c
This Agreement is entered into this ____day of _____________, 20__, between _____________________ (PROMOTER) and _______________________ d/b/a _______________ (OWNER). , PROMOTER is experienced in the production, promotion, advertisement and presentation of events for nightclubs in _________, Florida; and , OWNER is the owner of _________ nightclubs (VENUE); and , OWNER desires to use PROMOTER¶s services at the VENUE under the conditions recited herein; and , PROMOTER desires to provide his services to OWNER, under the conditions recited herein.
in consideration of the mutual covenants herein and other good and valuable consideration, the receipt of which is acknowledged, it is agreed as follows: 1.? º This agreement shall commence on __________ _____, 20____ and continue until terminated pursuant to the provisions of ths Agreement, contained herein. 2.? PROMOTER shall have the exclusive right to produce, present and promote all events at VENUE on the following nights (EVENT NIGHT): a.?
For purposes of this Agreement, ³night´ refers to the day of the week VENUE opens for business. 3.? Notwithstanding the provisions of Paragraph 2, PROMOTER shall not have any rights to a designated EVENT NIGHT if it coincides with any of the following holiday¶s and dates without the express written authorization of OWNER. a.? 4.? c º The PROMOTER shall be responsible for all duties and responsibilities required to produce, promote, advertise and present the designated EVENT NIGHTs, that are not the duty of OWNER. 5.?
º OWNER shall be required to provide to PROMOTER on EVENT NIGHTs:
a.? b.? c.? d.?
Use of VENUE equipped as of the date of execution of this Agreement. Security inside VENUE. Fully stocked bar and associated food component. Bar Staff, Janitorial Staff, and Wait Staff.
6.? c c PROMOTER shall be paid ____% of the NET SALES of the VENUE on the EVENT NIGHT. NET SALES shall be computed by gross sales (excluding door charges) less the following expenses: a.? b.? c.? d.? e.? f.? g.? h.?
Promotion staff and hosts. Marketing materials. Marketing Materials, Flyers, handbills, etc. and their cost of distribution. Tips Taxes 15% of ordinary charge for liquor provided by PROMOTER as complimentary. Entertainment costs Fines imposed by any government entity arising out of PROMOTER¶s performance or responsibility.
7.? c PROMOTER shall produce Net Sales, as defined in Paragraph 6, as specified in Attachment A, attached hereto. 8.? This Agreement shall continue in full force and effect unless one of the following events occurs: a.? VENUE is closed or sold. b.? PROMOTER fails to meet its PERFORMANCE QUOTAS more than _____ times in any _____day period. In which event, OWNER may terminate this agreement upon ten (10) days written notice. c.? Either party may unilaterally terminate this agreement upon thirty (30) days written notice. 9.?
c PROMOTER is an independent contractor of OWNER.
10.? c During the term of this Agreement and for a period of one year after termination, PROMOTER shall not directly or indirectly provide services similar to those provided under this agreement at any nightclub in __________, Florida.
11.? All notices required under this Agreement shall be by United States Postal Service, Certified Mail, Return Receipt Requested as follows: V V
12.? º This Agreement shall be governed and construed in accordance with the laws of the State of Florida. Venue for any litigation shall be in a court of appropriate jurisdiction in ________ County, Florida. 13.? In connection with any claim, legal action, dispute or arbitration arising out of this Agreement, the prevailing party shall be entitled to all costs incurred, including reasonable attorney¶s fees, appellate attorney¶s fees and all costs of investigation. 14.? The waiver by any party hereto of a breach or violation of provisions of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or violation. 15.? If any provision of this Agreement is held to be invalid, illegal or unenforceable, such provision shall be fully severable, and this Agreement shall be construed as if any such provision had never been a part of this Agreement and the remaining provisions shall be given full force and effect. 16.?c c º The paragraph headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 17.? All prior negotiations of the parties relating to the subject matter hereof have merged in and are superseded by this instrument which contains the entire agreement of the parties. 18.? º All amendments of this agreement not in writing, signed by both parties shall be void and of no effect in law or equity. the parties have set their hands and seals on the date above written.
