Church Musician Contract

Contract with Church Music Director

Contract made on the day of , 20 , between

of

, hereinafter called the Music Director, and

a nonprofit corporation organized and

existing under the laws of the state of , with its principal office located at , referred to herein as Church.

For and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the parties agree as follows:

1. Church hereby employs Music Director, and Music Director accepts such employment, to act as the Church’s Music Director subject to all the terms and conditions below.

2. Services. Music Director duties shall include:

A. Conducting the Church’s regular weekly rehearsals evening from to and all additional rehearsals, including dress rehearsals, to prepare the chorus for its regular performance season. The precise number of regular rehearsals and performances for are set forth on Exhibit A attached to this Agreement.

B. Conducting the season repertoire performances, including any out-of-town or special performances of the season repertory but not including extra work, e.g., paid or orchestral jobs, weddings, caroling, charity work, and the like. However, Music Director may miss two scheduled rehearsals without loss of pay; thereafter the Board in its discretion may deduct a pro-rated portion of Music Director’s compensation, especially if a substitute has to be brought in.

C. Auditioning candidates for membership and re-auditioning the existing singing membership as Music Director deems appropriate and necessary.

D. Preparing the chorus for any outside jobs selected by the Board of Directors, which will attempt in good faith to accommodate Music Director’s other professional and personal obligations.

E. Attending the Annual Meeting of the Membership in . Attendance at one or two Board meetings during the season shall be to discuss repertoire. Music Director is welcome to attend all, of course, except any which deal with Music Director’s employment.

G. Music Director shall maintain ongoing liaison with the Board, principally the President and work with committees as needed to plan his long-term goals be they musical, financial or organizational.

H. Music Director shall be available for publicity and fund-raising purposes, and in general perform all the duties customary and usual for the conductor and music director of a prominent city chorus.

3. Term. The term of this Agreement is from through .

4. Scheduling. The Board will determine by the end of each the schedule for the coming year. Church will mutually resolve any problems prior to the schedule's distribution; deviations thereafter must be approved by the President.

5. Compensation. Church shall pay Music Director for all of his services and undertakings hereunder except where a specific service is separately referenced: For the fiscal year of through , $ , payable in 12 equal installments.

6. Status; Results and Proceeds.

A. Music Director shall function at all times as an independent contractor, exercising the artistic judgment of Music Director and perform services in Music Director sole esthetic judgment and is responsible for Music Director’s own taxes, insurance, office, telephone and other utilities, etc., none of which shall be provided by Church.

B. Music Director shall grant to Church in perpetuity, including the copyright therein, all the results and proceeds of Music Director services hereunder, including without limitation the right to record Music Director’s performances on tape or any other medium and to authorize the reproduction thereof in any medium whatsoever throughout the world.

C. It is understood that Music Director’s employment is not exclusive; that Music Director is a professional musician as well as conductor and that Music Director has and will have in the future other professional engagements; but Music Director will not accept dates which conflict with Music Director’s services with Church except with the permission of the Board. Similarly Church is free to undertake performances not under Music Director’s direction, although Church will consult with Music Director before accepting such jobs.

D. Music Director will be identified in all official Church communications and on all publicity and programs produced by Music Director during Music Director’s term of employment as Music Director. Church will use its best efforts to secure Music Director credit as above in all publicity, promotions and communications involving programs produced by others.

7. 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.

8. 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.

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

10. 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.

11. Mandatory Arbitration. Notwithstanding the foregoing, and anything herein to the contrary, 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.

12. 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.

13. 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.

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