Event Planning Jazz Band Event

EVENT PLANNING AND PERFORMANCE AGREEMENT — JAZZ BAND EVENT

This Event Planning and Performance Agreement (the Agreement) is entered into as of Date: by and between Client Name: (Client) and Service Provider Name: (Provider). Client and Provider are sometimes referred to individually as a Party and collectively as the Parties.

WHEREAS

WHEREAS, Client desires to engage Provider to plan, coordinate and provide live musical performance for a jazz band event described herein; and

WHEREAS, Provider represents that it possesses the experience, musical personnel, equipment and licenses necessary to provide the services described in this Agreement and agrees to perform such services in accordance with the terms and conditions set forth below; and

WHEREAS, the Parties intend by this Agreement to set forth their respective rights and obligations with respect to planning, production and performance for the Event.

1. SCOPE OF WORK

Provider shall perform event planning, coordination and musical performance services as described in the Scope of Work below (Services). Provider's obligations include but are not limited to: selection and contracting of musicians for the jazz band, liaison with venue staff for load-in and sound requirements, preparation of a technical rider, scheduling of rehearsals as required, and performance on the Event Date. Specific details, repertoire, and any special requests should be stated in the Scope of Work.

2. EVENT DETAILS

Event Name:

Event Date:    Start Time:    End Time:

Venue Name and Address:

3. PAYMENT TERMS

Total Fee for Services: $. Fees are exclusive of applicable taxes unless otherwise stated.

Deposit Due Date: . The deposit is required to secure the Event Date. Unless otherwise agreed in writing, the deposit is non-refundable except as set forth in the cancellation provisions of this Agreement.

Balance Due Date: . Payments not received by the Balance Due Date shall be considered late.

Accepted Payment Methods:

Late Payment: Overdue amounts shall accrue interest at (or the maximum rate allowed by applicable law) from the Balance Due Date until paid in full. Client shall also be responsible for reasonable collection costs, including attorneys' fees, incurred by Provider in enforcing payment obligations.

4. TERM AND TERMINATION

Term Commencement Date: . Termination Date (if applicable): .

Either Party may terminate this Agreement for material breach by the other Party if the breaching Party fails to cure such breach within days after receipt of written notice specifying the breach. In the event of termination by Client for convenience more than days prior to the Event Date, Provider shall refund any balance paid minus non-recoverable costs as documented by Provider. If Client cancels within days of the Event Date, the deposit is non-refundable and Client remains liable for a percentage of the total fee as liquidated damages as follows:

Force Majeure: Neither Party shall be liable for failure to perform if and to the extent such failure is caused by events beyond its reasonable control, including but not limited to acts of God, epidemics, governmental orders, labor disputes, or severe weather that make performance impracticable. The affected Party shall provide prompt written notice and use commercially reasonable efforts to mitigate performance issues.

5. CONFIDENTIALITY

Each Party acknowledges that during the course of performance it may receive or observe Confidential Information of the other Party. Confidential Information shall mean non-public information disclosed in connection with this Agreement, including but not limited to technical requirements, pricing, guest lists and production plans. Each Party shall (a) hold Confidential Information in strict confidence, (b) use Confidential Information only for purposes of performing under this Agreement, and (c) not disclose Confidential Information to any third party except employees, contractors or agents who have a need to know and who are bound by confidentiality obligations at least as restrictive as those contained herein. The obligations of confidentiality shall not apply to information that is or becomes publicly available other than as a result of a breach of this Agreement, that is rightfully received from a third party without restriction, or that is independently developed without use of Confidential Information.

6. REPRESENTATIONS; COMPLIANCE; PERMITS

Provider represents that it will secure and maintain all necessary licenses, permits and clearances required to perform the Services and that performances shall comply with applicable laws, venue rules and labor agreements. Client shall obtain or assist in obtaining any venue-specific permits or permissions and shall ensure the venue meets the technical and safety requirements specified in Provider's rider.

7. INDEMNIFICATION AND INSURANCE

Each Party (Indemnifying Party) shall indemnify, defend and hold harmless the other Party and its officers, directors, employees and agents from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of or resulting from the Indemnifying Party's breach of this Agreement, willful misconduct or negligence in connection with the Services. Provider shall maintain commercial general liability insurance in amounts customary for similar events and any additional insurance coverage reasonably requested by Client. Proof of insurance shall be provided to Client upon request.

8. LIMITATION OF LIABILITY

Except for liability arising from a Party's gross negligence or willful misconduct, in no event shall either Party be liable to the other for incidental, consequential, special, punitive or exemplary damages, including lost profits, even if advised of the possibility of such damages. The Parties' aggregate liability for any claim arising out of or related to this Agreement shall not exceed the total amount of fees paid by Client to Provider under this Agreement.

9. GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to principles of conflicts of law. The Parties shall attempt in good faith to resolve disputes arising under this Agreement promptly by negotiation between executives who have authority to settle the controversy. If the dispute is not resolved within 30 days, either Party may seek remedy in the state or federal courts located in the county where the Provider's principal place of business is situated.

10. ENTIRE AGREEMENT; AMENDMENT

This Agreement, including any attachments or riders expressly incorporated herein, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous negotiations, representations or agreements, whether written or oral. This Agreement may be amended only by a written instrument signed by both Parties.

11. MISCELLANEOUS

Notices required or permitted hereunder shall be in writing and delivered to the addresses set forth below or to such other address as a Party may designate in writing. The headings in this Agreement are for convenience only and shall not affect interpretation. If any provision of this Agreement is held unenforceable, the remaining provisions shall remain in full force and effect.

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