THIS CONTRACT is made this day of ___________________, 2004, by and between Tory Barnett, Hereinafter called the Artist and _____________________, Hereinafter called the Purchaser. This Contract for Artists personal services on this engagement described below shall consist of all provisions in this Contract, and any attachments. This Contract shall be executed by Purchaser and returned by ____________________,2004.
If Artist has not received the Contract as described above at least two (2) weeks prior to engagement, the Artist shall at anytime thereafter have the option to terminate the agreement.
1. Purchasers Contact Information
Contact Name ___________________________________________________________
Company Name __________________________________________________________
City_____________________________ State________________ Zip Code___________
Daytime Phone ________________ Night Phone _______________ Fax _____________
E-mail Address __________________________ Cell Phone/Pager __________________
2. Place of Engagement
Venue Name _____________________________________________________________
City, State, Zip ___________________________________________________________
(Map or Directions from Nearest Highway Exit to be furnished by Purchaser)
Phone _______________________________ Fax ____________________________________
Box Office Phone _____________________ Backstage Phone ___________________________
3. The Performance Date, Times, Length, Load In and Sound Check:
Performance Date(s) __________________________ Time (s)___________________AM/PM
Number of Sets/Shows ___________ Length ____________ Break or Intermission Length __________
Load In Time _____________________ Sound Check Time __________________________
Sound Check times of additional acts (if any) _______________________________________
4. Type of Engagement: ______________________________________________
4.1 Show Type: Solo ______ Duo ______ Band ______
Any additional musicians or crew provided by the Artist are contract employees of the Artist. The Artist retains the right to hire/fire musicians and crew at her sole discretion without penalty.
5. Compensation to be paid
5.1 Fee Guarantee $ ______________________________________________________
5.2 Percentage of Gross ___________/ Net ________________of Door ____________
5.3 Additional Compensations:
5.3a Transportation: ____________________________________________________
5.3b Lodging: _________________________________________________________
5.3c Meals Provided or buy Out:______________________________________
5.4 Total Guarantee: ___________________________________________________
5.5 Deposit Amount (50% of fee guarantee) _______________________
5.6 Balance of Guarantee ______________________
5.7 Ticket Prices: $____________________________________________________
5.8 Additional Acts on the Bill: __________________________________________
5.9 Set Length ____________________ Start Time _____________________
5.10 Additional Fee if Artist is required to provide P.A.: ___________________________
6. Technical Requirements:
Purchaser shall provide appropriate sound and light equipment suitable for the engagement. Purchaser shall provide an equipment list to Artist no less than _____week(s) prior to the engagement. (If you choose to have the artist provide a sound system, this option incurs additional fees.)
Should Purchaser have cause to cancel this arrangement, notice must be given to Artist in writing no less than thirty (30) days prior to the engagement. Any notice given less than thirty (30) days will require full payment by Purchaser to the Artist as described in Contract paragraph 5.4 unless Artist agrees to waive any part of that payment or allow Purchaser and Artist to reschedule for another time.
8. Force Majeure:
This agreement by both parties to perform their obligations herein is subject to proven detention by serious illness, accidents, or accidents to means of transportation, labor disputes or walkouts, acts of God, or any act of public authority, material breach of Contract by Purchaser, or any other condition beyond either parties control. Neither party shall be liable to fulfill the remainder of the Contract not perform or present any make up date unless expressly agreed to by both parties for a convenient future time.
Purchaser shall indemnify and hold artist, and their crew safe and harmless from any loss, damage, personal injury or expense incurred or suffered by or threatened against as a result of any claim for personal injury or property damage by or on behalf of any third party, person, firm or corporation as a result or in connection with the engagement, which claim does not directly result from artists active negligence. This provision may never be waived.
10. Disputes: If the Purchaser breaches this agreement, he shall pay ten percent (10%) annual interest on the principal amount of the damage caused by such breach, from the date of the breach to the date any arbitration award hereunder shall become final and binding. If court action is needed to obtain compliance by the Purchaser with any arbitrators award hereunder, the Purchaser shall pay, in addition to the principal amount of damages, interest of said principal amount from the date of the arbitrators award to the date of judgment at same interest rate annually, plus reasonable attorneys fees.
11. Status: It is agreed that Artist signs this agreement as an independent contractor and not as an employee.
In Witness whereof, the parties have executed this Contract on the respective dates shown by their signatures.
Purchaser/Organizations Name Authorized Signature Date
Artist/Artists Representative Authorized Signature Date