Artist.

7. Re-scheduling Performance

If this Agreement is cancelled by the Artist, the Artist hereby agrees to reschedule the performance at the earliest possible date which is convenient for both parties and under the terms of this Agreement. This decision to reschedule or not is at the sole discretion of the Producer.

8. Inability to Perform

If the Artist arrives at the performance within a reasonable time prior to the scheduled performance under the influence of intoxicating beverages, narcotics or drug, and as a result thereof, in the opinion of the Producer, the Producer shall consider this a breach of Agreement by the Artist.

9. Reproduction of Performance

Producer agrees to prevent, to the best of its ability, the filming, broadcasting, recording, or reproduction by radio, television, or any other devices, of the performance(s) without written permission of the Artist. Conversely, written permission of the Producer shall be required for any filming, broadcasting, recording or reproduction by radio, television or any other device, of the performance(s) by the Artist or agent or any other person. The Producer shall retain the right to limited photographs of said performance for use in advertisements within the concert hall and brochures advertising upcoming attractions.

10. Complimentary Tickets

Artist is entitled to complimentary tickets, but the Producer will not release these tickets if they are not properly assigned by the Artist or picked up by the guests of Artist by a mutually agreed time. The value of there tickets will not be included in the value of the gate sales and thus excluded from any percentage payments. A written justification must be made to the Producer if more than ten (10) complimentary tickets are required.

11. Third Party Obligation

Union fees, welfare, and insurance obligations are a part of the cost of production and are included in the compensation specified in this agreement. Therefore the Producer shall not be responsible for the payment of these obligations. Producer will not be held responsible for any rules, regulations, nor policies of any organization mentioned in this Agreement which are not specifically stated in this Agreement.

12. Promotional Material

It is understood that the Artist will provide reasonable quantity of current biographical and promotional material to the Producer at the time of the signing of this Agreement. The Producer requests the following items to assist with the promotion of this performance immediately following signing of the Agreement.

13. Severability

The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.

14. No Waiver

The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

15. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

16. Notices

Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

17. Attorney’s Fees

In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees.

18. Mandatory Arbitration

Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

19. Entire Agreement

This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

20. Modification of Agreement

Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

21. Assignment of Rights

The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

22. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine.

WITNESS our signatures as of the day and date first above stated.