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Appearance Agreement

THIS AGREEMENT is entered into this __________ day of ____________________, 200_____ by the Performer
(also referred to as “P”) and Buyer identified below (collectively, the “Parties”).

IN CONSIDERATION of the mutual promises set forth herein, and for other good and valuable consideration, the
receipt of which is hereby acknowledged, the Buyer hereby engages the Performer to provide a Performance upon
the following terms:

Performer Information:

1) Name: ___________________________________________________________________________.
2) Members of Performance Group: _______________________________________________________
___________________________________________________________________________.
3) Performer’s Contact: _________________________________________________________________
___________________________________________________________________________.
4) Number of Performers: __________.
5) Buyer Name and Address: _____________________________________________________________
___________________________________________________________________________.
6) Place of Performance: ________________________________________________________________
___________________________________________________________________________.
7) Date of Performance: _________________________________________________________________
___________________________________________________________________________.
8) Time of Performance: __________.
9) Performance Content: Performer and all of the above-identified members shall provide a Performance of
the type generally designated as _________________________ at the date, time and place listed above.
The Performance shall last at least __________ hour(s), including set breaks listed below.
10) Permits: Buyer warrants and represents that it has obtained all approvals, permits, licenses and/or
variances necessary for the Performance.
11) Breaks: Performer shall have __________ breaks, averaging ____________________ each.
12) Performance Fee: Buyer shall pay Performer a Performance Fee of $____________________ as follows:
· Upon execution of this Agreement, Buyer shall pay to Performer a Deposit of $____________________.
· Upon arrival to the Performance, Buyer shall pay the Performer the Balance of $____________________.
· Payment shall be in the form of _______________ and be paid to ______________________________.
13) Promotion: Buyer shall be responsible for promotion of the Performance. Performer shall provide Buyer
with a press kit and camera-ready copies of his promotional materials.
14) Sound and Set-Up: At least __________ hour(s) prior to the Time of Performance, the Buyer shall provide
Performer and/or designated representative(s) sufficient access to the Place of Performance for set-up and
sound check. Performer shall designate an individual to oversee sound modifications when available before
and during the Performance. If Performer does not have his own sound technician on hand, the Buyer will
hire a technician to work with and carry out all of the Performer’s requests. Any power outages are the sole
responsibility of the Buyer and does not affect nor alter the Performance fee agreement.
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15) Security: Buyer shall take reasonable precautions for the safety of Performer and Performer’s equipment
before, during, and after the Performance.
16) Termination: Either Party may refuse or terminate the Performance due to violation of any law or regulation
by the other Party, or any situation that the Party reasonably believes may be hazardous to any person or
property.
17) Insurance: Buyer warrants and represents that it has, or shall obtain, sufficient personal injury and property
damage liability insurance with respect to the activities of Performer at the Place of Performance.
18) Accommodations - Buyer shall provide Performer with:
· Reasonable amounts of free bottled water, energy drinks, and soda during the Performance.
· __________ Tickets to the Performance.
· __________ Free meals on the Date of the Performance.
· Lodging: _____________________________________________________________________________
___________________________________________________________________________.
· Transportation: ________________________________________________________________________
___________________________________________________________________________.
19) Cancellation - If Buyer provides written notice of cancellation of this Agreement to the Performer, contact at
the address listed above, by the following dates, the Parties shall promptly take the following actions:

Date Buyer provides written notice of cancellation. Action required


“P” promptly returns the entirety of the Deposit to
· At least __________ days before the Date of Performance.
Buyer.
· Less than __________ days, but still before the Date of “P” retains the Deposit and is not further obligated to
Performance. Buyer.
Buyer promptly pays “P” full balance of Performance
· The Date of Performance.
Fee.

The obligation of the Parties shall be excused by detention of key personnel by sickness, accident, riot, strike,
epidemic, act of God, force majeure, or any other legitimate condition beyond the control of the obliged Party. If such
circumstances arise in the case of Performer, Performer shall, at its discretion, obtain replacement personnel or shall
refund the Deposit to the Buyer. If such circumstances arise in the case of Buyer, Buyer shall, at its discretion, obtain
a reasonably similar replacement venue available on the Date of Performance or shall comply with the notice of
cancellation provisions described herein. Neither Party shall be liable for indirect, special, or consequential damages
arising from any breach of this Agreement.

20) Flight Arrangements: Buyer shall provide Performer with round trip _______________ airfare to the area
of Performance. All flight departure time(s) will be at the discretion of the Performer as long as it does not
conflict with the arrival time for set-up and Performance.

21) Merchandise: Performer shall, at its option, sell albums and other promotional material on the premises
during the Performance, retaining all proceeds associated therewith.

22) General: This Agreement will be governed by, and construed in accordance with the laws of the State of
New York without giving effect to the principles or its conflict of law provisions. The Parties to this Agreement
agree and consent to the jurisdiction of and venue in the state or federal courts of New York State, in all
disputes arising out of or relating to this Agreement. In the event that any provision of this Agreement is
declared invalid or void by statute or judicial decision, such action shall not invalidate the entire Agreement.
It is the express intention of the Parties that all other provisions not declared invalid or void shall remain in
full force and effect. The failure by either Party to act with respect to a breach by the other shall not
constitute a waiver of the right to act with respect to subsequent or similar breaches. This Agreement
constitutes the entire Agreement between the Parties.
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23) Additional Provisions and Rider Specifications: _____________________________________________


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I have read and agree to all terms as written in this Agreement.

Buyer (Sign & Date Below)

Sign Name: ____________________________________________________________.

Print Name: ____________________________________________________________.

Date: ______________________________.

Performer (Sign & Date Below)

Sign Name: ____________________________________________________________.

Print Name: ____________________________________________________________.

Date: ______________________________.
Page Four

Confidential Disclosure Agreement

THIS AGREEMENT is entered into this __________ day of ____________________, 200_____ by and
between the Buyer (hereinafter "Recipient") and the Performer (hereinafter "Discloser").

WHEREAS Discloser possesses certain information relating to this Agreement that is confidential and
proprietary to Discloser (hereinafter "Confidential Information"); and
WHEREAS the Recipient is willing to receive disclosure of the Confidential Information pursuant to the terms
of this Agreement for the purpose of Performance;
NOW THEREFORE, in consideration for the mutual undertakings of the Discloser and the Recipient under
this Agreement, the parties agree as follows:

1) Disclosure: Discloser agrees to disclose and Recipient agrees to receive the Confidential
Information.
2) Confidentiality:
2.1 No Use: Recipient agrees not to use the Confidential Information in any way except for the
purpose set forth in the Agreement.
2.2 No Disclosure: Recipient agrees to use its best efforts to prevent and protect the Confidential
Information, or any part thereof, from disclosure to any person other than Recipient's employees
having a need for disclosure in connection with Recipient's authorized use of the Confidential
Information.
2.3 Protection of Secrecy: Recipient agrees to take all steps reasonably necessary to protect the
secrecy of the Confidential Information, and to prevent the Confidential Information from falling into
the public domain or into the possession of unauthorized persons.
3) Limits on Confidential Information: Confidential Information shall not be deemed proprietary and
the Recipient shall have no obligation with respect to such information where the information
(A.) was known to Recipient prior to receiving any of the Confidential Information from
Discloser;
(B.) has become publicly known through no wrongful act of Recipient;
(C.) was received by Recipient without breach of this Agreement from a third party without
restriction as to the use and disclosure of the information;
(D.) was independently developed by Recipient without use of the Confidential Information; or
(E.) was ordered to be publicly released by the requirement of a government agency.
4) Ownership of Confidential Information: Recipient agrees that all Confidential Information shall
remain the property of Discloser, and that Discloser may use such Confidential Information for any
purpose without obligation to Recipient. Nothing contained herein shall be construed as granting or
implying any transfer of rights to Recipient in the Confidential Information, or any patents or other
intellectual property protecting or relating to the Confidential Information.
5) Term and Termination: The obligations of this Agreement shall be continuing until the Confidential
Information disclosed to Recipient is no longer confidential as per the Discloser.
6) Survival of Rights and Obligations: This Agreement shall be binding upon, inure to the benefit of,
and be enforceable by
(A.) Discloser, its successors, and assigns; and
(B.) Recipient, its successors and assigns.

IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the date first written
above.

Recipient (Sign & Print Below)

Sign Name: ____________________________________________________________.

Print Name: ____________________________________________________________.


Form
(Rev. January 2003)
W-9 Request for Taxpayer Give form to the
requester. Do not
Department of the Treasury
Identification Number and Certification send to the IRS.
Internal Revenue Service
Name
See Specific Instructions on page 2.

Business name, if different from above


Print or type

Individual/ Exempt from backup


Check appropriate box: Sole proprietor Corporation Partnership Other 䊳 withholding
Address (number, street, and apt. or suite no.) Requester’s name and address (optional)

City, state, and ZIP code

List account number(s) here (optional)

Part I Taxpayer Identification Number (TIN)

Enter your TIN in the appropriate box. For individuals, this is your social security number (SSN). Social security number
However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on – –
page 3. For other entities, it is your employer identification number (EIN). If you do not have a number,
see How to get a TIN on page 3. or
Note: If the account is in more than one name, see the chart on page 4 for guidelines on whose number Employer identification number
to enter. –
Part II Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal
Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has
notified me that I am no longer subject to backup withholding, and
3. I am a U.S. person (including a U.S. resident alien).
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply.
For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement
arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must
provide your correct TIN. (See the instructions on page 4.)

Sign Signature of
Here U.S. person 䊳 Date 䊳

Purpose of Form Nonresident alien who becomes a resident alien.


