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THIS CONTRACT, entered into on this __th day of ________, 200_, is for
the personal services of the Musician(s) for the performance described below.
The undersigned employer and the undersigned musician(s) agree and contract as
follows:
1. NAME OF MUSICIAN(S): LIVE WIRE (The AC/DC Tribute band)
2. NUMBER OF MUSICIAN(S): 5
3. NAME AND ADDRESS OF PLACE OF PERFORMANCE___________________________________________________
4. DATE(S) OF PERFORMANCE: ____________________
5. TIME(S) OF PERFORMANCE: ____________________
6. TYPE OF PERFORMANCE: LIVE STAGE SHOW
7. PERFORMANCE DURATION: One set of approximately 90 minutes plus 2 -3 song encore.
8. WAGE AGREED UPON: ____________________ (U.S. Dollars only).
9. OTHER TERMS AND CONDITIONS: Inclusion of ALL SPECIFIED IN ATTACHED LIVE WIRE PERFORMANCE RIDER.
10. DEPOSIT: ____________________Purchaser shall pay Talent this deposit amount as a good faith nonrefundable deposit no later than one (1) week after receipt of this contract in order to secure booking engagements. Payment should be made in the form of cash in US dollars (via wire transfer), cashiers check, or money order made payable to William Voccia.
11. PAYMENT OF BALANCE TO ____________________ MADE IN U.S. CURRENCY NO LATER THAN ONE HOUR BEFORE THE PERFORMANCE. Payment form may be a certified cashiers check payable to William Voccia, or U.S. Dollars CASH only. Purchaser shall not offset any expenses or taxes of any type against the Fee. Any and all overages must be paid in the form of U.S. Dollars CASH.
12. Complimentary All area access/VIP passes for all band members and crew are to be provided by the purchaser to assure band members and staff have access to all areas before, during, and after the performance and sound check/Load in time.
13. SERVICES TO BE PROVIDED BY PURCHASER:
a) Purchaser agrees to be responsible for all advertising and promotion of
the event, including printing and distributing flyers and advertisements,
magazine and newspaper ads, and radio and TV ads. All advertising costs are full
responsibility of the purchaser.
b) Purchaser agrees to provide a venue for the Event, all necessary permits and
licenses to lawfully conduct the Event, including obtaining and paying all work
visas for Talent as necessary, and all equipment for the operation of the Event
and the performance by Talent. c)The PURCHASER/Venue will provide working
sound system/P.A. and lights for the performance, as well as qualified
sound/light engineer to operate the equipment during the performance.
d) Purchaser agrees to contact the following travel agent to make any and all
necessary arrangements for prompt payment of airline costs incurred in Talent's
transportation to and from Event: _____________________ (travel agent)
______________(phone number) for travel reservations from _________________ to
_________________ and back, to arrive on _________________ (arrival date), no
later than three (3) hours prior to Event, and to depart on _________________
(departure date) on_________________ (airline).
e) Purchaser agrees to provide Talent hotel accommodations with a checkout time
no earlier than three (3) hours before the airline departure time, consisting of
5 room(s) for a period of ____ night(s). Hotels must be national chain quality.
Preferred: 3 Smoking, 2 Non-Smoking rooms.
f) Purchaser agrees to provide transportation, car service, or shuttle for
Talent to and from airports and Event location. If Talent handles any
transportation costs, Purchaser agrees to promptly reimburse Talent for the
reasonable costs of such transportation.
g) Purchaser agrees to provide a sober, English speaking, responsible, trusted
person ("Driver"), in their employ to escort Talent to and from hotel, airport,
venue, etc. as well as to assist her in the event of problems checking in hotel,
getting in venue, boarding flight, etc.
h) Driver is required to remain "on call" by way of cellular communication
and/or pager throughout the duration of Talent's stay, be in possession of a
valid driver's license, hold current auto insurance on vehicle driven in amounts
customary and reasonable and be in possession of detailed directions both to,
from and including hotel, airport and Event location. i) PURCHASER agrees to be
responsible for harm, loss, or damage of any kind to TALENT(s) person or
property while located at the place of performance. j) PURCHASER agrees that any
recordings, either audio or video, will remain exclusive property of TALENT and
that TALENT shall retain all rights to such recordings. PURCHASER agrees that if
recordings are made, that a master copy (DVD /CD) will be provided to TALENT at
the end of the event, or no later than 30 days after the event date.
