Fill and Sign the Booking Agreement Form

Entertainment Booking Agreement This agreement is made as of _____________ (date) by and between _______________________ (Name of Martial Arts Promoter) , a limited liability company organized and existing under the laws of the state of ______________, with its principal office located at ______________________________________________ (street address, city, state, zip code) , referred to herein as Promoter , and __________________________ (Name of Owner of Venue) , a corporation organized and existing under the laws of the state of ______________, with its principal office located at _____________________________________________________________ (street address, city, state, zip code) , referred to herein as Venue Owner . Whereas, Promoter promotes mixed martial arts contests at various venues; and Whereas, Promoter supplies the mixed martial artists (hereinafter called MMA ) in exchange for the consideration hereinafter described; Whereas, Venue Owner desires for Promoter to promote and coordinate mixed martial arts contests at its venue located at ___________________________________ _________________________________ (street address, city, state, zip code) , hereinafter called the Venue ; and Whereas, Promoter is willing to promote such mixed martial artists contests at said Venue pursuant to the terms of this Agreement; 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. Promotion: Promoter shall promote and coordinate martial artists contests at said Venue on __________________ (date) , beginning at ____________ (time) and ending at approximately _______________ (time) . Said contests to be performed on said date is hereafter referred to as the Event . 2. Mixed Martial Artists: The names and addresses of the MMA who will compete at the Event are set forth in Addendum A . Promoter reserves the right to substitute another qualified MMA due to injury of illness of the MMA named in Appendix A . 3. Responsibilities of Venue Owner A. Venue Owner shall supply, at its expense, the following facilities, lighting and equipment for the MMA and for the Event: (describe) ____________ __________________________________________________________ . B. Upon execution of this Agreement, Venue Owner shall pay to Promoter a nonrefundable deposit in the amount of $___________. C. On or before _______________ (date) , Venue Owner shall pay to Promoter an amount equal to all ticket sales on the night of the Event. Said payment shall be made to Promoter at _________________________________ ____________________________________________ (address or location) . D. Marketing All marketing for the Event shall be agreed upon by the parties on or before (date) and Venue Owner shall pay _____% of such marketing to the appropriate parties when due. All marketing materials will include any logos of the Venue. E. Venue Owner shall supply, at its expense, adequate security for the Event. 4. Responsibilities of Promoter A. Promoter shall promote and coordinate the Event and supply the MMA for the Event. B. Promoter shall obtain and maintain all insurance and licenses required by law for the Event at its expense. 5. Miscellaneous A. No charge to the Promoter shall be made by the Venue Owner for use of the Venue for the Event. ( Alternative: The sum of $___________ shall be paid by Promoter to Venue Owner on or before _________________ (date) for use of the Venue for the Event.) B. Venue Owner shall provide all food and beverages for the Event and shall retain all revenue from the sale of such food and beverages. No minimum amount of sales of food and beverages shall be required for the Event. C. All Photos and Videos taken at the Event by either party may be used by Promoter for future highlight reels, DVD productions, commercials, and similar marketing devices. The name of the Venue shall be appropriately used in all such marketing. Promoter (or Venue Owner) shall be responsible for obtaining any necessary releases from the people shown in such marketing material. D . During the Event, and the time leading up to and immediately following the Event, Venue Owner will carry liability and workers compensation insurance with a company and in such amounts approved by Promoter. 6. Sanitary Working Conditions Venue Owner agrees to comply with the rules as set forth in this Paragraph pertaining to the maintenance of safe and sanitary working conditions for the MMA. A. All dressing rooms shall be clean, properly heated, and shall have adequate lights, mirrors, shelves and wardrobe hooks. B. Alleyways leading to stage doors shall be accessible and properly lighted. C. Each dressing room shall contain at least one washstand with hot and cold running water for every __________ (number) MMA assigned to the dressing room. D. Toilet facilities shall be maintained in good working order and kept clean and sanitary, shall be on each dressing room floor, and shall be adequate for _______ (number) MMA. E. There shall be a sufficient number of showers for _______ (number) MMA. F. Ventilation of the dressing rooms and of all change rooms shall meet the standards set by municipal, count, and state health codes. 7. No Other Performances Venue Owner agrees that without the written consent of the Promoter, it shall not allow a similar mixed martial arts contest to be hosted at the Venue for a period of _________ (number) year(s) from the date of this Agreement, nor shall Venue Owner sponsor or host a similar mixed martial arts contest at any other venue in the City of ________________________ (name) for said period of time without the written permission of Promoter. If Venue Owner violates this condition, it shall pay the Promoter, as liquidated damages and not as a penalty, the sum of $_______________. 8. Hold Harmless A. Venue Owner agrees to indemnify and hold Promoter harmless from any and all losses, damages, liability, or expenses (including reasonable attorney's fees) incurred by Promoter, arising from loss of life, personal injury or property damage, caused by or resulting from, in whole or in part, any negligent act or omission or intentional misconduct of Venue Owner, or any officer, agent, contractor or employee of Venue Owner, in connection with or while carrying out this Agreement. B. Promoter agrees to indemnify and hold Venue Owner harmless from any and all losses, damages, liability, or expenses (including reasonable attorney's fees) incurred by Venue Owner, arising from loss of life, personal injury or property damage, caused by or resulting from, in whole or in part, any negligent act or omission or intentional misconduct of Promoter, or any officer, agent, contractor or employee of Promoter, in connection with or while carrying out this Agreement. 9. Force Majeure If the Venue is destroyed by fire, flood or any other calamity, or if by reason of strikes, lockouts or any other cause beyond the Owner's control, and the Owner is unable to make the Venue available for the Event in accordance with this Agreement, then the Owner shall not be liable to the Promoter for any consequential damages. 10. 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. 11. 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. 12. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ________________. 13. Notices Unless provided herein to the contrary, 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 20. Compliance with Laws In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties. WITNESS our signatures as of the day and date first above stated. __________________________ _________________________ (Name of Promoter) (Name of Venue Owner) By: ___________________________ By: ______________________________ ________________________ _________________________ (P rinted Name & Office in LLC) (P rinted Name & Office in Corporation) ________________________ _________________________ (Signature of Officer) (Signature of Officer) Attach Addendum A