VIEWS: 587 PAGES: 7 CATEGORY: Business Services POSTED ON: 12/5/2011
This is an agreement between a contractor and a recording artist for sound and lighting services provided at a particular concert. This agreement states that the contractor will provide all sound and lighting requirements set forth under “Exhibit A” of this contract. In addition, this agreement provides for the date of the concert as well as the fee charged. This agreement can be used by individuals or entities that want to enter into an agreement for sound and lighting services that are provided at a specific concert.
This is an agreement between a contractor and a recording artist for sound and lighting services provided at a particular concert. This agreement states that the contractor will provide all sound and lighting requirements set forth under “Exhibit A” of this contract. In addition, this agreement provides for the date of the concert as well as the fee charged. This agreement can be used by individuals or entities that want to enter into an agreement for sound and lighting services that are provided at a specific concert. SOUND AND LIGHTING PRODUCTION SERVICES AGREEMENT THIS SOUND AND LIGHTING PRODUCTION SERVICES AGREEMENT (the “Agreement”), made as of ___________ [Instruction: Insert Date], by and between ___________ [Instruction: Insert Name of Contractor], ___________ [Instruction: Insert Address] (the “Contractor”) and ___________ [Instruction: Insert Name of Artist], ___________ [Instruction: Insert Address] (the “Artist”). WHEREAS, Artist desires to engage Contractor to provide certain sound and lighting equipment and production services in connection with a certain musical concert of Artist; and WHEREAS, Contractor desires to provide the aforementioned sound and lighting equipment and production services for said musical concert, NOW, THEREFORE, in consideration of the promises and other good and valuable consideration set forth, the parties agree as follows: 1. Engagement. Contractor agrees to provide the sound and lighting equipment set forth in Exhibit “A”, attached hereto and incorporated herein (the “Equipment”), and design, install, operate and maintain the sound and lighting system at the Concert (as such term is defined in paragraph 2 of this Agreement). In connection with the foregoing, A. Contractor shall keep and maintain all Equipment in good working order during the Concert and shall be solely responsible, at Contractor’s own expense, for maintenance of the Equipment; B. Contractor shall be solely responsible for any and all monies due to lighting and sound personnel hired by Contractor for services rendered hereunder, and all other costs required to be paid or incurred by said personnel (including, without limitation, all personal expenses and medical expenses), and Contractor shall indemnify and hold Artist harmless from any and all liability in connection therewith; and C. In the event of any failure of any Equipment to be furnished by Contractor hereunder Contractor shall use Contractor’s best efforts to provide substitutes for such Equipment at no additional charge. 2. The Concert. The Contractor shall have the Equipment set-up and ready to operated at the “Concert”, as such term is defined in this paragraph: A. Concert Address: ___________ [Instruction: Insert Venue Name], ___________ [Instruction: Insert Address] B. Concert Date: ___________ [Instruction: Insert Date] C. Load In: ___________ [Instruction: Insert Time] D. Sound Check: ___________ [Instruction: Insert Time] E. Showtime: ___________ [Instruction: Insert Time] F. Load Out: The Contractor shall operate and leave the equipment set up until: fifteen (15) minutes following the end of the Concert, after which time the Contractor shall remove all Equipment and personnel from the venue 3. Fee. In consideration of Contractor’s Contractor's full and faithful performance of all of Contractor's obligations as set forth in this Agreement, Artist shall pay to Contractor _______________ Dollars ($____) [Instruction: Insert Amount], one-half (1/2) due upon execution of this Agreement, the remainder due promptly following Artist’s performance of the Concert. All payments shall be paid by certified check, money order, bank draft or cash. All payments shall be made in full without any deductions whatsoever. There will be no overtime or other payments payable to Contractor hereunder, except as such payments as are expressly set forth herein. 4. Insurance. Throughout the duration of this Agreement, Contractor shall obtain and maintain, at its sole expense: A. a policy of insurance, with a property damage limit of not less than Five Hundred Thousand Dollars ($500,000.00), and a personal injury limit of not less than One Million Dollars ($1,000,000.00). Said policy shall name Artist as an additional insured. Upon request Contractor shall furnish a copy of said liability insurance policy to Artist; B. an "all-risks" equipment insurance policy up to a limit of Five Hundred Thousand Dollars ($500,000.00). Upon request, a copy of said "all-risks" equipment insurance policy shall be furnished to Artist; and C. a workers' compensation insurance policy for Contractor’s personnel. Upon request, Contractor shall provide Artist with a written certificate of said policy. 