Performer Agreement Form

PERFORMER AGREEMENT

This Performer Agreement (the "Agreement") is made and entered into as of Effective Date: by and between Client Name: , with Address: (hereafter "Client"), and Performer Name: , with Address: (hereafter "Performer").

RECITALS

WHEREAS, Client desires to engage Performer to render a live performance described below and Performer represents that Performer has the necessary skill, experience and authorization to render such services;

WHEREAS, the parties wish to set forth the terms and conditions under which Performer will perform at the venue and during the time set forth below; and

WHEREAS, the parties intend that this Agreement allocate risk, establish compensation, and define rights to recordings, promotion, and related matters.

NOW, THEREFORE

In consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:

1. PERFORMANCE

1.1 Engagement. Client hereby engages Performer to provide a live performance and Performer accepts such engagement on the terms of this Agreement.

1.2 Description. Performance Description:

1.3 Date and Time. Performance Date: ; Start Time: ; End Time: .

1.4 Venue. Venue Name: ; Venue Address: .

2. COMPENSATION AND PAYMENT

2.1 Payment Schedule. The deposit described above is due upon execution of this Agreement. Balance shall be paid by Payment Due Date: via Payment Method: .

2.2 Taxes. Performer is solely responsible for all taxes arising from compensation paid under this Agreement. Client will not withhold taxes unless required by law, in which case Client will provide documentation of withholding.

3. EXPENSES; TRAVEL

3.1 Expenses. Client shall reimburse Performer for pre-approved travel, lodging, and reasonable out-of-pocket performance expenses in accordance with the terms below.

4. TECHNICAL REQUIREMENTS AND RIDER

4.1 Rider. Performer will provide a technical rider describing sound, lighting, and stage requirements. Client shall use commercially reasonable efforts to satisfy the rider. Rider attached: Yes No

5. CANCELLATION; POSTPONEMENT; FORCE MAJEURE

5.1 Cancellation by Client. If Client cancels the engagement for any reason other than a Force Majeure event, Client shall notify Performer in writing and shall pay Cancellation Fee: and forfeiture of deposit as liquidated damages unless otherwise agreed in writing.

5.2 Postponement. Client may postpone the event with at least Notice Period (days): days' written notice. Additional costs for rescheduling shall be negotiated in good faith.

5.3 Force Majeure. Neither party shall be liable for delay or failure to perform due to causes beyond its reasonable control, including acts of God, government order, labor disputes, or public health emergencies. The affected party shall promptly notify the other and use reasonable efforts to mitigate the effect.

6. INDEPENDENT CONTRACTOR; NO EMPLOYMENT RELATIONSHIP

6.1 Independent Contractor. Performer is an independent contractor. Nothing in this Agreement shall be construed to create an employer-employee relationship, partnership, joint venture, or agency, and Performer has no authority to bind Client.

7. REPRESENTATIONS, WARRANTIES AND COVENANTS

7.1 Performer represents and warrants that Performer has the full right and authority to enter into this Agreement, perform the services, and grant the rights granted herein, and that the performance will not infringe upon or violate any rights of third parties.

7.2 Client represents that it has authority to book the venue and to enter into this Agreement and will obtain any necessary permits and licenses.

8. INDEMNIFICATION AND INSURANCE

8.1 Indemnity. Each party shall indemnify and hold harmless the other party, its officers, agents and employees from and against any third-party claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees) arising out of the indemnitee's breach of this Agreement, negligence, or willful misconduct.

9. INTELLECTUAL PROPERTY; RECORDINGS; PUBLICITY

9.1 Recordings. Recording Rights: Client shall have the right to record the performance: Yes No . If recordings are permitted, any commercial exploitation or usage beyond promotion requires separate written consent and an agreed license fee.

9.2 Publicity. Client may use Performer’s name, likeness, and approved promotional materials for promoting the Event. Any use of Performer’s image or recording for endorsement or commercial use requires Performer’s prior written approval.

10. CONFIDENTIALITY

10.1 Confidential Information. Each party agrees not to disclose confidential business information disclosed by the other party, except as necessary to perform under this Agreement or as required by law. Confidential obligations survive termination for a period of two (2) years.

11. TERMINATION

11.1 Termination for Cause. Either party may terminate this Agreement immediately by written notice if the other party materially breaches this Agreement and fails to cure within ten (10) days after written notice.

11.2 Effect of Termination. Upon termination, Client shall pay Performer for services performed prior to termination and any non-cancellable commitments reasonably made by Performer in reliance on this Agreement.

12. REMEDIES; LIMITATION OF LIABILITY

12.1 Remedies. The parties acknowledge that damages at law may be insufficient and that specific performance and injunctive relief are available to enforce intellectual property, confidentiality and other material provisions of this Agreement.

12.2 Limitation. Except for liability resulting from gross negligence, willful misconduct, breach of confidentiality, or infringement of intellectual property, neither party's aggregate liability to the other shall exceed the total fees paid under this Agreement.

13. NOTICES

13.1 Method. All notices under this Agreement must be in writing and delivered personally, by certified mail (return receipt requested), or by overnight courier to the addresses below or to such other address as a party designates in writing.

14. AMENDMENTS; WAIVER; COUNTERPARTS

14.1 Amendments. This Agreement may be amended only by a writing signed by both parties.

14.2 Waiver. No waiver of any breach shall be deemed a waiver of any other or subsequent breach.

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

15. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

15.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to its conflict of laws principles.

15.2 Entire Agreement. This Agreement, together with 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 agreements and understandings.

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

16. MISCELLANEOUS

16.1 Assignment. Neither party may assign this Agreement without the prior written consent of the other, except that Client may assign to an affiliate or successor to its business without Performer’s consent provided Client remains liable for the obligations hereunder.

16.2 Attorneys' Fees. The prevailing party in any action to enforce this Agreement shall be entitled to recover reasonable attorneys' fees and costs.

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