Live Performer Release Agreement

LIVE PERFORMER RELEASE AGREEMENT

Parties

Performer Legal Name:

Presenter / Promoter Legal Name:

Recitals

WHEREAS, Performer is a performing artist engaged to deliver a live musical, theatrical, or other stage performance; and

WHEREAS, Presenter is producing, promoting, or otherwise controlling the event described below and requires certain performance, recording, and publicity rights from Performer in connection with the event; and

WHEREAS, the Parties desire to set forth the terms and conditions under which Performer will perform and grant rights to Presenter for the Event.

Event Details

Event Name:

Event Date:    Event Location:

Scope of Work

Performer shall provide the live performance services described below, including all rehearsals, sound checks, and ancillary appearances expressly required by Presenter.

Grant of Rights; Recording and Use

Performer hereby grants to Presenter and its agents, licensees, successors and assigns a non-exclusive (unless checked below, exclusive), perpetual, worldwide, irrevocable right and license to record, film, photograph, duplicate, edit, distribute, publicly perform, display, stream, transmit and otherwise exploit the performance, the performance footage, and any sound recordings made of or at the Event (collectively, the "Recordings") in all media now known or hereafter devised for promotional, commercial, archival, and other lawful purposes.

Exclusive license granted to Presenter     Non-exclusive license granted to Presenter

Media covered: Audio   Video   Photographs   Live stream

Presenter may use Performer’s name, image, likeness and biographical material in connection with the Recordings and promotion of the Event. Presenter will credit Performer in a manner customary to the medium where practicable.

Payment Terms

All payments are net of applicable taxes. Presenter shall be responsible for withholding only as required by law; Performer is responsible for all other taxes and filings arising from amounts paid hereunder.

Term and Termination

Agreement Start Date:     Agreement End Date:

Either Party may terminate this Agreement for material breach by the other Party if the breaching Party fails to cure such breach within the notice period stated above. Termination shall not relieve either Party of obligations accrued prior to the effective date of termination, including payment obligations.

Confidentiality

The Parties acknowledge that certain non-public business and financial information disclosed in connection with this Agreement is confidential. Each Party shall keep confidential and not disclose such information to third parties except as required by law, provided to professional advisors under confidentiality obligations, or as reasonably necessary to perform under this Agreement.

Representations; Indemnity; Insurance

Performer represents and warrants that Performer has full right and authority to enter into this Agreement and to grant the rights herein. Presenter represents and warrants that it has authority to engage Performer and to exploit the Recordings as specified.

Each Party shall indemnify, defend and hold harmless the other Party from and against any claims, liabilities, losses or expenses (including reasonable attorneys' fees) arising out of the indemnifying Party’s breach of its representations, warranties or obligations under this Agreement.

Presenter shall maintain commercially reasonable general liability insurance covering the Event. Upon request, Presenter shall provide Performer with proof of such insurance.

Publicity and Credit

Presenter may use Performer’s name and likeness in Event promotion. Performer shall receive credit in program materials and in Recordings where Presenter customarily credits performers, provided Performer reasonably provides credit information in advance.

Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the governing law jurisdiction specified above without regard to conflict of law principles. The Parties agree to submit to the exclusive jurisdiction of the courts located therein for disputes arising out of this Agreement.

Entire Agreement; Amendments

This Agreement, together with any attachments or schedules executed by the Parties, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements, negotiations and understandings. Any amendment or modification must be in writing and signed by both Parties.

Notices

Miscellaneous

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. The Parties are independent contractors and nothing in this Agreement creates an employment, joint venture, partnership or agency relationship.

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