Generally, only a nonresident alien individual may use the
A person who is required to file an information return with terms of a tax treaty to reduce or eliminate U.S. tax on
the IRS, must obtain your correct taxpayer identification certain types of income. However, most tax treaties contain a
number (TIN) to report, for example, income paid to you, real provision known as a “saving clause.” Exceptions specified
estate transactions, mortgage interest you paid, acquisition in the saving clause may permit an exemption from tax to
or abandonment of secured property, cancellation of debt, or continue for certain types of income even after the recipient
contributions you made to an IRA. has otherwise become a U.S. resident alien for tax purposes.
U.S. person. Use Form W-9 only if you are a U.S. person If you are a U.S. resident alien who is relying on an
(including a resident alien), to provide your correct TIN to the exception contained in the saving clause of a tax treaty to
person requesting it (the requester) and, when applicable, to: claim an exemption from U.S. tax on certain types of income,
1. Certify that the TIN you are giving is correct (or you are you must attach a statement that specifies the following five
waiting for a number to be issued), items:
2. Certify that you are not subject to backup withholding, 1. The treaty country. Generally, this must be the same
or treaty under which you claimed exemption from tax as a
3. Claim exemption from backup withholding if you are a nonresident alien.
U.S. exempt payee. 2. The treaty article addressing the income.
Note: If a requester gives you a for m other than Form W-9 3. The article number (or location) in the tax treaty that
to request your TIN, you must use the requester’s form if it is contains the saving clause and its exceptions.
substantially similar to this For m W-9. 4. The type and amount of income that qualifies for the
Foreign person. If you are a foreign person, use the exemption from tax.
appropriate Form W-8 (see Pub. 515, Withholding of Tax on 5. Sufficient facts to justify the exemption from tax under
Nonresident Aliens and Foreign Entities). the terms of the treaty article.
Cat. No. 10231X Form W-9 (Rev. 1-2003)
Form W-9 (Rev. 1-2003) Page 2
Example. Article 20 of the U.S.-China income tax treaty Specific Instructions
allows an exemption from tax for scholarship income
received by a Chinese student temporarily present in the
United States. Under U.S. law, this student will become a Name
resident alien for tax purposes if his or her stay in the United If you are an individual, you must generally enter the name
States exceeds 5 calendar years. However, paragraph 2 of shown on your social security card. However, if you have
the first Protocol to the U.S.-China treaty (dated April 30, changed your last name, for instance, due to marriage
1984) allows the provisions of Article 20 to continue to apply without informing the Social Security Administration of the
even after the Chinese student becomes a resident alien of name change, enter your first name, the last name shown on
the United States. A Chinese student who qualifies for this your social security card, and your new last name.
exception (under paragraph 2 of the first protocol) and is If the account is in joint names, list first, and then circle,
relying on this exception to claim an exemption from tax on the name of the person or entity whose number you entered
his or her scholarship or fellowship income would attach to in Part I of the form.
Form W-9 a statement that includes the information
Sole proprietor. Enter your individual name as shown on
described above to support that exemption.
your social security card on the “Name” line. You may enter
If you are a nonresident alien or a foreign entity not your business, trade, or “doing business as (DBA)” name on
subject to backup withholding, give the requester the the “Business name” line.
appropriate completed Form W-8. Limited liability company (LLC). If you are a single-member
What is backup withholding? Persons making certain LLC (including a foreign LLC with a domestic owner) that is
payments to you must under certain conditions withhold and disregarded as an entity separate from its owner under
pay to the IRS 30% of such payments (29% after December Treasury regulations section 301.7701-3, enter the owner’s
31, 2003; 28% after December 31, 2005). This is called name on the “Name” line. Enter the LLC’s name on the
“backup withholding.” Payments that may be subject to “Business name” line.
backup withholding include interest, dividends, broker and Other entities. Enter your business name as shown on
barter exchange transactions, rents, royalties, nonemployee required Federal tax documents on the “Name” line. This
pay, and certain payments from fishing boat operators. Real name should match the name shown on the charter or other
estate transactions are not subject to backup withholding. legal document creating the entity. You may enter any
You will not be subject to backup withholding on payments business, trade, or DBA name on the “Business name” line.
you receive if you give the requester your correct TIN, make Note: You are requested to check the appropriate box for
the proper certifications, and report all your taxable interest your status (individual/sole proprietor, corporation, etc. ).
and dividends on your tax return.
Payments you receive will be subject to backup Exempt From Backup Withholding
withholding if:
If you are exempt, enter your name as described above and
1. You do not furnish your TIN to the requester, or check the appropriate box for your status, then check the
2. You do not certify your TIN when required (see the Part “Exempt from backup withholding” box in the line following
II instructions on page 4 for details), or the business name, sign and date the form.
3. The IRS tells the requester that you furnished an Generally, individuals (including sole proprietors) are not
incorrect TIN, or exempt from backup withholding. Corporations are exempt
from backup withholding for certain payments, such as
4. The IRS tells you that you are subject to backup interest and dividends.
withholding because you did not report all your interest and
Note: If you are exempt from backup withholding, you should
dividends on your tax return (for reportable interest and
still complete this form to avoid possible erroneous backup
dividends only), or
withholding.
5. You do not certify to the requester that you are not Exempt payees. Backup withholding is not required on any
subject to backup withholding under 4 above (for reportable payments made to the following payees:
interest and dividend accounts opened after 1983 only). 1. An organization exempt from tax under section 501(a),
Certain payees and payments are exempt from backup any IRA, or a custodial account under section 403(b)(7) if the
withholding. See the instructions below and the separate account satisfies the requirements of section 401(f)(2);
Instructions for the Requester of Form W-9. 2. The United States or any of its agencies or
instrumentalities;
Penalties 3. A state, the District of Columbia, a possession of the
Failure to furnish TIN. If you fail to furnish your correct TIN United States, or any of their political subdivisions or
to a requester, you are subject to a penalty of $50 for each instrumentalities;
such failure unless your failure is due to reasonable cause 4. A foreign government or any of its political subdivisions,
and not to willful neglect. agencies, or instrumentalities; or
Civil penalty for false information with respect to 5. An international organization or any of its agencies or
withholding. If you make a false statement with no instrumentalities.
reasonable basis that results in no backup withholding, you Other payees that may be exempt from backup
are subject to a $500 penalty. withholding include:
Criminal penalty for falsifying information. Willfully 6. A corporation;
falsifying certifications or affirmations may subject you to
7. A foreign central bank of issue;
criminal penalties including fines and/or imprisonment.
8. A dealer in securities or commodities required to register
Misuse of TINs. If the requester discloses or uses TINs in
in the United States, the District of Columbia, or a
violation of Federal law, the requester may be subject to civil
possession of the United States;
and criminal penalties.
Form W-9 (Rev. 1-2003) Page 3

