This Music Performance Contract (the "Contract") is entered into on (the "Effective Date") by and between
, an individual having their usual place of living at (the "Musician"), and
, an individual having their usual place of living at (the "Client"), collectively referred to as the "Parties" and individually as the "Party".
WHEREAS the Musician is a professional with expertise in music services;
WHEREAS the Client seeks the Musician's music performance services for the event described herein;
WHEREAS the Parties agree to enter into this Contract to outline the terms and conditions for the Musician's services and the Client's compensation for the services rendered;
WHEREAS the Parties acknowledge that they have the legal capacity to enter into this Contract and that they have read and fully understood its terms;
NOW, THEREFORE, in consideration of the mutual promises and obligations set forth herein and for other good and valuable consideration, the Parties have agreed as follows:
SUBJECT OF THE CONTRACTThe Musician agrees to provide music performance services (the "Services") for the Client with a crew of persons (the "Crew") as follows:
Description of the Services: The Musician shall provide (the "Performance") in the frame of (the "Event").
The Performance shall last (the "Performance Time") and shall take place on (the "Event Date").
The Performance shall include sets.
Quality of the sound equipment: The Musician shall provide all the needed sound equipment, including microphones, speakers, amplifiers, and , to ensure quality sound. The sound equipment must be appropriate for the size, conditions, and anticipated number of guests at the Performance location.
Rider: The Client acknowledges receiving and reviewing the attached Musician's rider, which outlines additional terms, conditions, and requirements specific to the Musician's needs and preferences. The Client also agrees to fully comply with and fulfill the provisions set forth in the rider.
Both Parties acknowledge that any changes or modifications to the above requirements must be made in writing and approved by both Parties.
The Client agrees to pay the Musician a fixed amount of (the "Compensation") for the provided Services. The Compensation shall be paid in two parts according to the following conditions:
This Contract shall commence on the Effective Date and shall continue until unless terminated earlier under the terms of this Contract.
Either Party may terminate this Contract at any time by providing the other Party with written notice, but not later than days before the Event Date.
In addition, either Party may terminate this Contract immediately upon written notice to the other Party if the other Party becomes insolvent or files for bankruptcy.
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Upon termination of this Contract, the Client shall pay the Musician for all Services satisfactorily completed by the Musician through the date of termination.
The following refund policy shall apply if the Client cancels the Services before the Event Date:
The Prepayment shall be returned to the Client if the Musician voluntarily cancels the Services unless the cancellation results from force majeure events or a breach of this Contract by the Client.
In the event of any cancellation, the Musician shall promptly inform the Client in writing and provide a valid reason for the cancellation.
The Musician acts as an independent contractor while providing the Services and does not have any authority to bind or oblige the Client. This Contract does not create an employment, agency, partnership, or joint venture relationship between the Parties.
INTELLECTUAL PROPERTYThe Parties have agreed to regulate intellectual property rights used during the performance of the Services according to the following rules:
The Musician agrees to indemnify and hold harmless the Client against any claims, demands, suits, actions, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, resulting from or related to the Musician's performance under this Contract. However, if it is found that both the Musician and the Client share fault or negligence in causing the claim, the Musician's indemnification obligation shall be reduced based on the percentage of fault attributed to the Client.
Any notice, request, or demand required to be given under this Contract shall be in written form. It shall be deemed duly given if delivered personally or sent by registered mail, return receipt requested, postage prepaid, or reputable overnight delivery service to the address set forth below. An electronic copy may also be delivered to the email address set forth below.
If to the Musician:
Attn.
, ,
If to the Client:
Attn.
, ,
Either Party may change the registered mail or email address for receipt of notices by giving written notice to the other Party.
Notices shall be deemed received on the day of delivery if delivered by hand or courier service, or on the third business day after the date of posting if sent by registered mail or email.
The Parties agree to keep all confidential information disclosed during this Contract and not to share such information with any third party unless required by law. To fulfill the Parties' obligations under this Contract, they agree not to use the confidential information for any purpose unrelated to this Contract.
This confidentiality clause shall remain in effect after the termination or expiration of this Contract.
Neither Party shall be liable for any failure to perform or delay in performing the obligations under this Contract if such a failure or delay is caused by events of force majeure, such as acts of God, war, terrorism, strikes, lockouts, labor disputes, pandemics, governmental regulations, or any other similar causes beyond the reasonable control of the affected Party.
In the case of force majeure, the affected Party shall immediately notify the other Party in writing and provide reasonable proof of the cause of the delay or inability to perform the obligations. The Party affected by force majeure shall endeavor to mitigate the consequences of such circumstances and resume the performance of its obligations as soon as possible after the circumstances cease to exist.
If the force majeure circumstances last more than days, either Party may terminate this Contract by giving written notice to the other Party. In this case, neither Party shall be liable to the other Party for any damages arising from the termination of this Contract.
The invalidity or unenforceability of any provision of this Contract shall not affect its validity or enforceability.
WAIVERThe failure of any Party to enforce a particular provision of this Contract shall not waive their right to enforce it in the future.
ENTIRE AGREEMENTThis Contract is the complete agreement between the Parties and supersedes any prior or current agreements, understandings, negotiations, or discussions, whether oral or written, relating to the subject matter of this Contract. Any amendments or modifications to this Contract must be in writing and signed by both Parties. This Contract does not establish a partnership or joint venture between the Parties, and neither Party has the authority to bind the other.
BINDING EFFECTThis Contract shall be binding for the Parties and their respective successors and assigns. Neither Party may assign this Contract or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent shall not be unreasonably withheld.
Any Annexes to this Contract are integral parts of this Contract. In the event of any inconsistencies between the provisions of the main body of this Contract and its Annexes, the provisions of the main body of this Contract shall prevail.
IN WITNESS WHEREOF, the Parties have executed this Contract as of the Effective Date.
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THE MUSICIAN |
THE CLIENT |
, ,
__________________ (Place for signature)
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, ,
_________________ (Place for signature)
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RIDER
The following additional requirements are necessary for the Performance:
