Create a Customized Performance Agreement

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

Performance Agreement

Add Comment
Cancel
THIS PERFORMANCE AGREEMENT (this "Agreement") dated
Add Comment
Cancel
BETWEEN:
Add Comment
Cancel
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.
Add Comment
Cancel
of
Add Comment
Cancel
Add Comment
Cancel
Add Comment
Cancel
( the " Performer ")
Add Comment
Cancel
OF THE FIRST PART
Add Comment
Cancel
and
Add Comment
Cancel
The Purchaser is:
The Purchaser is a promoter, venue owner or producer.
The Purchaser is a promoter, venue owner or producer.
Add Comment
Cancel
of
Add Comment
Cancel
Add Comment
Cancel
Add Comment
Cancel
( the " Purchaser ")
Add Comment
Cancel
OF THE SECOND PART
Add Comment
Cancel
( Performer and Purchaser hereinafter jointly referred to as the "Parties" and individually as the "Party")
Add Comment
Cancel
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:
Add Comment
Cancel
Definitions.
Add Comment
Cancel
"Performance" means
.
Add Comment
Cancel
"Venue" means
.
Add Comment
Cancel
Performance.
Add Comment
Cancel
The Performer will provide the Performance at the Venue.
Add Comment
Cancel
Date and Time of Performance.
Add Comment
Cancel
The date of the Performance is
. The Venue will be available for
on _____ at
.
Add Comment
Cancel
The Performer will play set(s) on this date as follows:
Add Comment
Cancel
Consideration.
Add Comment
Cancel
The Performer's Fee will be
The Purchaser agrees to pay the Performer the total of an amount equal to
+ In Words
(the "Fee").
Add Comment
Cancel
The time of the Performance under section _____ of this Agreement
be extended
prior consent of the
, but no longer than
,
+ In Words
per
(the "Overtime Rate").
Add Comment
Cancel
Payment.
Add Comment
Cancel
Fee will be paid
The Purchaser will pay to the Performer the Fee by
.
Add Comment
Cancel
The Purchaser will pay to the Performer the Overtime Rate and the Expenses
.
Add Comment
Cancel
The Purchaser will pay all financial amounts to the Performer by
.
Add Comment
Cancel
Reimbursement of Expenses.
Add Comment
Cancel
The Performer
reimbursed for
reasonable and necessary expenses (the 'Expenses') incurred by the Performer in connection with providing the Performance.
Add Comment
Cancel
The Expenses
be pre-approved by the Purchaser.
Add Comment
Cancel
Technical equipment.
Add Comment
Cancel
The sound systems provided by the
.
Add Comment
Cancel
The light systems provided by the
.
Add Comment
Cancel
The
will provide and remunerate personnel to operate as lighting technician and sound engineer.
Add Comment
Cancel
Notwithstanding the above, the adjustment of the volume and sound level of any equipment will be at the sole discretion of the
.
Add Comment
Cancel
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.
Add Comment
Cancel
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.
Add Comment
Cancel
Insurance.
Add Comment
Cancel
The Purchaser
responsible for insuring the Performer's equipment for damage and loss.
Add Comment
Cancel
is responsible for insuring the Venue for liability insurance for the benefit of the Parties.
Add Comment
Cancel
Either Party must provide proof of insurance to the other Party upon request.
Add Comment
Cancel
Security.
Add Comment
Cancel
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.
Add Comment
Cancel
Key Personnel.
Add Comment
Cancel
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.
Add Comment
Cancel
Recording of the Performance.
Add Comment
Cancel
may
the Performance.
Add Comment
Cancel
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.
Add Comment
Cancel
Advertising.
Add Comment
Cancel
will be responsible for all promotion of the Performance.
Add Comment
Cancel
The Purchaser agrees to use its best efforts to promote the Performance through appropriate media.
Add Comment
Cancel
The Performer will not be permitted to promote the Performance in any way without the consent of the Purchaser.
Add Comment
Cancel
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.
Add Comment
Cancel
