Performance Choreographer Contract

PERFORMANCE CHOREOGRAPHER CONTRACT

This Performance Choreographer Contract ("Agreement") is made effective as of Effective Date: by and between Producer: , Address: , and Choreographer: , Address: .

RECITALS

WHEREAS, Producer is producing the theatrical performance, concert, or presentation described as: (the "Production");

WHEREAS, Producer desires to engage Choreographer to create, stage and teach choreography and related movement services for the Production under the terms set forth below; and

WHEREAS, Choreographer represents that Choreographer has the skill and experience to provide such choreography and is willing to perform such services as an independent contractor.

NOW, THEREFORE

In consideration of the mutual covenants herein contained, the parties agree as follows:

1. ENGAGEMENT AND SERVICES

1.1 Engagement. Producer hereby engages Choreographer, and Choreographer accepts such engagement, to provide choreography, staging, rehearsal direction, notation (if required), and supervision of dancers and performers for the Production (collectively, the "Services") in accordance with the schedule and specifications set forth in this Agreement.

1.2 Deliverables. Choreographer will deliver final choreographic sequences, rehearsal notes, counts, and any agreed-upon written notation or video demonstrations prior to the first public performance. Specific performance(s) to be choreographed: .

2. TERM

2.1 Term. The term of this Agreement shall commence on Start Date: and shall continue until End Date: , unless earlier terminated in accordance with Section 13.

3. COMPENSATION

3.1 Fee. Producer shall pay Choreographer a fee of $ for the Services, payable as follows:

- Deposit on execution: $ ; Balance due: .

3.2 Overtime. If rehearsals or services exceed the agreed hours per day, overtime rates shall apply at $ per hour, subject to prior written approval by Producer.

4. EXPENSES

4.1 Reimbursable Expenses. Producer will reimburse Choreographer for pre-approved reasonable travel, lodging and meal expenses incurred in connection with the Services upon submission of receipts. Expense cap per event: $ .

5. REHEARSALS AND SCHEDULE

5.1 Rehearsal Schedule. Choreographer shall attend and lead rehearsals at times and locations reasonably scheduled by Producer. First scheduled rehearsal date: .

5.2 Availability. Choreographer agrees to be reasonably available for dress rehearsals and technical rehearsals as required by Producer. If Choreographer cannot attend a required rehearsal, Choreographer shall provide prompt notice and reasonable alternatives.

6. OWNERSHIP, LICENSES AND CREDIT

6.1 Ownership. Unless otherwise agreed in writing, the choreography created by Choreographer for the Production shall be considered a work made for hire to the fullest extent permitted by law and all copyrights and rights therein shall be owned exclusively by Producer. To the extent any choreography is not a work made for hire, Choreographer hereby irrevocably assigns and transfers to Producer all right, title and interest, including copyrights, in and to such choreography throughout the world.

6.2 License Back. Producer grants Choreographer a limited, non-exclusive, non-transferable license to use portions of the choreography solely for Choreographer's portfolio and self-promotion, provided that such use does not conflict with Producer's use and credits Producer as specified in Section 6.3.

6.3 Credit. Producer shall afford Choreographer the following credit where reasonably practicable: . Placement of credit shall be at Producer's discretion but shall be consistent with similar creative credits.

7. CONFIDENTIALITY

7.1 Confidential Information. Choreographer acknowledges that choreography, staging, production concepts, rehearsal processes, casting, and other non-public information provided by Producer are confidential. Choreographer shall not disclose or use such Confidential Information except as necessary to perform the Services.

7.2 Exceptions. Confidential Information does not include information that is or becomes publicly known through no breach by Choreographer, or is independently developed without use of Producer's Confidential Information.

8. INDEPENDENT CONTRACTOR

Choreographer is engaged as an independent contractor. Nothing in this Agreement shall be construed to create an employer-employee relationship, joint venture, partnership or agency. Choreographer is solely responsible for all taxes, withholding, and other statutory obligations arising from compensation paid under this Agreement.

9. REPRESENTATIONS AND WARRANTIES

9.1 Choreographer represents and warrants that: (a) Choreographer has full right and authority to enter into this Agreement; (b) the choreography delivered will be original to Choreographer and will not infringe any third-party rights; and (c) Choreographer will obtain all consents from performers and assistants engaged by Choreographer to allow Producer the rights set forth in this Agreement.

9.2 Producer represents and warrants that it has the authority to engage Choreographer and will provide timely access to rehearsal space, performers and production resources as reasonably required.

10. INDEMNITY

Each party shall indemnify, defend and hold harmless the other party from and against any claim, loss, liability or expense (including reasonable attorneys' fees) arising from breach of the indemnifying party's representations, warranties or obligations under this Agreement or from gross negligence or willful misconduct.

11. INSURANCE

If Choreographer or any assistant makes physical contact with performers or provides staging that could involve physical risk, Choreographer shall maintain at least general liability insurance in an amount of $ and shall provide certificates of insurance upon request.

12. TERMINATION

12.1 Termination for Convenience. Either party may terminate this Agreement for convenience upon days' prior written notice to the other party. Producer shall pay Choreographer for Services rendered and reimbursable expenses incurred through the effective date of termination.

12.2 Termination for Cause. Either party may terminate immediately upon written notice if the other party materially breaches this Agreement and fails to cure such breach within days after receipt of written notice.

13. REMEDIES

Except as otherwise provided herein, the non-breaching party shall be entitled to seek all remedies available at law or in equity, including injunctive relief to prevent unauthorized use or disclosure of choreography and confidential information.

14. NOTICES

Producer Contact for Notices

Choreographer Contact for Notices

15. MISCELLANEOUS

15.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction identified here: , without regard to its conflicts of law principles.

15.2 Entire Agreement. This Agreement, together with any written attachments or schedules signed by both parties, constitutes the entire agreement between the parties with respect to the Services and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.

15.3 Severability. If any provision of this Agreement is held invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

15.4 Amendments. No amendment or modification of this Agreement shall be effective unless in writing and signed by both parties.

15.5 Waiver. The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of future enforcement of that or any other provision.

15.6 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.

ADDITIONAL TERMS / NOTES

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