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Performance Contract

 

Sugar Calzone is happy to perform for your patients, guests and customers.

Her fee is $105 per hour. A non-refundable $75 deposit is required to reserve the date and time.

This is the contract you will sign after you secure your performance date. 

1.BACKGROUND:

The Performer is a professional entertainer known as Sugar Calzone.
The Client wishes to engage the performer subject to the terms and conditions that follow:

IN CONSIDERATION of and as a condition of the Client hiring the Performer and other valuable consideration, the receipt and sufficiency of which consideration is acknowledged here, the parties to this Agreement agree as follows:

  1. Any payments by money order should be made out to TINA L. VANOCHTEN.
    The Performer’s phone number is: 734.224.4399
    The Performer’s email address is: mibrownsugarbabies@gmail.com

  2. The place of performance (the VENUE) is located at:

Name of Venue:_____________________________________
Address of Venue:____________________________________

Phone Number: (please provide the name and phone number of a person who will be there on the day of the performance):____________________

  1. PERFORMANCE

The entertainment provided by the Performer is generally described as musical performance.

  1. DATE AND TIME OF PERFORMANCE

The Performance will consist of one show on the date and between the times indicated in the table below. The Venue will be available for set up and sound check at the date and time also indicated in the table.



  1. PAYMENT

In full consideration for all services rendered by the Performer at the Performance, the Client agrees to pay the Performer a fixed fee of $______________USD. (“The Fee”).

  1. DEPOSIT

The Client will agree to pay the Performer $75 USD as a Deposit (“The Deposit”) to reserve the Date and Time of the Performance. THE DEPOSIT IS NON-REFUNDABLE.

  1. PERFORMER EXPENSES

The Performer agrees that the Fee is inclusive of all expenses, accommodations, holiday entitlements, traveling expenses to and from the Venue, and covers any costs incurred by the Performer whatsoever, except as expressly provided in this Agreement.

  1. PAYMENT OF BALANCE

Promptly after the Performance, the Client will pay the Performer the outstanding balance of  $_________ USD in cash, money order, certified check or online payment.

  1. CANCELLATION

The Performer reserves the right to cancel this Agreement without obligation prior to the Performance. This is the only condition under which the Deposit is refundable. If the Performer cancels this agreement, the Deposit will be refunded via certified check or money order with seven days of the cancellation. If the Deposit is mailed, it will be done so with a tracking number, which will be provided to the Venue.

The Client reserves the right to cancel this agreement without obligation upon written notice within 72 hours of the Performance. If the Client cancels this agreement within 72 hours of the scheduled Performance, The Client is responsible for the balance of the Fee for that performance.

  1. NON-PERFORMANCE OF THE CLIENT

Those obligations of the Client required to be met prior to the Performance are conditions precedent which must be satisfied in full by the Client before the Performer is required to perform unless otherwise agreed to by all Parties in writing. If the Client cancels or postpones the Performance, or any show comprising the Performer, without proper notice, or fails to make any payment or fails to perform any other condition precedent as required by this Agreement then the Client will be in breach of this Agreement and the Performer will have no further obligations under this Agreement.

  1. SECURITY DEPOSIT

The Performer will not be required to post a security deposit against any or all possible damage related to or arising from the Performance.

  1. FORCE MAJEURE

Neither the Performer nor the Client will be held liable for any failure to perform its obligations under the Agreement where such breach is due to any of the following: acts or regulations of public authorities, labor difficulties or strikes, inclement weather, epidemic, interruption or delay of transportation services, acts of God, or any other legitimate cause beyond the reasonable control of the Performer and the Client.

  1. SICKNESS AND ACCIDENTS

The Performer agrees to meet its obligations under this Agreement subject to legitimate incapacity by sickness or accident. Failure to meet its obligations under this section will result in the Performer returning any and all outstanding deposits to the Client.

  1. RECORDING OF THE PERFORMANCE

Recording or transmitting the Performance is permitted and encouraged.

  1. EXCLUSIVITY

The Performer will perform exclusively for The Client throughout the actual period of services of this Agreement unless otherwise provided by the Client in writing. The Performer at the time of signing this Agreement will not be under any contract to a third party that might preclude the Performer from fulfilling the requirements of the Agreement.

  1. INDEMNIFICATION

The Performer is responsible for only its own conduct. The Performer will be compensated by the Client for any and all damages done to the Performer’s equipment by the Client, its agents and its guests. The Client indemnifies and holds the Performer harmless for any and all property damage or personal injury from or is related to the Performance that is not directly caused by the Performer.

  1. PERMITS

The Client warrants and represents that it has obtained any and all permits, approvals, licenses and variances necessary for Performance.

  1. SECURITY

The Client will 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 on the premises of the Venue. Reasonable precautions can include, but are not limited to, escorting the Performer to the Performer’s vehicle in case of late evening performances.

  1. PICKET LINES

The Performer will not be required to cross picket lines at the Venue, nor will the Performer be disciplined, or this Agreement be considered or deemed breached by the Performer, by reason of the Performer’s refusal to cross picket lines.

  1. GOVERNING LAW

This Agreement will be governed by, and construed in accordance with, the laws of the state of Michigan. The Client and the Performer each submit to the jurisdiction of the courts of the state of Michigan for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement.

  1. COVENANT OF GOOD FAITH AND FAIR DEALING 
    The Client and the Performer agree to perform their obligations under this Agreement, in all respects, in good faith.

MISCELLANEOUS TERMS

  1. Time is of the essence in this agreement.
  1. This Agreement may be executed in counterpart. Facsimile signatures are binding and are considered to be original signatures.
  1. No part of this Performance may consist of acts in violation of any local laws, codes, statutes, ordinances, regulations, rules, or any other requirements including building and fire regulations. If the Performer violates this section, the Client may immediately cancel the Performance and this Agreement.
  1. The Performer specifically warrants and represents that all music is copyrighted to the Performer. The Performer indemnifies the Client for any copyright infringement and any expenses that may result from such copyright infringement during or as a result of the Performance.
  1. The Client will be responsible for providing suitable power and electricity for the Performance.
  1. It is the intent of the parties to this Agreement that the Performer is an independent contractor and will control the manner and means of the Performance. The Client will control the scheduling of the Performance. The Performer is not an employee of the Client.  The exclusive nature of this agreement is limited to the duration of the Performance and it is expected that the Performer will enter other similar agreements with other clients.
  1. This agreement and the terms and conditions therein apply to and are binding upon the Performer’s successors, assigns, executors, administrators, beneficiaries, and representatives, and the Client’s assigns and executors.
  1. If any term, covenant, condition, or provision of this agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void it is the parties’ intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
  1. This agreement contains the entire agreement between the parties and cannot be changed except by written instrument executed by the parties of this Agreement. Only the written terms of this Agreement will bind the parties.