Performance Agreement

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The key takeaways from the document are that it outlines the terms and conditions of an agreement between a musician/artist and an employer for a performance engagement.

If the employer cancels a performance less than 5 weeks before, they must pay the artist half the guaranteed fee or $300 as liquidated damages. If less than 2 weeks, they must pay the full guaranteed fee or $500.

The employer and artist are both responsible for promoting the performance through various media and agreeing upon venue rentals, security and advertising. The employer also agrees to use best efforts to promote through local media.

Performance Agreement

This agreement made as of ____ / ____ / ______ by and between the parties identified below.

In consideration for the following covenants, conditions, and promises, the Employer identified
below agrees to hire the below-identified Artist to perform an engagement and the Artist agrees
to provide such performance services, under the following terms and conditions:

This agreement for performance services is entered into by the MUSICIAN(s) know as:


___________________________________________________
(now referred to as Artist)

and EMPLOYER known as

___________________________________________________
(now referred to as Employer)

Employer hires ARTIST on the terms and conditions set forth in this contract.

Names of musicians

_________________________________

_________________________________

_________________________________

_________________________________

_________________________________


Place of Engagement ____________________________________Date(s) __________________
(Place)
__________________
___________________________ ______________________
Street Time __________________

____________________________________ __________________

____________________________________

____________________________________ Number of sets and duration
City / State / Zip
______________________________



Type of Engagement

_______________________________ ______________________________
Phone(s)

_______________________________ Wage and Deposit

______________________________
Guaranteed Fee

_______________________________ Percentage (specify how it is to be calculated
gross/net of ticket sales/door/bar etc.)
Deposit Amount/Date to be paid

________________________

Additional Terms and Conditions:

Sound Check The set up and sound check time with full access to stage and P.A. equipment on
the date of the performance shall be at: _____________ (AM/PM)

Security - Employer will provide sufficient security so that no unauthorized persons will have
access to the stage or backstage area. The Artist will provide names of persons or guests
authorized to be backstage. Employer shall be responsible for any theft or damage to the
equipment of Artist that may occur during the time the equipment is located on Employers
premises.

Promotions and Production Employer and Artist shall be responsible for and shall agree upon
all matters pertaining to the promotion and production of the scheduled performance, including
but not limited to the venue rentals, security, and advertising. Employer agrees to promote the
scheduled performance(s) and will use its best efforts to obtain calendar listings, feature articles,
interviews of the Artist, reviews of the performance and Artists records in all local print and
radio media.

Merchandising Artist shall have the option to sell albums, books, and/or merchandising
material at the performance and shall retain the proceeds of such sales.

Insurance Employer agrees to retain and all necessary personal injury or property damage
liability insurance with respect to the activities of Artist on the premises Of Employer or at such
other location where Employer directs Artist to perform. Employer agrees to indemnify and hold
Artist harmless from any and all claims, liabilities, damages, and expenses arising from and
action or activity of Employer or Artist while Artist is rendering the contracted services except
for claims arising from Artists willful misconduct or gross negligence.

Cancellation In the event that Employer cancels and performance less than five (5) weeks
before the date of such performance, Employer will pay Artist, as liquidated damages, the greater
of, one half of the guaranteed fee, or three hundred dollars ($ 300). In the event that Employer
cancels any performance less than two (2) weeks before the date of such performance, Employer
will pay Artist, as liquidated damages, the greater of, the full guaranteed fee agreed to be paid for
such performance assessed for promotional materials, equipment purchases/rentals, time put
forth, or five hundred dollars ($ 500). The agreement that Artist perform is subject to detention
by sickness, accident, riot, strikes, epidemics, acts of God/Nature or other legitimate conditions
beyond their control.

Disputes In the event any dispute arises under this Agreement that results in litigation or
arbitration, the prevailing party shall be paid its reasonable attorneys fees and costs by the losing
party.

This contract and any attachments or riders incorporated herein, shall be governed by the State of
VIRGINIA law, may by modified only by both parties herein as evidenced by a signed writing,
and is binding and valid only when signed by the parties below, and Artist has received the
deposit (if required) specified no later than ____________ (date).


__________________________________ ____________________________________
Artist Employer

Date: _________________ Date: ________________

__________________________________ ____________________________________
Title Title

Please keep one executed copy of this Agreement for Artist and one for Employer

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