Create a Customized Performance Agreement

This template was prepared by: Topstone Solicitors (London), Topstone Solicitors

Instructions

A performance agreement is a deal between a performing artist and a promoter or venue owner.

Performance Agreement

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THIS PERFORMANCE AGREEMENT (this "Agreement") dated
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BETWEEN:
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The Performer is:
The Performer is a performing artists, e.g. actors, models, musicians, entertainers etc.
The Performer is a performing artists, e.g. actors, models, musicians, entertainers etc.
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of
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( the " Performer ")
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OF THE FIRST PART
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and
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The Purchaser is:
The Purchaser is a promoter, venue owner or producer.
The Purchaser is a promoter, venue owner or producer.
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of
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( the " Purchaser ")
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OF THE SECOND PART
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( Performer and Purchaser hereinafter jointly referred to as the "Parties" and individually as the "Party")
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IN CONSIDERATION OF the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the parties to this Agreement agree as follows:
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1
Definitions
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1.1
"Performance" means
.
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1.2
"Venue" means
.
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2
Performance
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2.1
The Performer will provide the Performance at the Venue.
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3
Date and Time of Performance
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3.1
The date of the Performance is
. The Venue will be available for
on _____ at
.
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3.2
The Performer will play set(s) on this date as follows:
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4
Consideration
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The Performer's Fee will be
4.1
The Purchaser agrees to pay the Performer the total of an amount equal to
+ In Words
(the "Fee").
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4.2
The time of the Performance under section 3 of this Agreement
be extended
prior consent of the
, but no longer than
,
+ In Words
per
(the "Overtime Rate").
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5
Payment
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Fee will be paid
5.1
The Purchaser will pay to the Performer the Fee by
.
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5.2
The Purchaser will pay to the Performer the Overtime Rate and the Expenses
.
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5.3
The Purchaser will pay all financial amounts to the Performer by
.
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6
Reimbursement of Expenses
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6.1
The Performer
reimbursed for
reasonable and necessary expenses (the 'Expenses') incurred by the Performer in connection with providing the Performance.
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The Expenses
be pre-approved by the Purchaser.
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7
Technical equipment
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7.1
The sound systems provided by the
.
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7.2
The light systems provided by the
.
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7.3
The
will provide and remunerate personnel to operate as lighting technician and sound engineer.
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7.4
Notwithstanding the above, the adjustment of the volume and sound level of any equipment will be at the sole discretion of the
.
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7.5
The Performer and any other person associated with the Performer
bring into the Venue any material, equipment, or other object which may constitute a hazard to persons and property, e.g. pyrotechnics or pyrotechnic device.
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7.6
Any pyrotechnic device used during this Performance will be subject to applicable fire laws and regulations. Safety of all persons participating in the Performance will be paramount and the Purchaser reserves the right to terminate the use of pyrotechnics during the Performance in the event of any reasonable safety concerns. Any pyrotechnics used will be administered by a qualified person with professional experience in pyrotechnics and must be approved by the Purchaser. The
will be responsible for obtaining all applicable permits. Violation of this section by any Party will give the other Party the right to immediate cancellation of the Performance and or this Agreement.
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8
Insurance
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8.1
The Purchaser
responsible for insuring the Performer's equipment for damage and loss.
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8.2
is responsible for insuring the Venue for liability insurance for the benefit of the Parties.
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8.3
Either Party must provide proof of insurance to the other Party upon request.
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9
Security
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9.1
The Purchaser must take reasonable precautions for the safety of the Performer and the Performer's equipment during all aspects of the Performance and at all times while the Performer and the Performer's equipment is at the Venue. The Purchaser is also responsible to ensure that only the Performer and designated technicians and representatives are allowed on stage or in the backstage area.
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10
Key Personnel
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10.1
The Performer
allowed to make any key personnel changes prior to the date of the Performance. The Purchaser agrees that any changes in key personnel prior to the date of the Performance are at the sole discretion of the Performer. The Performer agrees that any key personnel changes will be made in good faith and will reflect the spirit and intent of the Performance.
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11
Recording of the Performance
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11.1
may
the Performance.
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11.2
Recording or transmitting of the Performance by anyone else through any means whatsoever will not be allowed under this Agreement. It is the responsibility of the
to enforce this provision.
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12
Advertising
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12.1
will be responsible for all promotion of the Performance.
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12.2
The Purchaser agrees to use its best efforts to promote the Performance through appropriate media.
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12.3
The Performer will not be permitted to promote the Performance in any way without the consent of the Purchaser.
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12.4
will not be allowed to advertise or promote the Performance through any means that is prohibited by relevant statute or that could be construed as offensive.
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12.5
The Performer agrees that the Purchaser may use the Performer's name, logo, photographs and other promotional material to promote the Performance.