9. A futures commission merchant registered with the Part I. Taxpayer Identification


Commodity Futures Trading Commission;
Number (TIN)
10. A real estate investment trust;
Enter your TIN in the appropriate box. If you are a resident
11. An entity registered at all times during the tax year alien and you do not have and are not eligible to get an
under the Investment Company Act of 1940; SSN, your TIN is your IRS individual taxpayer identification
12. A common trust fund operated by a bank under number (ITIN). Enter it in the social security number box. If
section 584(a); you do not have an ITIN, see How to get a TIN below.
13. A financial institution; If you are a sole proprietor and you have an EIN, you may
enter either your SSN or EIN. However, the IRS prefers that
14. A middleman known in the investment community as a you use your SSN.
nominee or custodian; or
If you are a single-owner LLC that is disregarded as an
15. A trust exempt from tax under section 664 or entity separate from its owner (see Limited liability
described in section 4947. company (LLC) on page 2), enter your SSN (or EIN, if you
The chart below shows types of payments that may be have one). If the LLC is a corporation, partnership, etc., enter
exempt from backup withholding. The chart applies to the the entity’s EIN.
exempt recipients listed above, 1 through 15. Note: See the chart on page 4 for further clarification of
If the payment is for . . . THEN the payment is exempt
name and TIN combinations.
for . . . How to get a TIN. If you do not have a TIN, apply for one
immediately. To apply for an SSN, get Form SS-5,
Interest and dividend payments All exempt recipients except Application for a Social Security Card, from your local Social
for 9 Security Administration office or get this form on-line at
www.ssa.gov/online/ss5.html. You may also get this form
Broker transactions Exempt recipients 1 through 13. by calling 1-800-772-1213. Use Form W-7, Application for
Also, a person registered under IRS Individual Taxpayer Identification Number, to apply for an
the Investment Advisers Act of ITIN, or Form SS-4, Application for Employer Identification
1940 who regularly acts as a
Number, to apply for an EIN. You can get Forms W-7 and
broker
SS-4 from the IRS by calling 1-800-TAX-FORM
Barter exchange transactions Exempt recipients 1 through 5 (1-800-829-3676) or from the IRS Web Site at www.irs.gov.
and patronage dividends If you are asked to complete Form W-9 but do not have a
TIN, write “Applied For” in the space for the TIN, sign and
Payments over $600 required Generally, exempt recipients date the form, and give it to the requester. For interest and
to be reported and direct 1 through 7 2 dividend payments, and certain payments made with respect
sales over $5,000 1 to readily tradable instruments, generally you will have 60
1
days to get a TIN and give it to the requester before you are
See Form 1099-MISC, Miscellaneous Income, and its instructions.
2
subject to backup withholding on payments. The 60-day rule
However, the following payments made to a corporation (including gross does not apply to other types of payments. You will be
proceeds paid to an attorney under section 6045(f), even if the attorney is a
corporation) and reportable on Form 1099-MISC are not exempt from backup
subject to backup withholding on all such payments until you
withholding: medical and health care payments, attorneys’ fees; and payments provide your TIN to the requester.
for services paid by a Federal executive agency. Note: Writing “Applied For” means that you have already
applied for a TIN or that you intend to apply for one soon.
Caution: A disregarded domestic entity that has a foreign
owner must use the appropriate Form W-8.
Form W-9 (Rev. 1-2003) Page 4
Part II. Certification What Name and Number To Give the
To establish to the withholding agent that you are a U.S. Requester
person, or resident alien, sign Form W-9. You may be
For this type of account: Give name and SSN of:
requested to sign by the withholding agent even if items 1, 3,
and 5 below indicate otherwise. 1. Individual The individual
For a joint account, only the person whose TIN is shown in 2. Two or more individuals (joint The actual owner of the account
Part I should sign (when required). Exempt recipients, see account) or, if combined funds, the first
Exempt from backup withholding on page 2. individual on the account 1
Signature requirements. Complete the certification as 3. Custodian account of a minor The minor 2
indicated in 1 through 5 below. (Uniform Gift to Minors Act)
1
4. a. The usual revocable The grantor-trustee
1. Interest, dividend, and barter exchange accounts savings trust (grantor is
opened before 1984 and broker accounts considered also trustee)
active during 1983. You must give your correct TIN, but you b. So-called trust account The actual owner 1
do not have to sign the certification. that is not a legal or valid
2. Interest, dividend, broker, and barter exchange trust under state law
accounts opened after 1983 and broker accounts 5. Sole proprietorship or The owner 3