15. CANCELLATION
a) Provided TALENT is ready, willing, and able to perform, PURCHASER agrees
to compensate TALENT in accordance with the terms hereof, regardless of
inclement weather, Act of God, fire, accident, riot, strike, or any other event
similar or dissimilar to the foregoing events which would prevent or interfere
with the presentation of the performance hereunder.
b) Notice of cancellation in advance shall be deemed received only upon direct
voice contact between TALENT and PURCHASER. In the event that this is not
possible PURCHASER should notify TALENT by written communication sent via
overnight express delivery.
c) It is hereby agreed and understood that should TALENT fail to appear for
reasons such as any Act of God, civil war, natural disaster or airline or other
transportation problem over which TALENT has no control, this Agreement still
stands.
16. BILLING AND PROMOTIONS
a) TALENT shall be billed on all promotional materials as: LIVE WIRE - The World's Greatest AC/DC Tribute Band (along with logo) [name and affiliations of Talent]. The domain name WWW.ACDCTRIBUTEBAND.COM must also accompany all advertisements and promotional materials.
b) TALENT shall receive 100 percent EXCLUSIVE HEADLINE BILLING in all advertising, marquees, displays, programs, and any and all publicity. Any deviation from this billing is acceptable only with the prior written consent of LIVE WIRE. TALENT shall receive 100 percent EXCLUSIVE HEADLINE BILLING for the event. Any support acts must not interfere with TALENT'S scheduled sound check, setup, performance, or take down.
c) The production of and/or distribution of any/all promotional materials
displaying TALENTS name(s), or likeness (pictures) prior to TALENT being in
receipt of the deposit required by paragraph 3(c) is unacceptable.
d) PURCHASER agrees to provide TALENT with copies of all promotional material
involved in Event, such as fliers, posters, advertisements, photographs, video
and audio recordings, within one week of end of Event.
17. MISCELLANEOUS
a) PURCHASER indemnifies TALENT from any liability arising from actions of the
Buyer, Event Promoter, or Promoter's officers, directors, shareholders,
principals, employees or agents, or arising out of the Event itself.
b) In the event that any legal action is brought against the TALENT as a result
of the PURCHASER, Event Promoter, or Promoter's officers, directors,
shareholders, principals, employees or agents, or arising out of the Event
itself, PURCHASER agrees to bear all costs associated in the defense of itself
and TALENT in such action(s). c) This Agreement may be changed only by mutual
agreement of authorized representatives of the parties in writing.
d) This Agreement and conduct pursuant thereto shall be governed in all respects
by the laws of New York State without reference to its principles of conflict of
laws. Any disputes between the parties as to the Agreement shall be litigated
before a court in New York State and each party hereto consents and submits to
the jurisdiction of such court over such dispute.
e) If PURCHASER signs below as any entity other than himself or herself as an
individual, BUYER agrees that s/he is lawfully authorized to enter into this
Agreement on behalf of such entity and that the entity represented is in good
standing with any local, state, or Federal jurisdictions.
f) In the event that (1) TALENT is advertised for event but is not sent deposit
or (2) proper travel arrangements to secure the booking have not been made,
PURCHASER agrees that it is responsible for paying TALENT the full amount of the
deposit regardless of whether TALENT is present at event. This payment should be
sent via overnight express delivery no later than one (1) week following the
event.
g) PURCHASER is to ensure that no other person other that the TALENT
and/or Event technical staff are to enter stage, at any time, before and/or
during TALENT'S performance.
h) PURCHASER is required to fulfill all of TALENT'S reasonable requests in
regards to food and beverage needs and guest list privileges at the Event.
i) The number of persons attending Event shall not affect the said terms and
conditions contained herein.
j) Nothing contained herein shall be construed as creating any agency,
partnership or other form of joint enterprise between the parties.
k) This Agreement may not be assigned, in whole or in part, by either party
without the prior written approval of the other party to this Agreement. This
Agreement shall bind and inure to the benefit of the parties and their
respective successors and assigns.
l) This Agreement constitutes the entire agreement and understanding between the
parties with respect to the subject matter hereof. IN WITNESS WHEREOF, the
parties have executed this Agreement as of the date set forth above.
___________________________________
for Musician(s)/ TALENT
__________________________________
for Employer / PURCHASER