Fill and Sign the Personal Services or Performance Agreement with Artist to Perform in Musical Concert

Personal Services or Performance Agreement with Artist to Perform in Musical Concert Agreement made on the ______________________________ (date) , between _____________________________________ (Name of Producer) , of ____________________ ______________________________________________________________________________ (street address, city, county, state, zip code) , hereinafter called Producer , and ___________________________________ (Name of Artist) of __________________________ ______________________________________________________________________________ (street address, city, county, state, zip code) , hereinafter called Artist , of ___________________ ______________________________________________________________________________ (street address, city, county, state, zip code) . Whereas, Producer is producing a concert (the Concert ) on _______________________ (date) at __________________________________________________ (name of facility) , located at _____________________________________________________________________ ___________________________________________ (street address, city, state, zip code); and Whereas, Producer desires to use Artist's personal services, and Artist wishes to provide to Producer his/her personal services, by using his/her unique personal talent in performing at Concert ; Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I. Artist’s Representations and Warranties A. Artist represents and warrants that he/she has the right to render Artist's services to Producer and to grant rights to Producer as herein provided. B. Artist agrees to render the services described in this Agreement using his/her best efforts. II. Services A. Production of the Show Producer shall have the right to use Artist's services, and Artist shall render such services, as follows: 1. Artist shall perform all services necessary to his/her role as a musician/performer at Concert , including actually on stage performance of at least (e.g., one hour) _______________________. 2. Artist shall cooperate with and participate in preproduction activities (e.g., rehearsals) to the extent necessary in Producer's reasonable judgment for Artist to promote the Concert and prepare adequately for his/her performance at Concert . Such activities shall include but are not limited to conferences with Producer and his/her assistants and employees as well as other artists persons performing in the Concert . B. Availability 1. Artist confirms the availability of Artist for the Concert, rehearsal and related conferences tentatively scheduled for ___________________________________ ________________________________________________________ (dates and times) . 2. Producer shall notify Artist of the designated times and dates on which Artist's services are required at least ________ (number) days prior to any such date. Artist shall notify Producer within ________ (number) hours of such notice if Artist will not be available; provided, however, that Artist shall be available unless an illness would prevent Artist from rendering Artist's services under this Agreement. III. Ownership, Use and Territory Producer shall have the full and complete right to broadcast, use, reproduce, publish, copyright, and exhibit in any manner the performance of Artist at and during the Concert and related activities, and any versions or revisions of it, throughout the world, subject to any rights of copyright owners of any part thereof. IV. Name, Voice and Likeness Producer shall have the right to use and permit the use of Artist's name, voice and likeness in connection with the advertising, promotion, and publicity of the Concert . Artist shall sign any Name, Voice and Likeness Release form to allowing use of Artist’s name, voice and likeness as aforesaid. V. Compensation A. In full consideration of Artist's performance of the provisions of this Agreement and for all of the rights granted by Artist under this agreement, Producer agrees to make and Artist agrees to accept the following payment: (describe) ______________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ B. All payments pursuant to this Agreement shall be made to Artist at the address set forth above. Notwithstanding the above, Artist shall have the right to request payments to be sent to a different address, provided that Producer is given _______ (number) days' written notice in advance from Artist . VI. Independent Contractor Artist represents and warrants that in performing his/her obligations under this Agreement, Artist is acting as an independent contractor and not as an employee of Producer . Nothing contained in this Agreement shall be deemed to create any relationship between the parties except the independent contractor relationship specified in this Agreement. Nothing in this Agreement shall require a party to execute agreements for or to enter into any transactions with the other party. VII. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. VIII. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _____________________. IX. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. X . Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. XI. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. XII. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. XIII. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. XIV. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. WITNESS our signatures as of the day and date first above stated. ____________________________ ____________________________ PRODUCER ARTIST