Performance Agreement sample
Performance Agreement An agreement for artists, performers, or athletes to perform at an event or venue, specifying performance details, fees, and obligations.
This Performance Agreement (the "Agreement") is made and entered into as of [Date], by and between Harmony Hall Event Center, a [State] [Entity type] with its principal place of business at [Address] (the "Venue"), and Sarah Mitchell, an individual residing at [Address] (the "Performer").
1.1. Engagement
The Venue hereby engages the Performer to provide a live performance (the "Performance") at the Harmony Hall Event Center located at [Address] on [Date of Performance] (the "Event Date") for the duration of [Performance Length] (the "Performance Period").
1.2. Schedule
The Performance shall commence at [Start Time] and shall conclude at [End Time], without any intermission, unless otherwise agreed in writing by the parties.
In consideration of the Performance, the Venue shall pay the Performer an all-inclusive fee of [Amount] US Dollars (USD) (the "Performance Fee").
2.2. Payment Terms
The Performance Fee shall be payable by the Venue to the Performer as follows: a non-refundable deposit of 50% of the Performance Fee shall be due and payable upon execution of this Agreement, and the remaining 50% of the Performance Fee shall be due and payable immediately following the Performance on the Event Date.
3.1. Technical Rider
The Performer shall provide the Venue with a list of technical requirements and specifications (the "Technical Rider") for the Performance, which shall be attached hereto as Exhibit A and incorporated herein by reference. The Venue agrees to provide, at its sole expense, the equipment, materials, personnel, and facilities specified in the Technical Rider.
3.2. Setup and Sound Check
The Performer shall have access to the Venue on the Event Date for the purposes of setting up equipment and conducting a sound check. The Performer shall promptly notify the Venue of the anticipated setup and sound check times, and the Venue shall use its best efforts to accommodate the Performer's schedule.
4.1. Cancellation by Performer
In the event the Performer is unable to perform or otherwise breaches this Agreement, the Performer shall provide the Venue with written notice as soon as practicable. In such event, the Venue shall be entitled to retain the non-refundable deposit set forth in Section 2.2, as liquidated damages and not as a penalty, and the parties shall have no further obligations or liabilities under this Agreement.
4.2. Cancellation by Venue
If the Venue cancels the Performance for any reason other than the Performer's breach of this Agreement, the Venue shall give written notice to the Performer as soon as practicable and shall pay the Performer the entire Performance Fee set forth in Section 2.1, as liquidated damages and not as a penalty, within fourteen (14) days of the date of cancellation.
The Performer shall comply with all applicable federal, state, and local laws, regulations, and ordinances, including but not limited to obtaining any necessary permits or licenses, in connection with the Performance.
6.1. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of [State], without regard to its conflict of laws principles.
6.2. Dispute Resolution
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in [City], [State], before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
7.1. Entire Agreement
This Agreement, including any exhibits attached hereto, constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous negotiations, representations, promises, and agreements, whether written or oral, with respect to such subject matter.
7.2. Amendment
This Agreement may be amended, modified, or supplemented only by a written instrument executed by both parties.
7.3. Assignment
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns; provided, however, that neither party may assign, delegate, or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of the other party.
7.4. Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this Performance Agreement as of the date first written above.
Performer: ___________________________________ (Sarah Mitchell)
