Professional Documents
Culture Documents
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:
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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Date: ______________________________.
Date: ______________________________.
Page Four
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.
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
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.