Performance Agreement Petit Opera

PERFORMANCE AGREEMENT — PETIT OPERA

This Performance Agreement (the Agreement) is entered into as of by and between Petit Opera, hereinafter "Presenter", and the performing party identified below, hereinafter "Performer".

Parties and Contact Information

WHEREAS / Recitals

WHEREAS, Presenter produces and presents live operatic and musical performances under the name Petit Opera and operates venues and events for public presentation; and

WHEREAS, Performer is an individual artist or company capable of providing an operatic performance described in this Agreement; and

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows.

Scope of Work

Performer shall render a live musical or operatic performance and related services as set forth below. Performer shall provide all required artists, personnel, and customary instruments unless otherwise agreed in writing.

Performance Details

Date of Performance:     Start Time:     End Time:

Call/Rehearsal Date:     Load-In Time:

Payment Terms

Total Fee Payable to Performer: $ .

Deposit: Presenter shall pay a non-refundable deposit of $ due by to secure the engagement. Balance of $ due by .

Late Payment: Any undisputed amount not paid when due shall accrue interest at (or the maximum permitted by law, if lower). Presenter shall be responsible for reasonable collection costs and legal fees incurred to enforce payment.

Taxes: Each party is responsible for its own income and employment taxes. Presenter will not withhold taxes on behalf of Performer unless required by applicable law.

Term and Termination

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

Either party may terminate this Agreement for material breach by the other party following written notice and a ‑day cure period. Presenter may terminate without cause upon days' written notice; in such event, Presenter shall pay Performer all undisputed amounts for services performed prior to termination and provide reasonable compensation for commitments made in reliance on this Agreement.

Confidentiality

Each party acknowledges that it may receive Confidential Information from the other. "Confidential Information" means non-public information concerning business operations, financial terms, artistic materials, and audience lists. Each party shall: (a) hold Confidential Information in strict confidence; (b) not use Confidential Information except as necessary to perform obligations under this Agreement; and (c) only disclose Confidential Information to employees or agents who have a need to know and are bound by confidentiality obligations at least as protective as those herein. Confidentiality obligations survive termination for three (3) years.

Recording and Publicity

Recording Permission: Presenter seeks permission to make audio or video recordings of the performance for archival, promotional, or broadcast use. Performer hereby grants a limited, non-exclusive license to Presenter to record and use the performance as described below, subject to Performer approval where indicated.

Allow Recording: Yes No

Insurance, Indemnity, and Safety

Insurance: Presenter requires Performer to maintain at all times commercial general liability and, where applicable, workers' compensation insurance covering the activities under this Agreement. Upon request, Performer shall provide certificates evidencing coverage.

Indemnity: Performer shall indemnify, defend, and hold harmless Presenter, its officers, employees and agents from and against any third-party claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees) arising out of Performer's negligent acts, omissions or willful misconduct in connection with the performance.

Force Majeure

Neither party shall be liable for delays or failures to perform due to events beyond its reasonable control including acts of God, epidemic, pandemic, government restrictions, fire, flood, war, or other force majeure events. The affected party shall notify the other promptly and use commercially reasonable efforts to mitigate the impact. If performance is impossible for more than thirty (30) days, either party may terminate upon written notice.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state of , without regard to conflict of law principles.

Entire Agreement and Amendments

This Agreement, including all attachments and schedules executed by the parties, constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings. No amendment or modification shall be effective unless in writing and signed by authorized representatives of both parties.

Miscellaneous Provisions

Severability: If any provision is held invalid, the remainder shall remain in effect. Waiver of any breach shall not constitute waiver of any other or subsequent breach. Notices shall be in writing and sent to the contact information provided above.

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