Performance Agreement
Document Overview
This is a fillable performance agreement. Click any blank field in the document below, type your information, and your entries will autosave in your browser. Use the toolbar at the top to print, save as PDF, or download a completed copy. Below the form, you'll find a guide to using this document, common mistakes to avoid, and answers to the questions we hear most often about performance agreement.
This performance agreement is between Name Business / Individual , an individual State Performer Biz Type (the "Performer") and Name Business / Individual , an individual State Buyer Business Type (the "Buyer").
The Performer is a Description .
The Buyer wishes to engage the Performer as an independent contractor for the purpose of performing at the premises known as Name (the "Venue").
The parties therefore agree as follows:
1. PURPOSE.
The Buyer hereby engages the Performer, and the Performer hereby accepts such engagement, to provide the performance and services described in section 3 (the "Performance").
2. COMPENSATION.
- (a) Performance Fee. As full compensation for the Performance, the Buyer shall pay the Performer by cash, or by money order or check made payable to Name a total sum of $$ Amount less any taxes legally required to be withheld by the Buyer, as set forth in section (the "Performance Fee"). Before the performance / After the performance / In installments The Buyer shall pay the Performance Fee in full before the start of the Performance.
- (b) Additional Services. The Buyer may purchase the following Additional Services at the following rates:
- (i) additional performance time, if requested by the Buyer and agreed to by the Performer, will be provided at the rate of $$ Amount per Minutes minutes.
- (ii) if the Venue requires extra set-up or take-down time, of if equipment must be carried by the Performer distances greater than Distance in feet feet, an additional labor fee of $$ Amount per Minutes minutes. Yes / No
- (iii) Description .
3. DATES, TIMES, AND PLACE OF PERFORMANCE.
In exchange for the Performance Fee, as set forth in section 2, the Performer shall provide the Performance as follows:
- (a) Performance Venue. The Performance will be held at the Venue. The address of the Venue is Street address , City , State ZIP Code .
- (b) Date(s) and Time(s). The Performance will take place on the following date(s) and time(s):
|
|
|
|
|
Date |
|
|
|
|
|
|
Time |
|
|
|
|
|
|
|
|
|
|
Date |
|
|
|
|
|
|
between Start time a.m. / p.m. and End time a.m. / p.m. |
Yes / No |
|
|
|
|
|
|
|
|
|
Date |
|
|
|
|
|
|
between Start time a.m. / p.m. and End time a.m. / p.m. |
Yes / No |
|
|
|
|
|
|
|
|
|
Date |
|
|
|
|
|
|
between Start time a.m. / p.m. and End time a.m. / p.m. |
|
|
|
|
|
- Yes / No (c) Length of Performance. The Performance will be no fewer than Minutes minutes, and no more than Minutes minutesYes / No
- (c) Description of Performance. The Performer will provide the following Performance: Description .
- (d) Performance Content. The Performer shall have sole control and responsibility for all content and creative elements of the Performance. Yes / No However, the Performance shall not include any of the following: Restrictions .
- (e) Set-up and Take-down. The Performer may begin set up for the Performance Number Minutes / Hours hours before the Performance. The Performer shall complete take down for the Performance no later than Number Minutes / Hours hours after the Performance.
- Yes / No (f)
