This Entertainment Contract (hereinafter referred to as the “Contract”) is entered into and shall be effective as on Effective Date (hereinafter referred to as the “Effective Date”), By and Between Entertainer Name (hereinafter referred to as the “Entertainer”), officially residing at Entertainer Address, and; Event Promoter Name (hereinafter referred to as the “Promoter”), having its principal place of business at Event Promoter Address. The Entertainer and the Promoter are collectively referred to as the “Parties” and individually as the “Party.” WHEREAS the Promoter desires to hire the Entertainer as an independent contractor to engage and entertain the audience at Event Venue for the Event Name (hereinafter referred to as the “Event”) being held on the Event Date; AND WHEREAS the Entertainer agrees to perform and deliver a performance of Entertainment Services (hereinafter referred to as the “Entertainment Service”). NOW, THEREFORE, in consideration of the mutual covenants and commitments contained herein, the Parties do hereby agree as follows:
The purpose of the Event is to Event Purpose. The Entertainer agrees to provide their services at the following venue and time: (a) Event Date: Event Date (b) Event Venue: Event Venue
(c) Estimated Start Time: Estimated Event Start Time
(d) Estimated End Time: Estimated Event End Time (e) Additional Details: Additional Event Information
The Entertainer shall have the following responsibilities during the term of this Contract: (a) The Entertainer shall arrive at the venue at Entertainer Arrival Time to set up the equipment and conduct a soundcheck. (b) The Entertainer shall refrain from using foul language or any morally unacceptable act or display. (c) The Entertainer shall adhere to the decorum of the Event. (d) Other Responsibilities of the Entertainer
As full compensation for the services, the Promoter shall pay the Entertainer an amount of Performance Fee (hereinafter referred to as the “Performance Fee”). In consideration of this fee, the Entertainer shall engage the audience at the Event for Number of Hours to Entertain hour(s). Upon the signing of this Contract, the Promoter shall pay a non-refundable deposit of Non-refundable Initial Deposit to the Entertainer (hereinafter referred to as the “Deposit”). This deposit will be deducted from the Performance Fee and will be shown in the final invoice statement provided by the Entertainer to the Promoter. Upon the completion of the Event, if the payments are not made within Number of days to make payment after the event day(s), the Entertainer shall have the option to consider the Promoter in breach of this Contract and claim a late penalty of Late Payment Penalty. The Entertainer agrees that the Performance Fee is inclusive of all expenses such as accommodation, travel, meals, and any other costs incurred by the Entertainer in connection with this Contract. The payment shall be made in USD through Mode of Payment.
This Contract shall start on the Effective Date and shall continue until the termination or completion of the Event. However, certain clauses, as per their nature, shall continue to oblige the Parties as stated therein, such as the Confidentiality, Intellectual Property, Arbitration, and such other provisions.
This Contract may be terminated by: (a) Either Party upon Termination Notice Period in Days day(s) prior written notice to the other Party, with or without cause; (b) Either Party upon the breach of any terms mentioned herein by the other Party, if the other Party doesn't cure the breach within Number of days to remedy breach day(s) of the receipt of written notice of the breach; (c) The Promoter, if the Entertainer fails to comply with the reasonable directives of the Promoter; (d) The Entertainer, if the Promoter doesn't pay the deposit or the remainder of the Performance Fee within Termination Notice Period_Non-Payment day(s) after sending written notice to the Promoter. The Contract shall be terminated upon the completion of the Event or upon an express cancellation by either of the Parties.
Any proprietary information shared by the Entertainer during the tenure of the Contract is rightfully the Entertainer's existing intellectual property. The Promoter shall not claim any ownership over such intellectual property. However, ownership may be only claimed if the Entertainer agrees, in writing, to transfer such rights to the Promoter.
The Promoter may record all or part of the Entertainer's performance. The master copy of the recording shall reach the Entertainer within Master Copy Delivery day(s) after the Event ends. The Promoter shall keep the recording for internal use only and not sell these copies. Should the Promoter wish to make other recording or distribution arrangements, the Promoter shall seek written permission from the Entertainer.
