Fill and Sign the Performance Agreement

Concert Performance Agreement Agreement made on the       day of       , 20       , between       of       , (Name of Artist) (Street Address, City, County, State, Zip Code) referred to herein as the Artist, and       of (Name of Promoter)       , referred to herein as the Promoter , (Street Address, City, County, State, Zip Code) Whereas, Artist is a songwriter and singer; and Whereas, Promoter is promoting and managing a Concert on       at (Date)       :       to be held at       , (Time) (Description of Venue Including Address) hereinafter called the Venue ; and Whereas, Promoter desires to contract with Artist to perform in said Concert; and Whereas, Artist desires to enter into such a contract pursuant to the terms of this agreement; Now, therefore, 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 agree as follows: I. P romoters Obligations and Rights. A. Promoter agrees to pay to the Artist the Artist’s Fee of $       , and to supply the accommodation, transport, and technical items for the performance. B. Promoter agrees to provide all production facilities for the Performance, including, but not limited to, sound and lighting equipment. The same will be of proper quality and in good working order. Promoter must ensure with the P. A. supplier that the Artist has access and control of the front of house P. A. and the master volume levels on the front of house. C. Promoter covenants and agrees that that his agents will use all reasonable care and skill in the handling of the Artist’s equipment. D. Promoter will provide a proper number of attendants and stewards to ensure the sufficient supervision of the Venue and to prevent the entry of undesirables and ensure proper conduct of the audience, the safety of the Artist, the preservation of order and Concert Performance Agreement Page 1 of 4 provide appropriate stage security and will provide a safe properly constructed and sheltered area for the performance. E. Promoter agrees to indemnify Artist against any loss, damage or injury, actual or consequential of whatever kind arising wholly or in part from the default of the Promoter in complying with these conditions or from any trespass negligent act of omission of the Promoter, his agents or any person under his supervision, direction or control. F . Promoter will provide proper dressing room facilities if so required by the Artist. II. Access of Artist, to Transportation, Equipment and Insurance. A. Artist agrees that he is responsible for his own transportation and the provision of instruments and backline (as that term is commonly used in the music industry) for the Concert. B. Artist shall be responsible for insurance for his equipment and instruments. Promoter agrees that Artist and his employees and/or contractors, shall be allowed access to the Venue       hours before the Concert begins for the purposes of setting up (Number) equipment and sound checking. III. Likeness, Personal Appearances and Interviews. A. Promoter shall have the right to use the Artist’s name, pre-approved likeness and biographical material with respect to the Artist’s Performance and the promotion of the Concert provided that nothing in this paragraph shall entitle the Promoter to use the Artist’s name or likeness to endorse any product or service other than with respect to this Concert. B . Artist agrees to make himself available upon reasonable notice from the Promoter for a limited number of promotional activities and/or personal appearances and/or interviews for the promotion of the Concert. IV. Recording of the Performance of Artist. Promoter shall not be entitled to record any part of the Artist’s Performance. V. Indemnity and Arbitration. A. Each party agrees to indemnity the other and agrees to keep the other indemnified against all liabilities, claims, demands, actions, costs, damages or expenses incurred in defending and/or settling (subject to any settlement being made with the prior written consent of the indemnifying party) and claim, dispute, action, writ or summons arising out of any breach by that party of any of the terms of this Agreement. B. 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 Concert Performance Agreement Page 2 of 4 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. VI. 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. VII. 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. VIII. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of       . (Name of State) IX. Notices. Unless provided herein to the contrary, 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. X. 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. XI. 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. XII. 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. XIII. 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. XIV. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. XV. Compliance with Laws. In performing under this Agreement, all applicable Concert Performance Agreement Page 3 of 4 governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties. Witness our signatures this the       day of       , 20       . By: By: (Signature of Artist) (Signature of Promoter)             (Print or Type Name of Artist) (Print or Type Name of Promoter ) Concert Performance Agreement Page 4 of 4