PERFORMANCE ENGAGEMENT AGREEMENT st Date: October 1 , 2015 THIS CONTRACT for the personal services of the entertainer(s) on the engagement described below is made between the undersigned Promoter of Entertainment (herein called "Promoter") and the Artists ’ Representative (herein called “Agent ”), designated below.
Promoter:
________, Hong Kong
Agent :
_____ , NY, NY USA
The Artist is engaged in accordance with the terms and conditions on the face hereof. The Artist, by its undersigned leader, represents that the Artist has agreed to be bound by said terms and conditions. Each member of the Artist may enforce this agreement. 1. Artists, Place and Dates of Engagement:
[Name of Artist] Place: TBD-‐ Date: December 19
th , 2015 4:30 pm and 8:00 pm (two shows)
* Hours of Engagement: 100 minutes. The venue would probably want to clarify that each show of will be 100 minutes.
2. Compensation and Payment Pa yment terms: The total compensation for services of the Artist and flight travel expenses for the above is USD$35,000 (this is the net amount, free free of taxes)
The initial deposit of US $17,500 is due upon signing the contract (non-‐refundable), No later th than October 10 , 2015 to purchase air tickets to and from Hong Kong. And the Balance of $17,500.-‐ is due on December 1st, 2015.
The Promoter will insist that the second payment will be contingent upon the Artist actually showing up and playing the gigs. So they will insist on changing December 1st to December 19th and specify that the second payment will be paid upon completion of the second show.
Payment must be made in cash or certified funds. If payment is not made as provided herein, Promoter is responsible for all costs and expenses, including, but not limited to, attorneys’ fees and legal expenses incurred by the Artist in collecting the amount owed, whether or not suit is commenced. Said costs, expenses and attorneys’ fees shall also include without limitation any such costs, expenses and fees in any proceeding under any present or future bankruptcy act or state receivership.
The Promoter would probably request an additional provision along the following lines: “
If, for any reason, Artists cannot or does not perform pe rform due to no fault of Promoter, Artists shall refund the initial payment to Promoter no later than D ecember 20, 2015.”
DIRECT DEPOSIT BANK WIRE Instruction.
Please Please wire tr ansf ansf er the Depos Deposit s to the fol lowi ng account account .
Account Name: ______ Bank Name: ______ Account Number: ________
3. Additional Terms and Conditions:
Promoter Agrees to Pay and Artists Rep. Agrees to ACCEPT the Guarantees set forth in this contract, plus, Artists Rep. also agrees to pay AIRFARES for all its members and crews of the ARTISTS.
The Promoter will want to clarify the exact additional amount that they will have to pay for the Artist’s band and they will want to know exactly what “crew” are coming and the reason for them coming at all.
Promoter agrees to provide First Class HOTEL accommodations, plus INTERNAL Ground. Hotel requirement details will be provided later. The contract should make clear that this is for two nights. That clarification would be for the benefit of both parties as it would avoid misunderstanding and a possible dispute.
Promoter shall provide and pay for First Class Sound and Lights, First Class Backline, and An y and All Rider Equipment. Artists shall arrive in Hong Kong, no later than December 18 will be available on a later date)
th
2015. (Detailed Travel itinerary
4. Cancellation: Except as provided herein, this agreement may not be canceled for any reason or at any time by Promoter. Payment is due according to the payment schedule set forth above even if the event for which the Artist was retained is canceled for any reason. Promoter P romoter understands that this is a personal services contract and the Artist will not be offering its services to anyone else for the hours on the date of the engagement set forth above in reliance on this agreement to perform for the Promoter. The venue will insist that the Artist cannot cancel the performance, and that if the Artist fails to perform for any reason, she will not be paid the second payment.
5. It is agreed and understood und erstood that the Promoter shall be responsible for the safety and security of the Artist and the Artist’s representatives, crew, guests, their baggage and equipment for the duration of the engagement. The venue will insist that the Promoter is not responsible for the actions or omissions of 3rd parties. So if a cabdriver gets the Artist into an accident, the Promoter can be held responsible
6. All artwork and/or use of the Artist’s name/likeness is to be approved by the Artist.
The Promoter may want to insert a clause that if they provide artwork for the Artist ’s approval and he does not notify them of disapproval within a certain number of days, approval may be assumed.
7. It is agreed and understood und erstood that this contract is only binding for a live performance. The ARTIST reserves the right for their merchandise and an y other rights outside the field of live entertainment including without limitation any so-‐called audio records (in whatsoever formats) and/or audio visual devices (in whatsoever formats) embodying the Artist’s performance whether in whole and/or in part. 8. It is agreed and understood und erstood that the Promoter shall provide and pa y for all catering requirements for the band and crew. Artist/Artist’s Tour Manager will advise Promoter of these requirements. 9. The Promoter agrees to provide, pay and be responsible for all visas, work permits, driving permits and other documentation, including payment of visa consulate fees that are necessary for the Artist to undertake the engagements herein. Any payments due are to be paid directly to the Artist or as advised by the Artist ’s Tour Manager. Once all the documents are prepared by the Promoter. It is Artists ’ responsibility to apply and obtain the visa stamps at the consulate in their own country of domicile.
10. Relationship: The Artist is retained by Promoter only for the purposes and to the extent set forth in this agreement, and Artist ’s relationship to the Promoter during the period of their engagement shall be that of independent inde pendent contractors and not that of o f Employees of Promoter for any purpose whatsoever. 11. Jurisdiction: In accordance with the laws of the State of New York, the parties will submit every claim dispute, controversy or difference involving the entertainment services arising out of or connected with this contract and the engagement covered hereby for a determination and said determination shall be conclusive, final and binding upon the parties. In connection with the foregoing, the parties do hereby hereb y consent to the jurisdiction of the courts of the County of Manhattan, State of New York, USA. In this case, the Promoter is in Hong Kong, and will probably argue that the jurisdiction and governing law should be changed to Hong H ong Kong as they are putting up the money for the Artist.
12. Recording: No performance or engagement shall be recorded, reproduced or transmitted from the place of performance in any manner or by any means whatsoever, in the absence of a specific written agreement with the Artist relating to and permitting such recording, rep roduction or transmission.
13. Force Majeure: If a performance p erformance is prevented, rendered impossible or infeasible, by sickness, inability to perform, any act or regulation of any public authority or bureau, civil tumult, strike, epidemic, interruption in or delay of transportation services, weather, war conditions or emergencies, or any cause beyond be yond the control of Artist, it is understood and agreed that there shall be no claim for damages by b y either party to this Agreement and Artist’s obligation as to such performance shall be deemed waived. Provided, however, if such inability is caused or contributed to by Promoter, Promoter ’s obligation to make payment as provided in paragraph 6 above shall not be waived and Promoter shall be liable for the amount due and owing Artist.
14. Indemnity: Promoter agrees to indemnify, defend and hold Artist harmless from and against any and all claims, costs or liability for damage, dama ge, injury to any person or property p roperty during Artist’s engagement, including time of set up and take down. The Promoter will want the indemnity to be mutual.
WHERE AS, the AGENT, in signing this contract himself, or having same signed by by a representative, acknowledges full authority and responsibility to do so and thereby assumes liability for the amount stated herein. and NO deposits will be returned. WHERE AS, the Promoter shall conduct all its official communication to the Artist through the AGENT. AS WITNESSED HEREOF THE PARTIES HERETO HAVE HEREUNTO SET THEIR HANDS THE DAY AND YEAR FIRST ABOVE WRITTEN.
PROMOTER: ______ ___________________ Authorized signatory
AGENT ______ ____________________ Authorized signatory
