Entertainment Services Contract

Entertainment Services Contract

This Agreement is made and entered into this , by and between of , hereinafter called Entertainer, and , an individual or corporation organized and existing under the laws of the state of , with its principal office located at , referred to herein as Employer.

WHEREAS, the Employer has reviewed all relevant information on Entertainer’s website or by contacting the Entertainer which provided the Employer with a detailed overview of the Professional Services to be rendered, along with the Entertainer’s clearly defined Terms of Agreement; and

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 mutually agree as follows:

1. Purpose of Agreement

The purpose of this Agreement is to define and mutually agree upon the terms, provisions, and conditions for providing entertainment services to the Employer.

2. Employer’s Duties. Employer agrees to the terms and conditions of the engagement and the prepaid compensation for Entertainer as set forth below in Paragraph 5. Employer agrees to provide a safe and secure staging room/suite/area.

3. Entertainer’s Duties. Entertainer agrees to provide Entertainment Services and to perform at the Event according to the terms and conditions as set forth on Entertainer’s website and overviewed below:

A. Entertainer will provide Entertainment Services to Employer and its guests at the located at .

B. Entertainer will provide the entertainment services on . The Event shall begin on at and end at .

C. The type of event for Entertainer’s entertainment services is: . Entertainer is responsible for making and paying for all arrangements and expenses associated with travel and lodging to perform the Performance.

4. Approval of Other Performers. Both parties agree that the appearance of any other act(s) on the same bill as Performer will be subject to joint approval of Employer and Entertainer. Further, Entertainer agrees that substitute performers will not replace featured members of his group unless approved in advance by the Employer.

5. Payment. For the Entertainment Services described above, Employer shall pay Entertainer $. This amount shall be paid on or before .

6. Illegal Substances/Alcohol. Entertainer agrees neither he nor his group will use or be under the influence of illegal substances while rendering professional services at the Event.

7. Termination. This Agreement has secured Entertainer’s time, rendering him unavailable to provide service to others, on the days and hours the Entertainer has agreed to render service to Employer and his guests. Therefore this Agreement is not subject to cancellation and/or termination by Employer under any circumstances. However if this Agreement has been secured sixty (60) prior to the actual engagement, at Entertainer’s sole discretion, if legitimate (provable) conditions beyond the Employer’s control make it impossible for the show to go on as booked and scheduled, and the Entertainer has been notified at least thirty (30) or more days prior to the scheduled performance date, Entertainer may choose to re-schedule the event within a six (6) month time-frame of the original date. The Employer herein accepts, agrees with and understands that under no conditions is Entertainer obligated to return any portion of the Prepaid Fee. Entertainer acknowledges that it is his responsibility to honor this agreement, be early if not on time and deliver services of at least the caliber as demonstrated on the Entertainer’s website. However in the event that situations beyond the Entertainer’s personal control, such as acts of God, accidents, epidemics, strikes, hazardous weather, or any other provably legitimate conditions beyond his/her/their control make it impossible or unfeasible for Entertainer to fulfill the commitment, the Entertainer will (a) provide Employer with that information at least (21) days prior to the Event, if possible (b) offer to reschedule the Event or (3) Entertainer will reimburse Employer % of his prepaid compensation, with no further losses, penalties to be incurred by either party.

8. Tickets. Employer shall be responsible for selling all tickets for the event, at whatever price it deems appropriate, and Employer shall retain all revenues derived from the sale of such tickets.

9. Indemnification. Entertainer agrees to indemnify, hold harmless, protect and defend Employer and his agents, attorneys and employees, from all claims, reasonable attorneys’ fees and court costs, out-of-pocket expenses, damages (including compensatory and punitive damages) and liabilities, arising from or relating to the Performer’s presentation of the Performance or to his obligations under this Agreement. This indemnification provision shall survive the expiration or termination of this Agreement.

10. Technical Requirements. The parties shall discuss and agree upon the technical aspects of Entertainer’s Services. Such technical aspects will be summarized on an Information sheet that shall be signed by both parties.

11. Faxed Signatures. Any signed document transmitted by fax shall be considered an original document and shall have the binding and legal effect of an original document. The signature of any party upon a faxed document shall be considered an original signature.

12. 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.

13. 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.

14. Governing Law

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

15. Notices

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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine.

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

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