Performance Dance Agreement

Performance Dance Agreement

Parties

WHEREAS, Client Name: (the "Client") desires to procure live dance performance services for an event described below; and

WHEREAS, Performer Name: (the "Performer") represents that it has the skill, personnel and equipment necessary to provide such services under the terms of this Agreement; and

WHEREAS, the parties agree to set forth their rights and responsibilities with respect to the performance and associated services as described in this Agreement.

Event & Performance Details

Event Name:

Event Date:    Performance Start Time:    Performance End Time:

Venue Name:    Venue Address:

Scope of Work

Payment Terms

Total Fee: $

Deposit Amount (non-refundable unless specified): $    Due On or Before:

Balance Due: $    Balance Due On or Before:

If payment is not received by the date specified, Client agrees to pay the late fee specified above on the overdue amount until paid in full. Expenses of collection, including reasonable attorneys' fees, shall be borne by the Client.

Term and Termination

Agreement Start Date:    Agreement End Date:

Confidentiality & Publicity

Performer and Client each acknowledge that any non-public information provided by the other party in connection with the services (including creative choreography not intended for public distribution, proprietary techniques, personal contact details of performers, and private production specifications) is Confidential Information. Each party agrees:

(a) To use Confidential Information solely to perform obligations under this Agreement; (b) Not to disclose Confidential Information to third parties except to employees, contractors or advisors who have a need to know and who are bound to protect its confidentiality; and (c) To take commercially reasonable measures to protect Confidential Information. The foregoing obligations do not apply to information that is or becomes publicly known through no breach by the receiving party, is lawfully received from a third party without restriction, or is required to be disclosed by law, provided the disclosing party is given prompt notice to seek protective relief.

Photographs, video or audio recordings of the performance may be made only with prior written permission. Grant of recording or publicity rights, if any, must be set forth in writing below.

Insurance; Indemnification

Performer shall maintain appropriate insurance covering performers and equipment as required for the type of performance and shall provide proof of insurance upon reasonable request. Client shall ensure venue liability insurance in amounts sufficient to cover injury to performers and audience.

Each party agrees to indemnify, defend and hold harmless the other party and its officers, employees and agents from and against any claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of the indemnifying party's negligence, willful misconduct, or breach of this Agreement.

Force Majeure

Neither party shall be liable for delay or failure to perform to the extent such delay or failure is caused by events beyond that party's reasonable control, including acts of God, public health emergency, government action, labor disputes, or severe weather. The affected party shall provide notice promptly and make reasonable efforts to mitigate effects of the event. If the event continues for more than thirty (30) days, either party may terminate this Agreement upon written notice and the parties shall settle amounts owed for services performed to date in accordance with the Payment Terms.

Intellectual Property

All original choreography, creative routines, music arrangements and artistic concepts provided by Performer remain the intellectual property of the Performer unless expressly assigned in writing. Client may not reproduce, distribute, publish or adapt such materials except as expressly permitted in writing. If Performer grants any license to Client for use of recorded materials, the terms and any compensation must be set forth in an addendum.

Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to its conflicts of law principles. The parties shall attempt in good faith to resolve disputes by negotiation. If unresolved, disputes shall be submitted to binding arbitration before a single arbitrator in the county of the governing state selected by the party initiating arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Entire Agreement; Amendments

This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior oral or written understandings and agreements. No amendment, modification or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.

Additional Provisions

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