Scenic Services Painter Contract

SCENIC SERVICES PAINTER CONTRACT

This Scenic Services Painter Contract (Agreement) is entered into on between:

Client Name:

Painter Name:

WHEREAS

WHEREAS, Client is producing or managing a scenic production described as: (Production); and

WHEREAS, Painter is engaged in the business of scenic painting and has the skills, personnel, tools, and materials necessary to perform scenic painting and finishing services for the Production; and

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

SCOPE OF WORK

Painter shall provide scenic painting services and related finishing work as required by Client for the Production. Detailed tasks include but are not limited to priming, base coats, scenic texture work, faux finishes, touch-ups during rehearsals, application of sealants, and removal/cleaning of painted elements as directed by Client.

PAYMENT TERMS

Contract Sum: $ . Payment shall be made as set forth below.

Invoicing: Painter shall submit invoices to Client upon completion of each milestone or as otherwise set forth in the payment schedule. Payments due within days of receipt of invoice.

Late Payment: Any undisputed amount not paid when due shall accrue interest at the lesser of 1.5% per month or the maximum lawful rate and a late fee of $ per late invoice, until paid.

TERM AND TERMINATION

Term Commencement Date: . Estimated Completion Date: .

Either party may terminate this Agreement for convenience upon days written notice to the other party. Termination for material breach may be immediate if the breaching party fails to cure the breach within ten (10) days of written notice, where the breach is curable.

CONFIDENTIALITY

Painter acknowledges that during performance of services it may receive confidential, proprietary or non-public information of Client, including design concepts, sketches, technical drawings, paint mixes and production schedules (Confidential Information). Painter agrees to: (a) hold Confidential Information in strict confidence; (b) not disclose Confidential Information to any third party without Client's prior written consent; and (c) use Confidential Information solely for performance of Painter's obligations under this Agreement. The foregoing obligations do not apply to information that becomes public other than by Painter's breach, is already known to Painter without obligation of confidentiality, or is required to be disclosed by law or court order, provided Painter gives Client prompt notice and cooperates in any protective measures.

INSURANCE, SAFETY AND COMPLIANCE

Painter shall maintain at Painter's expense commercial general liability insurance with limits not less than $ per occurrence and workers' compensation as required by law. Upon request, Painter shall provide certificates of insurance naming Client as an additional insured with respect to the operations performed under this Agreement.

Painter shall perform work in a safe, professional and code-compliant manner and shall comply with all applicable laws, rules, regulations and venue and production-specific safety requirements.

WARRANTY AND REMEDIES

Painter warrants that all work performed under this Agreement shall be free from defects in workmanship for a period of days from Client's acceptance. Painter shall, at its expense, promptly correct any defective work discovered during the warranty period.

INDEMNIFICATION

Painter shall indemnify, defend and hold harmless Client and its affiliates, officers and employees from and against any third-party claims, liabilities, losses or expenses (including reasonable attorneys' fees) arising out of or resulting from Painter's performance of the work, provided such claims are caused by the negligent acts or omissions or willful misconduct of Painter, its employees or subcontractors.

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 law principles.

ENTIRE AGREEMENT

This Agreement, including any attachments or exhibits incorporated herein, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior discussions, representations, understandings and agreements, whether written or oral. Any amendment or modification must be in writing and signed by both parties.

MISCELLANEOUS

Independent Contractor: Painter is an independent contractor and not an employee of Client. Painter is responsible for payment of all taxes and benefits for Painter's employees and subcontractors.

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