considered inactive during 1983. You must sign the single-owner LLC
certification or backup withholding will apply. If you are For this type of account: Give name and EIN of:
subject to backup withholding and you are merely providing
3
your correct TIN to the requester, you must cross out item 2 6. Sole proprietorship or The owner
in the certification before signing the form. single-owner LLC
4
3. Real estate transactions. You must sign the 7. A valid trust, estate, or Legal entity
certification. You may cross out item 2 of the certification. pension trust
4. Other payments. You must give your correct TIN, but 8. Corporate or LLC electing The corporation
you do not have to sign the certification unless you have corporate status on Form
been notified that you have previously given an incorrect TIN. 8832
“Other payments” include payments made in the course of
the requester’s trade or business for rents, royalties, goods 9. Association, club, religious, The organization
(other than bills for merchandise), medical and health care charitable, educational, or
services (including payments to corporations), payments to a other tax-exempt organization
nonemployee for services, payments to certain fishing boat
10. Partnership or multi-member The partnership
crew members and fishermen, and gross proceeds paid to LLC
attorneys (including payments to corporations).
5. Mortgage interest paid by you, acquisition or 11. A broker or registered The broker or nominee
abandonment of secured property, cancellation of debt, nominee
qualified tuition program payments (under section 529), 12. Account with the Department The public entity
IRA or Archer MSA contributions or distributions, and of Agriculture in the name of
pension distributions. You must give your correct TIN, but a public entity (such as a
you do not have to sign the certification. state or local government,
school district, or prison) that
receives agricultural program
payments
1
List first and circle the name of the person whose number you furnish. If only
one person on a joint account has an SSN, that person’s number must be
furnished.
2
Circle the minor’s name and furnish the minor’s SSN.
3
You must show your individual name, but you may also enter your
business or “DBA” name. You may use either your SSN or EIN (if you have
one).
4
List first and circle the name of the legal trust, estate, or pension trust. (Do
not furnish the TIN of the personal representative or trustee unless the legal
entity itself is not designated in the account title.)
Note: If no name is circled when more than one name is
listed, the number will be considered to be that of the first
name listed.

Privacy Act Notice


Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons who must file information returns
with the IRS to report interest, dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or
abandonment of secured property, cancellation of debt, or contributions you made to an IRA or Archer MSA. The IRS uses the
numbers for identification purposes and to help verify the accuracy of your tax return. The IRS may also provide this information
to the Department of Justice for civil and criminal litigation, and to cities, states, and the District of Columbia to carry out their
tax laws. We may also disclose this information to other countries under a tax treaty, or to Federal and state agencies to enforce
Federal nontax criminal laws and to combat terrorism.
You must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 30% of taxable
interest, dividend, and certain other payments to a payee who does not give a TIN to a payer. Certain penalties may also apply.

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