Chorale Performance Agreement

CHORALE PERFORMANCE AGREEMENT

This Chorale Performance Agreement ("Agreement") is made effective as of by and between Organizer Name: and Performer Name: .

RECITALS

WHEREAS, Organizer engages performers for public and private musical presentations and desires to engage the services of the Chorale described herein; and

WHEREAS, Performer is a chorale ensemble with the necessary skill, personnel, and resources to render the performance services set forth in this Agreement; and

WHEREAS, the parties desire to set forth the terms and conditions under which Performer will provide a live choral performance for Organizer on the date(s) and at the location specified below.

PARTIES & CONTACT INFORMATION

PERFORMANCE DETAILS

Performance Date:   Start Time:   End Time:

SCOPE OF WORK

Performer will provide a live choral performance in accordance with the specifications below and in the manner of a professional ensemble. Performer shall supply all necessary vocalists and music as agreed, subject to the technical requirements and rider attached.

PAYMENT TERMS

Organizer agrees to pay Performer the total amount set forth below in consideration for the performance services. All amounts are in U.S. dollars.

Late Fee: Any undisputed amount not paid when due shall accrue interest at the rate of percent per month (or the maximum permitted by law), plus reasonable collection costs.

TERM AND TERMINATION

This Agreement commences on and expires on , unless earlier terminated in accordance with this Section.

Either party may terminate this Agreement for convenience upon written notice to the other party at least days prior to the effective termination date. In the event of termination by Organizer without cause within the notice period, Organizer shall remain liable for amounts due for services performed and reasonable costs incurred by Performer.

For material breach, the non-breaching party may terminate immediately by written notice if the breaching party fails to cure the breach within 10 days after receipt of written notice specifying the breach.

CONFIDENTIALITY

Each party acknowledges that in connection with the performance of this Agreement it may receive confidential or proprietary information of the other party. Each party agrees not to disclose such information to third parties and to use the same degree of care to protect such information as it uses with respect to its own confidential information, but in no event less than reasonable care. Confidential information shall not include information that is or becomes public through no breach of this Agreement or was rightfully in the receiving party's possession prior to disclosure.

INDEMNIFICATION & INSURANCE

Each party shall indemnify, defend, and hold harmless the other party and its officers, agents, and employees from and against any claims, liabilities, losses, or damages arising from the indemnifying party's negligent acts or willful misconduct in connection with this Agreement. Performer shall maintain general liability insurance and workers' compensation as required by law and provide evidence of such insurance upon request.

CANCELLATION

If Organizer cancels the engagement more than 30 days prior to the Performance Date, Organizer will forfeit the deposit only. If Organizer cancels within 30 days of the Performance Date, Organizer shall pay Performer the full contracted fee less any sums previously paid, unless otherwise agreed in writing. If Performer cancels, Performer shall refund all amounts received and shall, at Organizer's option, use commercially reasonable efforts to provide a suitable substitute ensemble acceptable to Organizer.

FORCE MAJEURE

Neither party shall be liable for delay or failure to perform due to causes beyond its reasonable control, including acts of God, public health emergencies, governmental action, strikes, labor disputes, or severe weather. If the Performance is rendered impossible by force majeure, the parties shall negotiate in good faith an equitable adjustment or rescheduling. If rescheduling is not possible within 90 days, either party may terminate and Organizer shall pay Performer for services already rendered.

PUBLICITY AND RECORDING

Organizer may photograph or record the performance for archival and promotional use only with Performer’s prior written consent. Any commercial use or broadcast requires a separate written agreement and compensation unless otherwise agreed in writing.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to conflict of law principles.

ENTIRE AGREEMENT & AMENDMENT

This Agreement, including any attachments and rider referenced herein, constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior negotiations and understandings. Any amendment or modification must be in writing and signed by authorized representatives of both parties.

MISCELLANEOUS

The parties are independent contractors. Neither party shall have authority to bind the other except as expressly set forth in this Agreement. If any provision is held unenforceable, the remaining provisions shall remain in full force and effect.

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