Orchestra Performance Contract

ORCHESTRA PERFORMANCE CONTRACT

This Orchestra Performance Contract ("Agreement") is entered into by and between Presenter: with principal place of business at , and Orchestra: with principal place of business at (each a "Party" and collectively the "Parties"), effective as of .

RECITALS

WHEREAS, Presenter operates, manages, or books events at the venue and desires to engage Orchestra to provide a live orchestral performance; and

WHEREAS, Orchestra is duly constituted as a performing musical ensemble capable of providing the services more fully described herein; and

WHEREAS, the Parties intend to set forth the terms and conditions governing the engagement of Orchestra at the Event described below.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. ENGAGEMENT; SERVICES

1.1 Engagement. Presenter engages Orchestra to provide a live orchestral performance and related services as set forth in this Agreement, and Orchestra accepts such engagement on the terms herein. Orchestra shall furnish qualified personnel, instruments, and musical programming customary for an ensemble of its size and type.

1.2 Scope of Services. Orchestra will perform the repertoire agreed by the Parties and present a program of approximately including intermissions as applicable. Any modifications to repertoire, additional sets, or expansion of services must be approved in writing and may be subject to additional fees.

2. EVENT DETAILS

Performance Date: ; Start Time: ; End Time: .

Venue Name: ; Venue Address: .

Admission/Tickets: Ticketed event    Private event    Other:

3. COMPENSATION & PAYMENT

3.1 Fee. Presenter shall pay Orchestra total compensation in the amount of $ (the "Fee") for the Services. The Fee excludes applicable taxes unless otherwise stated.

3.2 Deposit and Balance. A non-refundable deposit of $ is due upon execution of this Agreement. Balance of $ is due no later than .

3.3 Additional Costs. Presenter will reimburse Orchestra for reasonable out-of-pocket expenses pre-approved in writing, including travel, lodging, per diem, and special instrument transportation. Receipts shall be provided upon request.

4. REHEARSALS AND ARTIST REQUIREMENTS

4.1 Rehearsals. Orchestra shall arrive for load-in and be available for sound check and rehearsal at times reasonably required by Presenter. Specific rehearsal schedule: .

4.2 Personnel. Orchestra represents that it will supply sufficiently trained musicians and a conductor where applicable. Substitution of named personnel is permitted only with prior written consent of Presenter, which shall not be unreasonably withheld.

5. TECHNICAL, HOSPITALITY & RIDER

5.1 Technical Requirements. Presenter shall provide venue technical support, stage, lighting and sound as set forth in Orchestra's technical rider. Technical specifications or deviations:

5.2 Hospitality. Presenter will provide secure storage for instruments and a private dressing area, plus refreshments and meals as mutually agreed. Hospitality specifics:

6. CANCELLATION; FORCE MAJEURE

6.1 Cancellation by Presenter. If Presenter cancels the engagement less than days prior to the Performance Date, Presenter shall remain liable for full Fee unless otherwise agreed in writing. The deposit is non-refundable except as expressly provided in this Agreement.

6.2 Force Majeure. Neither Party shall be liable for failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, strikes, governmental actions, epidemics, or severe weather. The affected Party shall provide prompt written notice and propose rescheduling where practicable; if rescheduling is not possible within a commercially reasonable time, the Parties shall negotiate equitable adjustment of compensation.

7. RECORDING, BROADCAST & MERCHANDISING

7.1 Recording and Broadcast. No audio or audiovisual recording, broadcast, or streaming of the Performance shall be made by Presenter without Orchestra's prior written consent. Any authorized recording or broadcast shall be subject to terms negotiated in advance, including credit, royalties, and a separate license fee if applicable.

7.2 Merchandising. Rights to sell or authorize sale of recordings, merchandise or related products shall be negotiated separately. Unless otherwise agreed, Orchestra retains all merchandising and recording rights.

8. INSURANCE, LIABILITY & INDEMNITY

8.1 Insurance. Presenter shall maintain venue liability insurance covering bodily injury and property damage with limits customary for the venue. Orchestra may provide proof of its own liability insurance upon request. Insurance specifics or policy numbers:

8.2 Indemnity. Each Party shall indemnify and hold harmless the other Party from and against any third-party claims, losses, liabilities, damages, and expenses (including reasonable attorneys' fees) arising from the indemnifying Party's gross negligence, willful misconduct, or breach of this Agreement.

9. INDEPENDENT CONTRACTOR; TAXES

9.1 Independent Contractor. Orchestra performs as an independent contractor and not as an employee, agent, or partner of Presenter. Orchestra is responsible for all compensation, employment taxes, and benefits for its personnel.

9.2 Taxes. Presenter shall not withhold taxes on Orchestra's compensation unless required by applicable law. Orchestra shall be responsible for all taxes, social security, and other obligations arising from the compensation paid under this Agreement.

10. TERMINATION

Either Party may terminate this Agreement upon a material breach by the other Party that remains uncured for a period of 14 days following written notice specifying the breach. Termination will not relieve Presenter of obligations to pay amounts due for Services rendered prior to termination.

11. NOTICES

Notices to Presenter:

Notices to Orchestra:

12. AMENDMENTS; WAIVER; COUNTERPARTS

12.1 Amendments. No amendment or modification of this Agreement shall be valid unless in writing and signed by both Parties.

12.2 Waiver. The failure of a Party to enforce any right under this Agreement shall not constitute a waiver of that right unless in writing and signed by the waiving Party.

12.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Signatures transmitted by electronic means shall be binding.

13. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

13.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state or jurisdiction where the Venue is located, without regard to conflict of laws principles.

13.2 Entire Agreement. This Agreement, including any rider or attachments expressly incorporated by reference, constitutes the entire understanding between the Parties and supersedes all prior proposals, negotiations, and agreements, whether written or oral, relating to the subject matter hereof.

13.3 Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect, and the Parties shall negotiate in good faith a substitute, valid provision that most nearly effects the Parties' original intent.

ADDITIONAL PROVISIONS

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