4. RESPONSIBILITIES.
- (a) Of the Performer. The Performer shall:
- (i) provide the Performance, asset forth in section 3 above;
- (ii) devote as much productive time, energy, and ability to the Performance and rehearsal of the Performance as may be necessary;
- (iii) complete the Performance safely, with professional effort and skill, and using adequate equipment in good working order;
- (iv) comply with any royalty fees, performance fees, or other obligations of any organizations, including unions, to which the Performer is subject, contractually or otherwise;
- (v) arrive at the Venue at least Number Minutes / Hours hours prior to the Performance;
- (vi) control and direct the production and presentation of the Performance;
- (vii) supply all equipment and personnel necessary for the Performance other than the equipment and personnel to be supplied by the Buyer;
- (viii) arrange any travel and lodging in connection with the Performance and pay for any travel, lodging, or other expenses incidental to the Performance, including meals ; and
- Yes / No (ix) provide the Buyer with the Performer's biographical information and photographs Yes / No
- (ix)
- (b) Of the Buyer. The Buyer shall:
- (i) provide reasonable assistance and cooperation to the Performer to enable the Performer to complete the Performance;
- (ii) take reasonable steps to secure the safety of the Performer and the Performer's property and personnel;
- (iii) provide appropriate working conditions for the Performance, including suitable space, power, electricity, sound, and other services, as set forth in this agreement;
- (iv) provide a stage Length feet by Width feet for the Performance and, on the request of the Performer, for no more than Number rehearsals;
- (v) supply power, lighting, and sound as set forth in more detail in a technical rider signed by the parties and attached to this agreement as Exhibit A;
- (vi) supply the following equipment: Equipment ;
- (vii) supply Number clean, well-lighted, ventilated, dressing room(s) with locks;
- (viii) provide reasonable security to protect the Performer and the Performer's property on the stage and in any backstage areas, and ensure that no unauthorized people will have access to those areas. The cost of repairs, replacement, or medical treatment for any damages incurred to the Buyer's property, person, or personnel due to a lack of reasonable protection, except in the case of gross negligence on the part of the Performer, will be payable by the Buyer;
- Yes / No (ix) provide parking for Number vehicle(s) of the Performer for a period of Hours hours, beginning Hours hours before the Performance, at a location close to the Venue;
- Yes / No (ix)
- Yes / No (ix)
- Yes / No (ix)
- Yes / No (ix)
- Yes / No (ix) Yes / No
- (ix)
5. TERM; TERMINATION.
- (a) Term. This agreement shall become effective as of the Effective Date and, unless otherwise terminated in accordance with subsection (b), will continue until the Performance has been completed and the Performer has been paid in full for the Performance (the "Term").
- (b) Right to Terminate. This agreement may be terminated and the Performance cancelled:
- (i) by either party immediately on notice to the other party in the event of accidents, fire, earthquake, flood, explosion, strike, riot, war, terrorism, or similar legitimate event beyond that party's reasonable control (each a "Force Majeure Event"). In the event of a Force Majeure Event, both parties shall be released and discharged from any obligations and liabilities under this agreement, including the Buyer's obligation to make any payments to the Performer, and the Performer shall promptly refund the Buyer any payments, including the Deposit, already made by the Buyer in connection with the Performance;
- Yes / No (ii) by the Performer, if his or her ability to perform is demonstrably impaired by illness or injury. If this occurs, the Performer shall return any
- Yes / No (ii)
- (ii) by the Performer on written notice if the Buyer fails to pay the Deposit. If this occurs, the Performer will be released from any obligations under this agreement.
6. RECORDING OF PERFORMANCE.
The Buyer shall use reasonable efforts to prevent the photographing, recording, broadcasting, transmission, or reproduction of the Performance. The Performer and his or her representatives may record the Performance and use any recording of the Performance for any purpose. The Buyer shall have no interest in any of the Performer's recordings of the Performance. Yes / No
7. EXCLUSIVE PERFORMANCE.
The Performer shall not accept any other engagement to perform within a Miles -mile radius of the Venue between Date and Date without the Buyer's prior written consent. Yes / No
8. PROMOTION AND PRODUCTION.
The Buyer shall be responsible for all matters relating to the promotion and production of the Performance, and shall promote the PerformanceYes / No Yes / No
9. INSURANCE.
- (a) Insurance Requirements. Before the Performance, the Performer shall acquire commercial general liability insurance coverage for personal injury, bodily injury, and property damage with a minimum combined single limit of $$ Amount per occurrence, $$ Amount aggregate. If these policies are cancelled or materially changed, the Performer shall provide 30 days' prior written notice to the Buyer. The Performer is solely responsible for paying premiums and deductibles for this insurance.
- (b) Certificates. The Performer shall provide certificate(s) to the Buyer evidencing the insurance coverage in subsection (a), with a statement that the Buyer / Another party Yes / No
10. MERCHANDISE.
- (a) Sales. The Performer shallYes / No Yes / No
- (b) Location. The Buyer shall provide appropriate and prominent space, including Size table and Number chairs, to the Performer at the Venue to facilitate the Performer's sales. Yes / No
- (b)
- (c) Yes / No
11. RIGHT TO END PERFORMANCE.
The Performer reserves the right to end the Performance in the event of a legitimate threat or implied threat of harm to the Performer or any of the Performer's personnel or property. The Buyer shall remain liable for full payment of the Performance Fee, whether or not the Performer is able to resume and complete the Performance.