5. Independent Contractor. Contractor agrees that although Contractor’s personnel shall at all times be completely within Contractor’s control, it is the intention of the parties that Artist shall be in sole control of the Concert and that Contractor's personnel shall adhere to the reasonable direction of Artist or its designee. Contractor agrees that it shall be acting as an independent contractor in providing sound and lighting services pursuant to this Agreement. Contractor shall comply with all applicable laws, rules and regulations of any union, guild or other collective bargaining entity properly having jurisdiction hereof. 6. Reservation of Rights. Contractor acknowledges and agrees that it has no claim whatsoever to use or exploit Artist's performance or the results or proceeds or any derivative thereof, whether by or through theatrical, television or radio broadcast transmission, videotape, film or any other medium now known or hereafter devised. Contractor acknowledges and agrees that the compensation referred to herein shall constitute the sole consideration for the services rendered hereunder 7. Representations, Warranties, and Indemnification. A. Contractor makes no representations or warranties, express or implied, except as expressly contained herein, as to the equipment's merchantability or fitness for a particular purpose; except that the sound and lighting system will operate as specified herein, will be maintained in good working order throughout the Concert, and that Contractor will fully and faithfully perform its obligations undertaken pursuant to this agreement. B. Contractor and Artist agree to indemnify and hold one another harmless for any and all liability and damages (including, without limitation, reasonable attorneys' fees) the other party hereto may suffer as a result of any and all claims, damages, costs or judgments for personal injury, property losses or property damages incurred or suffered by or threatened against the other party in connection with any claim brought by or on behalf of any third party, person, firm or corporation (including either Artist's or Contractor's employees) as a result of or in connection with the Concert or the services rendered herein, when such claim results from the breach or alleged breach of the indemnifying party's warranties, representations or agreements herein or the negligence of such party. 8. Force Majeure. Contractor and Artist agree that in the event of an act of God, riot, strike, disability, sickness, insurrection, war, natural catastrophe, or the exercise of authority of either the federal or state government or any political subdivision thereof, or any event beyond the reasonable control, including, but not limited to, vehicular mechanical failures or accidents that are not under either party's reasonable control that renders either party's performance hereunder impossible, or that renders either party unable to fully perform as required herein, then said party shall be relieved of its obligations under this Agreement and shall not be liable for any loss, cost or expense resulting from such failure to perform. 9. Miscellaneous. A. In the event that any provision or part of this Agreement shall be deemed void or invalid by a court of competent jurisdiction, the remaining provisions or parts shall be and remain in full force and effect. B. This Agreement is not assignable or transferable by either party, in whole or in part, without the prior written consent of the non-assigning party. C. This Agreement constitutes the entire agreement between the parties hereto with respect to the specific subject matter hereof and supersedes all prior agreements or understandings of any kind with respect to the specific subject matter hereof. D. Any modification to this Agreement must be in writing and signed by the parties or it shall have no effect and shall be void. E. This Agreement shall be governed in accordance with the laws of the State of _____________, [Instruction: Insert State], applicable to agreements to be wholly performed therein, with jurisdiction exclusive to the Federal and State courts located in the County of _____________ [Instruction: Insert County], State of ______________ [Instruction: Insert State]. IN WITNESS WHEREOF the parties have duly executed this Agreement as of the date first written above. CONTRACTOR: ________________________________ [Instruction: sign] By: ___________________________ [Instruction: Insert Name of Signatory] Title: ___________________________ [Instruction: Insert Title of Signatory] ARTIST: ________________________________ [Instruction: sign] By: ___________________________ [Instruction: Insert Name of Signatory] Title: ___________________________ [Instruction: Insert Title of Signatory] Exhibit “A” Equipment ___________ [Instruction: Insert Equipment]
"Sound and Lighting Production Services Agreement"