WEDDING ENTERTAINMENT SERVICES CONTRACT
THIS AGREEMENT executed on this the day of , 20 by and
between (hereinafter "Employer"), and
(hereinafter "Entertainer").
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual
promises and agreements contained herein, Employer hires Entertainer, and
Entertainer agrees to work for Employer under the terms and conditions
hereby agreed upon by the parties:
SECTION 1- WORK TO BE PERFORMED
1.1 Term . Employer agrees to hire Entertainer, to perform the services
and work as stated in section 1.2 of this agreement.
1.2 Duties . Entertainer agrees to perform work for the Employer on the
terms and conditions set forth in this agreement, as follows:
.
1.3 Completion Date The work to be performed shall be complete on or
before the day of 20 ____ unless extended by Employer, in
his/her discretion.
1.4 Liquidated Damages. The following shall be construed as liquidated damages
only and shall not in any way be deemed a penalty, but only a reasonable estimate of either
the anticipated or the actual loss from breach of this Agreement In the event the
work is not performed timely as specifed herein, Employer shall be
entitled to deduct $ per day from the compensation due
Entertainer as liquidated damages.
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SECTION 2 - COMPENSATION
2.1 Compensation . In consideration of all services to be rendered by
Entertainer to the Employer, the Employer shall pay to the
Entertainer the sum of $ .
Said compensation shall be paid: daily weekly monthly upon
full completion other specify terms:
.
2.2 Withholding . Entertainer is an Independent Entertainer and shall be
responsible for his/her own income taxes, worker’s compensation and
other employment taxes.
SECTION 3 - INDEPENDENT ENTERTAINER STATUS
Entertainer acknowledges that he is an independent Entertainer and is
not an agent, partner, joint venturer nor employee of Employer.
Entertainer shall have no authority to bind or otherwise obligate
Employer in any manner nor shall Entertainer represent to anyone that
it has a right to do so.
SECTION 4 - REPRESENTATIONS OF WARRANTIES OF ENTERTAINER
4.1 Entertainer represents and warrants to the Employer regarding the
work to be performed as follows:
.
4.2 Entertainer represents that he/she is free to enter into this Agreement, and that this
engagement does not violate the terms of any agreement between Entertainer and any
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third party. During the term of the agreement, Entertainer shall devote as much
productive time, energy and abilities as is needed and necessary to perform the required
duties in a timely and productive manner. Entertainer is expressly free to perform
services for other parties while performing services for Employer.
SECTION 5 - INSURANCE .
Entertainer shall obtain and maintain in force, at its own expense, throughout the
performance of his/her/its obligations under this Agreement, insurance coverage against
claims, regardless of when asserted, that may arise out of, or result from, Entertainer's
operations in connection with the services or duties described above. This insurance shall
include the following coverage(s) that is(are) checked below:
Comprehensive General Liability E n t e r t a i n e r a g r e e s t o m a i n t a i n a p o l i c y
o f i n s u r a n c e i n t h e m i n i m u m a m o u n t o f $ , including broad form
contractual liability and personal injury endorsements, providing coverage against
liability for bodily injury, death, and property damages for any negligent acts committed
by Entertainer or his employees or agents during the performance of any duties under this
Agreement. Entertainer further agrees to hold Employer free and harmless from any and
all claims arising from any such negligent act or omission.
Workers Compensation and Employer's Liability (if required by state law).
Entertainer agrees to provide worker's compensation insurance for Entertainer's
employees and agents and agrees to hold harmless and indemnify Employer for any and
all claims arising out of any injury, disability, or death of any of Entertainer's employees
or agents.
Other Insurance Requirements : ________________________________.
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SECTION 6 - MISCELLANEOUS PROVISIONS
6.1 The provisions of this Agreement shall be binding upon and for the
beneft of the heirs, personal representatives, successors and assigns
of the parties.
6.2 In the event of a default under this Agreement, the defaulted party
shall reimburse the non-defaulting party or parties for all costs and
expenses reasonably incurred by the non-defaulting party or parties in
connection with the default, including without limitation, attorney's
fees. Additionally, in the event a suit or action is fled to enforce this
Agreement or with respect to this Agreement, the prevailing party or
parties shall be reimbursed by the other party for all costs and
expenses incurred in connection with the suit or action, including
without limitation, reasonable attorney's fees at the trial level and on
appeal.
6.3 No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor
shall any waiver constitute a continuing waiver. No waiver shall be
binding unless executed in writing by the party making the waiver.
6.4 This Agreement shall be governed by and shall be construed in
accordance with the laws of the State of .
6.5 This Agreement constitutes the entire agreement between the parties
pertaining to its subject matter and it supersedes all prior
contemporaneous agreements, representations and understandings of
the parties. No supplement, modifcation or amendment of this
Agreement shall be binding unless executed in writing by all parties.
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6.6 If any provision of this Agreement is held unenforceable, then such provision will
be modified to reflect the parties' intention. All remaining provisions of this
Agreement shall remain in full force and effect.
6.7 Entertainer agrees to indemnify, defend, and hold Employer and his/her/their successors,
officers, directors, agents and employees harmless from any and all actions, causes of
action, claims, demands, cost, liabilities, expenses and damages (including attorneys'
fees) arising out of, or in connection with any breach of this Agreement by Entertainer.
6.8 Employer may terminate this Agreement at any time by providing days’ written
notice to Entertainer. In addition, if Entertainer fails or refuses to comply with the
policies or reasonable directives of Employer, is guilty of serious misconduct in
connection with his/her/their performance hereunder, or materially breaches any
provisions of this Agreement, Employer may at any time and in its sole discretion
terminate the engagement of Entertainer immediately and without prior written notice to
Entertainer.
6.9 Entertainer shall not assign any of his/her rights under this agreement, or delegate the
performance of any of his/her duties hereunder, without the express written prior consent
of Employer.
WITNESS OUR SIGNATURES, this the day of , 20 .
_______________________________
EMPLOYER
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_______________________________
ENTERTAINER
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