The Performer agrees that the Purchaser may use the Performer's name, logo, photographs and other promotional material to promote the Performance.
Add Comment
Cancel
The Performer will provide the Purchaser with Performer's promotional material.
Add Comment
Cancel
Merchandising.
Add Comment
Cancel
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.
Add Comment
Cancel
Cancellation.
Add Comment
Cancel
The Purchaser
cancel the Performance without obligation upon written notice to the Purchaser prior to
.
Add Comment
Cancel
The Performer
cancel the Performance without obligation upon written notice to the Purchaser prior to
.
Add Comment
Cancel
Cancellation by the Purchaser for any reason after
will result in payment of
% of the Fee.
Add Comment
Cancel
In the event of cancellation under clause _____ and _____ the Deposit will be returned to the Purchaser promptly.
Add Comment
Cancel
Complementary Tickets.
Add Comment
Cancel
The Purchaser will provide at its sole cost and expense
complementary ticket(s) to the Performer for the Performance.
Add Comment
Cancel
Permits.
Add Comment
Cancel
warrant and represent that they have obtained any and all permits, approvals, licenses and variances necessary for the Performance.
Add Comment
Cancel
Notice.
Add Comment
Cancel
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:
Add Comment
Cancel
To: Performer.
Add Comment
Cancel
Individual Name:
.
Add Comment
Cancel
Add Comment
Cancel
Phone:
.
Add Comment
Cancel
Email:
.
Add Comment
Cancel
To: Purchaser.
Add Comment
Cancel
Individual Name:
.
Add Comment
Cancel
Add Comment
Cancel
Phone:
.
Add Comment
Cancel
Email:
.
Add Comment
Cancel
Force Majeure.
Add Comment
Cancel
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”).
Add Comment
Cancel
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.
Add Comment
Cancel
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.
Add Comment
Cancel
Applicable Law.
Add Comment
Cancel
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.
Add Comment
Cancel
Pronouns; Statutory References.
Add Comment
Cancel
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.
Add Comment
Cancel
Interpretation.
Add Comment
Cancel
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.
Add Comment
Cancel
References to this agreement.
Add Comment
Cancel
Numbered or lettered articles, sections and subsections herein contained refer to articles, section and subsections of this Agreement unless otherwise expressly stated.
Add Comment
Cancel
Exhibits.
Add Comment
Cancel
All Exhibits attached to this Agreement are incorporated and shall be treated as if set forth herein.
Add Comment
Cancel
Severability.
Add Comment
Cancel
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.
Add Comment
Cancel
Cooperation.
Add Comment
Cancel
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.
Add Comment
Cancel
Paragraph Headings.
Add Comment
Cancel
The paragraph headings used herein are descriptive only and shall not affect the meaning or interpretation of this Agreement.
Add Comment
Cancel
Counterparts.
Add Comment
Cancel
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.
Add Comment
Cancel
Entire Agreement.
Add Comment
Cancel
This Agreement constitutes the entire understanding between the parties with respect to the subject matter contained herein.
Add Comment
Cancel
Add Comment
Cancel
IN WITNESS WHEREOF, the Parties have duly affixed their signatures on _____
Add Comment
Cancel
SIGNED, SEALED AND DELIVERED
Add Comment
Cancel
__________________________________
Add Comment
Cancel
_____
Add Comment
Cancel
Add Comment
Cancel
Add Comment
Cancel
SIGNED, SEALED AND DELIVERED
Add Comment
Cancel
__________________________________
Add Comment
Cancel
_____
Add Comment
Cancel
Add Comment
Cancel
Add Comment
Cancel
I would like my document reviewed by a solicitor’s office
Topstone Solicitors (London) | Topstone Solicitors
Show More Hide
I want to be notified of approaching deadlines (GRATIS!)
The system will automatically notify you as deadlines in the agreement approach

Download This Document as a Word Document or a PDF.

This Document costs £ 5.90 (£ 7.38 with VAT)

Your Document is Generating, Please Wait.