Artistic Presentation Agreement

ARTISTIC PRESENTATION AGREEMENT

This Artistic Presentation Agreement (the "Agreement") is entered into as of by and between Presenter Name: with address and Artist Name: with address .

RECITALS

WHEREAS, Presenter organizes, promotes and presents live artistic performances for public engagement and commercial exhibition; and

WHEREAS, Artist is a performing artist engaged in the creation and performance of the artistic program described herein and represents that Artist has the experience and ability to perform the program; and

WHEREAS, Presenter wishes to engage Artist to render a performance on the terms and conditions set forth below.

NOW, THEREFORE

In consideration of the mutual covenants contained herein, the parties agree as follows:

1. ENGAGEMENT

Presenter hereby engages Artist, and Artist accepts such engagement, to provide an artistic presentation (the "Performance") described in Section 2 below, subject to the terms and conditions of this Agreement.

2. PERFORMANCE DETAILS

Performance Date: at Location: .

3. COMPENSATION

Presenter shall pay Artist a guaranteed fee of (the "Fee"). A deposit of is due by . The balance is due no later than , unless otherwise agreed in writing.

Payments shall be made by the following method: . Late payments shall bear interest at the rate of 1.5% per month or the maximum permitted by law, whichever is less.

4. EXPENSES

Presenter will reimburse Artist for reasonable, pre-approved travel and lodging expenses incurred in connection with the Performance up to . Per diem shall be per day, unless otherwise agreed.

5. TECHNICAL AND PRODUCTION REQUIREMENTS

Artist shall provide Presenter with a technical rider describing equipment, stage plot and personnel requirements no later than . Presenter agrees to provide a venue meeting minimum technical specifications set out in the rider; failure to provide such specifications shall be grounds for Artist's immediate cancellation with full refund of monies paid to Artist.

6. MERCHANDISE AND REVENUE

Merchandise sales at the Performance are: Allowed Disallowed.

If allowed, net merchandise revenue shall be divided as follows: Artist / Presenter .

7. RECORDING, PHOTOGRAPHY AND BROADCAST

Recording or live broadcast of the Performance by Presenter: Permitted Not permitted.

If permitted, Presenter shall not exploit any recording, broadcast or reproduction for commercial use other than for promotion without Artist's prior written consent and agreed compensation of .

8. INTELLECTUAL PROPERTY

Artist retains all copyright and moral rights in the musical compositions, choreography, scripts and other original works embodied in the Performance except as expressly licensed in writing. Presenter shall not claim ownership of Artist's pre-existing works. Any limited license granted to Presenter for promotion or archival purposes shall be non-exclusive, royalty-free unless otherwise agreed in writing, and revocable upon breach.

9. CANCELLATION AND FORCE MAJEURE

Either party may cancel this Agreement upon written notice where the other party materially breaches any term and fails to cure within ten (10) days after receipt of notice. In the event of cancellation by Presenter without cause less than seven (7) days prior to the Performance, Presenter shall remain liable for the Fee unless otherwise negotiated.

Neither party shall be liable for failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, pandemics, government orders, strikes, or severe weather ("Force Majeure"). If a Force Majeure event prevents performance for more than thirty (30) days, either party may terminate this Agreement without further obligation except for obligations accrued prior to the event.

10. INSURANCE, INDEMNITY AND LIABILITY

Presenter shall maintain venue liability insurance covering claims arising out of the Performance. Presenter liability coverage shall have limits of not less than per occurrence. Artist shall maintain general liability insurance if Artist's personnel operate road equipment or if required by Presenter.

Each party agrees to indemnify, defend and hold harmless the other party and its officers, employees and agents from and against any claims, losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising from the indemnifying party's negligence, willful misconduct or breach of this Agreement; provided, however, that indemnification shall be subject to any limitations of liability set forth herein.

11. REPRESENTATIONS AND WARRANTIES

Each party represents and warrants that it has full power and authority to enter into and perform this Agreement and that its execution and performance will not violate any agreement with a third party. Artist represents that the Performance will not infringe third party intellectual property rights and that Artist has the right to grant any licenses set forth in this Agreement.

12. CONFIDENTIALITY

The parties agree that commercially sensitive terms, technical riders, fee amounts and other proprietary information disclosed in connection with negotiations and this Agreement shall be kept confidential and shall not be disclosed to any third party except as required by law or with the prior written consent of the other party.

13. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth below (or to such other address as a party may designate by notice):

14. AMENDMENTS; WAIVER

No amendment, modification or waiver of any provision of this Agreement shall be effective unless set forth in a written instrument signed by both parties. No failure or delay by either party in exercising any right shall operate as a waiver thereof.

15. GOVERNING LAW; VENUE

This Agreement shall be governed by and construed in accordance with the laws of , without regard to its conflicts of laws principles. The parties submit to the exclusive jurisdiction of the state and federal courts located in that jurisdiction for resolution of disputes arising out of this Agreement.

16. ENTIRE AGREEMENT; SEVERABILITY; COUNTERPARTS

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, proposals and agreements, written or oral. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.

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