12. INDEMNIFICATION.
- (a) Of Buyer by Performer. The Performer shall at all times indemnify the Buyer against any award, charge, claim, compensatory damages, cost, damages, exemplary damages, diminution in value, expense, fee, fine, interest, judgment, liability, settlement payment, penalty, or other loss (a "Loss") or any attorney's or other professional's fee and disbursement, court filing fee, court cost, arbitration fee, arbitration cost, witness fee, and each other fee and cost of investigating and defending or asserting a claim for indemnification (a "Litigation Expense") arising out of any breach of any of the representations or agreements made by the Performer under this agreement.
- (b) Of Performer by Buyer. The Performer shall at all times indemnify the Buyer against any Loss or Litigation Expense arising out of any breach of any of the representations or agreements made by the Buyer under this agreement.
13. NATURE OF RELATIONSHIP.
- (a) Independent Contractor. The Performer shall provide the Performance under solely as an independent contractor. Nothing in this agreement maybe construed as creating a joint venture, partnership, franchise, agency, employer/employee, or similar relationship between the parties, or as authorizing either party to act as the agent of the other. The Performer is and will remain an independent contractor in its relationship to the Buyer.
- (b) Taxes. The Buyer shall not be responsible for withholding taxes with respect to the Performer's compensation hereunderYes / No except as follows: Description .
14. GOVERNING LAW.
- (a) Choice of Law. The laws of the state of State govern this agreement (without giving effect to its conflicts of law principles).
- (b) Choice of Forum. Both parties consent to the personal jurisdiction of the state and federal courts in County County, State .
15. AMENDMENTS.
No amendment to this agreement will be effective unless it is in writing and signed by a party or its authorized representative.
16. ASSIGNMENT AND DELEGATION.
- (a) No Assignment. Neither party may assign any of its rights under this agreement, except with the prior written consent of the other party. All voluntary assignments of rights are limited by this subsection.
- (b) No Delegation. The Performer may not delegate any performance under this agreement, except with the prior written consent of the Buyer.
- (c) Enforceability of an Assignment or Delegation. If a purported assignment or purported delegation is made in violation of this section, it is void.
17. SEVERABILITY.
If any one or more of the provisions contained in this agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this agreement, but this agreement will be construed as if those invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated by this agreement to be unreasonable.
18. NOTICES.
- (a) Writing; Permitted Delivery Methods. Each party giving or making any notice, request, demand, or other communication required or permitted by this agreement shall give that notice in writing and use one of the following types of delivery, each of which is a writing for purposes of this agreement: personal delivery, mail (registered or certified mail, postage prepaid, return-receipt requested), nationally recognized overnight courier (fees prepaid), facsimile, or email.
- (b) Addresses. A party shall address notices under this section to a party at the following addresses:
- If to the Performer:
|
Contact name/position Performer Name |
|
Street address |
|
City , State ZIP Code |
|
Email |
|
Contact name/position Buyer Name |
|
Street address |
|
City , State ZIP Code |
|
Email |
- (c) Effectiveness. A notice is effective only if the party giving notice complies with subsections (a) and (b) and if the recipient receives the notice.
19. WAIVER.
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this agreement will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver will constitute a continuing waiver, unless the writing so specifies.
20. ENTIRE AGREEMENT.
This agreement constitutes the final agreement of the parties. It is the complete and exclusive expression of the parties' agreement about the subject matter of this agreement. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this agreement are expressly merged into and superseded by this agreement. The provisions of this agreement may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither party was induced to enter this agreement by, and neither party is relying on, any statement, representation, warranty, or agreement of the other party except those set forth expressly in this agreement. Except as set forth expressly in this agreement, there are no conditions precedent to this agreement's effectiveness.
21. HEADINGS.
The descriptive headings of the sections and subsections of this agreement are for convenience only, and do not affect this agreement's construction or interpretation.
22. EFFECTIVENESS.
This agreement will become effective when all parties have signed it. The date this agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature) will be deemed the date of this agreement.
23. NECESSARY ACTS; FURTHER ASSURANCES.
Each party shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to consummate and make effective the transactions this agreement contemplates or to evidence or carry out the intent and purposes of this agreement.
SIGNATURE PAGE FOLLOWS
Each party is signing this agreement on the date stated opposite that party's signature.
|
Performer Name |
|
|
Date: _________________ |
By:__________________________________________ |
|
Name: Yes / No Performer Name Name
Title: Title |
|
|
|
Buyer Name |
|
|
Date: _________________ |
By:__________________________________________ |
|
Name: Yes / No Buyer Name
Title: Title |
PAGE BREAK HERE
EXHIBIT A
Attach technical rider with sound and lighting specifications.