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12.6
The Performer will provide the Purchaser with Performer's promotional material.
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13
Merchandising
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13.1
The Performer may offer DVDs, CDs, tapes, books, t-shirs and other such items for sale at the Performance. The Purchaser will provide a suitable area with reasonable visibility and accessibility to facilitate merchandising.
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14
Cancellation
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14.1
The Purchaser
cancel the Performance without obligation upon written notice to the Purchaser prior to
.
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14.2
The Performer
cancel the Performance without obligation upon written notice to the Purchaser prior to
.
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14.3
Cancellation by the Purchaser for any reason after
will result in payment of
% of the Fee.
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14.4
In the event of cancellation under clause 14.1 and 14.2 the Deposit will be returned to the Purchaser promptly.
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15
Complementary Tickets
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15.1
The Purchaser will provide at its sole cost and expense
complementary ticket(s) to the Performer for the Performance.
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16
Permits
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16.1
warrant and represent that they have obtained any and all permits, approvals, licenses and variances necessary for the Performance.
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17
Notice
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17.1
All notices and other communications given under this Agreement shall be deemed given upon personal delivery to the appropriate address, or if sent by certified or registered mail,
days after the date of mailing to the following:
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17.2
To: Performer.
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Individual Name:
.
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Phone:
.
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Email:
.
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17.3
To: Purchaser.
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Individual Name:
.
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Phone:
.
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Email:
.
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18
Force Majeure
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18.1
Neither party shall be responsible for damages to the other party to the extent that a breach of this Agreement (or failure to perform) by such party is due to an act of god, strike or other labour dispute, war, terrorist activity, riot, civil disorder, embargo, fire, flood, weather condition, or any other casualty, beyond the reasonable control of such party (collectively, “Force Majeure”).
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18.2
During any delay in performance due to an event of Force Majeure, the disabled party shall use its reasonable efforts and due diligence to resolve the cause of the delay and to minimise the effects thereof. If any of the obligations of any of the parties is hindered or prevented, in whole or in substantial part, because of a Force Majeure event, then all other obligations of the parties shall continue. Delays or non-performance excused by this provision shall not excuse performance of any other obligation that is outstanding at the time of occurrence.
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18.3
Notwithstanding the preceding, in the event such Force Majeure continues for a period of
consecutive months, either party shall have the right, but not the obligation, to serve a written notice on the other terminating this Agreement in full and each Party shall have no further obligation whatsoever to the other save that either Party shall continue to be obliged to make payments of monies due hereunder but not paid at the date of termination.
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19
Applicable Law
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19.1
This Agreement shall be governed by and construed in accordance with the laws of
and the parties submit to the exclusive jurisdiction of the English Courts with regard to any dispute or claim arising under this Agreement.
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20
Pronouns; Statutory References
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20.1
All pronouns and all variations thereof shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the context in which they are used may require. Any reference to the Code, the Regulations, the Act, or other statutes or laws will include all amendments, modifications, or replacements of the specific sections and provisions concerned.
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21
Interpretation
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21.1
In the event any claim is made by any Party relating to any conflict, omission or ambiguity in this Agreement, no presumption or burden of proof or persuasion shall be implied by virtue of the fact that this agreement was prepared by or at the request of a particular Party or the Party’s counsel.
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22
References to this agreement
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22.1
Numbered or lettered articles, sections and subsections herein contained refer to articles, section and subsections of this Agreement unless otherwise expressly stated.
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23
Exhibits
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23.1
All Exhibits attached to this Agreement are incorporated and shall be treated as if set forth herein.
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24
Severability
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24.1
In the event that any term or provision of this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other term or provision, and this Agreement shall be interpreted and construed as if such term or provision, to the extent the same shall have been held invalid, illegal or unenforceable, had never been contained herein.
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25
Cooperation
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25.1
Each of the parties hereto shall execute and deliver any and all additional papers, documents, and other assurances, and shall do any and all acts and things, which are reasonably necessary.
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26
Paragraph Headings
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26.1
The paragraph headings used herein are descriptive only and shall not affect the meaning or interpretation of this Agreement.
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27
Counterparts
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27.1
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same Agreement.
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28
Entire Agreement
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28.1
This Agreement constitutes the entire understanding between the parties with respect to the subject matter contained herein.
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IN WITNESS WHEREOF, the Parties have duly affixed their signatures on _____
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SIGNED, SEALED AND DELIVERED
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__________________________________
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_____
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SIGNED, SEALED AND DELIVERED
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__________________________________
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_____
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