THIS PERFORMANCE AGREEMENT is
made and entered into as of _________________, 20__, by and between
__________________________, whose business address is _________________________
("Purchaser") and the musical group or
performer __________________________ ("Musician"), whose business
address is _____________________________________. In consideration of the
mutual covenants herein contained and, intending to be legally bound hereby,
the Purchaser and Musician agree as follows:
1) Engagement. The Purchaser hereby engages Musician to render a musical
performance (the "Performance"), and Musician hereby agrees to render
such Performance under the terms and conditions specified herein.
2) Individuals Comprising Musician. Musician consists of the following individuals:
Musician's obligation to perform hereunder is subject to the unavailability of
Musician as a result of sickness, accidents, acts of God, and other reasons
beyond Musician's control.
3) Location of Performance. The Performance will take place at the following
location:
Name:
_________________________________________________
Street Address: ___________________________________________
City/State/Zip: ____________________________________________
4) Date and Time of Performance. The date of the Performance is ______________,
20___. The venue will be available for set-up on (date) ______________ at
(time) ________. The Musician will play ____ sets as follows:
Set Start Time Ending Time
1
2
3
5) Payment. In full consideration for all services rendered by Musician at the
Performance, Purchaser agrees to make the following payment in
___ Set Fee. A set fee of ______________________ Dollars
($______).
___ Percentage of Ticket Sales . An
amount equal to ___ percent (__ %) of the (select one) __ gross __ net ticket
sales.
___ Percentage of Ticket Sales With Guarantee. The
greater of (a) ___________________ Dollars ($_____), or (b) an amount equal to
___ percent (__%) of the (select one) __ gross __ net
ticket sales.
___ Set Fee plus Percentage of Ticket Sales. A fee of ______________________ Dollars ($______), plus an amount
equal to ____ percent (__ %) of the (select one) __ gross __ net ticket sales.
___ Other. (specify)
_____________________________________
a) Deposit. Purchaser will
pay ___________________ Dollars ($ _____) of the payment to Musician as a
deposit by __________________, 20___. If Purchaser does not pay Musician the
deposit, Musician will have the option of canceling this Performance Agreement
with no further liability hereunder to Purchaser.
b) Payment of Balance. After the last set on the date of the Performance,
Purchaser will pay Musician the remaining balance of the payment in cash or by
money order or certified check made payable to ______________________________.
c) Definitions. For the purposes of this Performance Agreement, the following
definitions apply: Gross ticket sales means the sum of any and all monies paid
for admission to the Performance. Net ticket sales means gross ticket sales
minus the actual cost to Purchaser of the following expenses:
_________________________________________.
6) Merchandise. At Musician's option, Musician may offer CDs, tapes and other
items for sale at the Performance. Musician will retain all proceeds from such
sales. To facilitate Musician's merchandising, Purchaser will provide a table
and chairs set up in an easily accessible and visible area of the venue.
7) Cancellation. In the event Purchaser cancels the Performance less than _____
weeks prior to the scheduled date, Purchaser will pay Musician a sum equal to
(select one) __ ___________________ Dollars ($ ____) __ ___ percent of the set
fee specified in paragraph 5. Upon payment of the cancellation fee, Purchaser
will have no further liability to Musician hereunder.
8) No Taping of Performance. Purchaser will not, nor will Purchaser allow
others to tape, record, reproduce, or transmit in or from the premises in any
manner or by any means, the Performance without the written approval of
Musician.
9) Miscellaneous. This Performance Agreement and the attached rider(s), if any,
set forth the entire agreement between the parties, and may not be amended
except in a writing signed by both parties. This Performance Agreement will be
governed by and construed in accordance with the laws of the State of
__________, without regard to the principles of conflicts of law. In any action
or proceeding involving a dispute between the Purchaser and the Musician
arising out of this Performance Agreement, the prevailing party will be
entitled to receive from the losing party reasonable attorney's fees.
Musician and Purchaser have each caused this Performance Agreement to be signed
by its duly authorized representative.
PURCHASER
_______________________________
MUSICIAN
_______________________________