Performance Contract Agreement

PERFORMANCE CONTRACT AGREEMENT

This Performance Contract Agreement ("Agreement") is entered into as of Effective Date: by and between Client Name: , Client Address: , and Performer Name: , Performer Address: .

RECITALS

WHEREAS, Client engages entertainers and production services for public and private events and desires to engage Performer to provide a live performance described below; and

WHEREAS, Performer represents and warrants that Performer is qualified, experienced, and possesses all necessary licenses, rights, and approvals to perform the services contemplated herein and is willing to perform subject to the terms and conditions of this Agreement; and

WHEREAS, the parties desire to set forth their entire agreement with respect to the subject matter hereof.

NOW, THEREFORE, in consideration of the mutual covenants and promises set forth below, the parties agree as follows:

1. ENGAGEMENT AND PERFORMANCE

1.1 Engagement. Client hereby engages Performer, and Performer accepts such engagement, to provide a live performance (the "Performance") as described in this section and any Rider attached hereto.

1.2 Performance Details: Performance Description:

Date of Performance:   Start Time:   End Time:

Performance Location:

2. TERM

The term of this Agreement commences on the Effective Date and continues until the completion of the Performance and final settlement of all amounts due, unless earlier terminated in accordance with Section 7 below.

3. COMPENSATION AND PAYMENT

3.1 Fee. Client shall pay Performer a total fee of USD for the Performance.

3.2 Deposit. A non-refundable deposit of is due on or before to secure the date.

3.3 Balance. The remaining balance of is due no later than , unless otherwise agreed in writing.

3.4 Taxes. Performer is responsible for all taxes associated with payments received under this Agreement. Client shall not withhold any taxes unless required by applicable law.

4. EXPENSES; RIDER

4.1 Reimbursable Expenses. Client agrees to reimburse Performer for pre-approved out-of-pocket expenses reasonably incurred in connection with the Performance up to an aggregate amount of USD upon presentation of receipts.

5. INDEPENDENT CONTRACTOR

Performer is engaged as an independent contractor. Nothing in this Agreement shall be construed to create an employment, joint venture, partnership, or agency relationship between the parties. Performer shall be solely responsible for all personnel, employment taxes, workers' compensation and related liabilities.

6. INTELLECTUAL PROPERTY AND RECORDINGS

6.1 Rights in Performance. Performer retains all copyrights, moral rights, and other intellectual property rights in and to Performer's original material and live performance, except as expressly licensed to Client in writing.

6.2 Recording and Broadcast. Recording, transmission, filming, or broadcasting of the Performance is not permitted without the prior written consent of Performer. Grant of any recording or broadcast rights shall be subject to separate written license specifying scope and compensation.

7. CANCELLATION; FORCE MAJEURE

7.1 Cancellation by Client. If Client cancels the Performance more than 30 days prior to the Performance Date, Client shall forfeit the deposit. If Client cancels within 30 days of the Performance Date, Client shall pay Performer the full agreed Fee, less amounts actually earned from substitution bookings, if any.

7.2 Force Majeure. Neither party shall be liable for failure or delay in performing obligations caused by events beyond its reasonable control, including acts of God, war, terrorism, civil disturbance, government action, labor disputes, epidemic or pandemic, fire or other casualty. If a force majeure event continues for more than 60 days, either party may terminate this Agreement without further liability except for obligations accrued prior to such termination.

8. REPRESENTATIONS, WARRANTIES AND COVENANTS

Each party represents and warrants that it has full power and authority to enter into this Agreement, that performance will not violate any agreement with a third party, and that the execution and performance of this Agreement has been duly authorized.

9. INDEMNIFICATION

Each party (the "Indemnifying Party") shall indemnify, defend and hold harmless the other party and its officers, directors, agents and employees from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of or related to: (a) the Indemnifying Party's breach of this Agreement; (b) negligence or willful misconduct of the Indemnifying Party or its personnel; or (c) infringement claims arising from materials provided by the Indemnifying Party.

10. LIMITATION OF LIABILITY

Except for losses arising from gross negligence or willful misconduct, neither party shall be liable for indirect, incidental, consequential, exemplary or punitive damages, and a party's aggregate liability under this Agreement shall not exceed the total fees actually paid by Client to Performer under this Agreement.

11. CONFIDENTIALITY

The parties agree to keep the terms of this Agreement and any non-public business information obtained in connection with the Performance confidential and not to disclose such information to any third party except as required by law or with the prior written consent of the other party.

12. INSURANCE

Performer shall maintain at its expense general liability insurance in commercially reasonable amounts and, where applicable, workers' compensation insurance. Upon Client's request, Performer shall provide a certificate of insurance evidencing such coverage.

13. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered personally, by certified mail (return receipt requested), or by reputable overnight courier to the addresses set forth below or such other address as either party may specify in writing.

14. AMENDMENTS; WAIVER

No amendment, modification or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties. The failure of either party to exercise any right shall not constitute a waiver of that right.

15. GOVERNING LAW

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

16. ENTIRE AGREEMENT

This Agreement, including any Rider or addendum signed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous negotiations, representations and agreements, whether written or oral.

17. SEVERABILITY

If any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

18. 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. Signatures transmitted by facsimile or electronic image shall have the same effect as original signatures.

SIGNATURES

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