Performance Agreement

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									This Performance Agreement is an agreement between an organization and a band for
the purposes of hiring the band to perform at a certain event. The agreement provides
for the terms and conditions of the performance including the time and location of the
performance, the payment details and contemplates the cancellation of the event. It
contains numerous standard provisions that are commonly included in these types of
agreements and may be customized to ensure that the particular needs of the parties
are addressed. This document should be used by organizations wishing to hire bands
and agents of bands when entering into booking agreements.
                       PERFORMANCE AGREEMENT

       THIS PERFORMANCE AGREEMENT (this “Agreement”) is hereby made and entered
into on this _____ day of __________, ______ by and between _____________________
(“Agency”), representing _____________________ (“Band”), and ___________________
(“Organization”).

                                         RECITALS

       WHEREAS, Agency is the legal representative of Band;

       WHEREAS, Organization is desirous to retain Band to perform at an event to be held on
or about the ____ day of __________, _____ (the “Event”); and

        WHEREAS Agency and Organization have entered into this Agreement to provide for
the terms and conditions of Band’s performance at the Event.

       NOW, THEREFORE, Agency and Organization hereby acknowledge and agree to the
following terms.

                                           TERMS

1.    Band shall perform at the Event to be held on or about the ____ day of ________, ____ at
____________________________ (place of event).

2.     Band shall perform at the Event commencing at ______ a.m./p.m. on the day of the Event
and shall perform for a period of not less than ________ (___) hours.

3.      Organization shall pay to Band the sum of _________ dollars ($_____) (the “Fee”) for
Band’s performance at the Event. Organization shall pay the Fee to Band by way of cash or
certified check upon the end of Band’s performance at the Event.

4.     Band shall be entitled to ____ (__) ________ (__) minute breaks throughout the duration
of Band’s performance at the Event.

5.    Every attempt will be made to provide a sound check for Band prior to the
commencement of Band’s performance. All sound checks shall be completed by Band and shall
be completed by ______ a.m./p.m. on the date of the Event.

6.      Band shall supply all of its own sound equipment and musical instruments for the
performance by Band and Band shall remove all such equipment and property from the Event
location by _______ a.m./p.m. on the date of the Event.

7.     Band shall not use or permit any Hazardous Material to be used, stored, generated on, or
transported to and/or from the Event location or in Band’s performance. “Hazardous Material”
shall mean, without limitation, those substances included within the definitions of “hazardous
substances,” “hazardous materials,” “toxic substances,” or “solid waste” in any applicable local,
state, or federal law.

8.      Band shall be permitted to use the dressing room facilities located on the Event premises
and such facilities shall be solely used by Band for their performance at the Event. Band shall
not use the facilities, or permit the facilities to be used by any of its members, officers, directors,
agents, employees, licensees, or invitees, for any unlawful or immoral purpose or in any manner
likely to injure persons or property in, on, or near the facilities.

9.       Band and each of its respective members shall be solely liable for any and all losses,
liabilities, claims, damages, and expenses (including reasonable costs of investigation and
attorney fees) that may occur at the Event location, before, during, or after Band’s performance.

10.    Organization shall be responsible for providing sufficient and adequate security for the
Event so as to ensure that no unauthorized persons shall have access to the stage area,
accessories, instruments, or sound equipment of Band.

11.    Organization shall be responsible for any theft or damage to equipment of Band as long
as such theft or damage occurs on the Event location premises.

12.    Band hereby acknowledges and agrees that Organization shall have the right to advertise
and promote Band for the purposes of Band’s performance at the Event.

13.    In the event of a material breach of the terms and conditions of this Agreement, the non-
breaching party may, at its option and upon written notice to the breaching party, terminate this
Agreement.

14.    In the event of a material breach of the terms and conditions of this Agreement by Band,
Band agrees to pay all documented out-of-pocket expenses incurred by Organization. Payment
must be received by Organization no later than ___ (__) days after Band receives the appropriate
documentation of expenses.

15.    Organization shall provide _____ (__) free tickets to Band for family members or friends
of Band.

16.    Organization shall have in place prior to the commencement of the Event insurance
coverage in respect of personal and property damage liability insurance and shall immediately
provide a copy of such insurance coverage to Band upon request.

17.     Organization hereby agrees that it shall indemnify and hold Band harmless from any and
all claims, liabilities, damages, and expenses arising from any action or activity of Organization
or Band during the performance of Band, save and except for claims arising from Band willful
misconduct or gross negligence.




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18.    In the event the Event is cancelled for any reason by Organization, Organization shall
reimburse any and all reasonable expenses incurred by Band for Band’s preparation for the
performance. In the event the Event is cancelled _____ (__) days prior to the commencement of
the Event, this Agreement shall be null and void.

19.    This Agreement shall be binding upon and inure to the benefit of Organization and Band
and their respective permitted successors and assigns.

20.    Organization and Band shall not assign this Agreement to any other party without the
prior written consent of the other party.

21.    Any amendments to this Agreement shall be made in writing and signed by each of
Organization and Band.

22.     At no time shall Band be considered an employee of Organization and it shall remain, at
all times, an independent contractor.

23.    The invalidity or unenforceability of any particular provision, or part of any provision, of
this Agreement shall not affect the other provisions or parts hereof, and this Agreement shall be
construed in all respects as if such invalid or unenforceable provisions or parts were omitted.

24.    The obligations, commitments, responsibilities, and liabilities of Band and each of
Band’s respective members shall be joint and several.

25.      This Agreement shall be governed by to the laws of the State of ____________.

       IN WITNESS WHEREOF Organization and Agency have executed this Agreement on
the day and year first above written.

ORGANIZATION
                                                                     _______________________________
                                                                     By:
                                                                     _______________________________
                                                                     Name:
                                                                     Title:
AGENCY
                                                                     _______________________________
                                                                     By:
                                                                     _______________________________
                                                                     Name:
                                                                     Title:




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