The Promoter shall provide the Entertainer with the necessary personal and technical assistance required during the Event. The Entertainer requires the following requirements in order to provide Entertainment Services: (a) Personal Requirements: Personal requirements of the Entertainer
(b) Technical Requirements: Technical requirements of the Entertainer
The Promoter is hiring the Entertainer as an independent contractor. Both Parties shall not establish any partnership or employer-employee relationship.
The services to be performed during the Event under this Contract shall be performed entirely at the Promoter's risk, and the Promoter assumes all responsibility for the condition of the Venue. The Entertainer shall not be liable for any indirect, incidental, special, or consequential damages arising out of this Contract.
During the term of this Contract, the Promoter shall share all the information related to the Event and other confidential information to the Entertainer to conduct the performance. The Entertainer shall not disclose any of the shared information at any time to third parties or for personal benefit.
(a) Representations.
(i) The Entertainer hereby represents to have the expertise, knowledge, and experience needed to render the said Entertainment Service. (ii) Both the Parties agree to uphold all the laws and legal requirements of the state of Governing Law. (iii) In addition, the Entertainer shall conform to moral, ethical, and other required standards pertaining to the nature of the Entertainment Service in the course of executing all the obligations and services under this Contract.
(b) Warranties.
(i) The Entertainer warrants to render the said Entertainment Service in the most efficient and timely manner. (ii) The Entertainer shall take special care that all the obligations mentioned in the Entertainer's Responsibilities clause are executed while providing the Entertainment Services. (iii) The Promoter acknowledges that the Entertainer shall not be held responsible for any hindrance or human error arising during or due to the performance that is out of the Entertainer's capacity to absolutely avoid, such as hindrances from the audience, technical glitches, etc.
The Entertainer shall perform exclusively for the Promoter throughout the actual period of services arising out of this Contract.
The Entertainer grants the following rights to the Promoter: (a) The right to use and publish the Entertainer's name and photographs for advertising purposes in connection with the Event mentioned in this Contract. (b) Other rights
Both Parties agree to indemnify and hold each other harmless for any losses, damages, or liabilities without limitation.
In the event of any dispute arising in and out of this Contract between the Parties, it shall be resolved by arbitration. There shall be Number of Arbitrators arbitrator(s), who shall be appointed by Arbitration Appointing Party Name. The place of arbitration shall be Location of Arbitration, and the Seat shall be State of Seat. The arbitrators’ decision shall be final and binding upon both Parties.
Neither Party may assign this Contract or the rights and obligations thereunder to any third party without the prior express written approval of the other Party, which shall not be unreasonably withheld.
Any notices required or permitted by this Agreement shall be in writing and delivered by certified mail or courier to the mentioned address.
Neither Party shall be liable for any failure in performance of the obligation under this Contract due to cause beyond that Party's reasonable control (including and not limited to any pandemic, fire, strike, act, or order of public authority, and other acts of God) during the pendency of such event.
No modification of this Contract shall be made unless in writing and signed by both Parties.
If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, all other terms will remain in full force and effect until the Contract termination.
This Contract shall be governed following the laws of the Governing Law. If the disputes are not resolved by arbitration, they shall be resolved by litigation in the courts of the Jurisdiction, including the federal courts therein. The Parties consent to the jurisdiction of such courts and agree to accept service of process by mail and hereby waive any jurisdictional or venue defenses otherwise available to it.
This Contract is legal and binding between the Parties as stated above. The Parties each represent the authority to enter into this Contract.
This Contract constitutes the entire understanding of the Parties, and revokes and supersedes all prior contracts between the Parties, and is intended as a final expression of their Contract. It shall not be modified or amended except in writing, signed by the Parties hereto, and specifically referring to this Contract. This Contract shall take precedence over any other documents that may conflict with it.
The Parties signing this Contract represent and warrant that they are duly authorized and have the legal capacity to execute and deliver this Contract.
Entertainer Name
Event Promoter Name
Name:
Name:
Signature:
Signature:
Date:
Date: