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 Artist’s 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 __________________________________________________________
Address_________________________________________________________________
City_____________________________ State________________ Zip Code___________
Daytime Phone ________________ Night Phone _______________ Fax _____________
E-mail Address __________________________ Cell Phone/Pager __________________
Website ________________________________________________________________
2. Place of Engagement
Venue Name _____________________________________________________________
Address_________________________________________________________________
City, State, Zip ___________________________________________________________
(Map or Directions
from Nearest Highway Exit to be furnished by Purchaser)
Phone
_______________________________ Fax
____________________________________
Box Office Phone
_____________________ Backstage Phone
___________________________
Capacity
____________________________
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.)
7. Cancellation:
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.
9. Insurance:
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 arbitrator’s award hereunder, the Purchaser shall pay, in addition to the principal amount of damages, interest of said principal amount from the date of the arbitrator’s award to the date of judgment at same interest rate annually, plus reasonable attorney’s 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/Artist’s
Representative
Authorized
Signature
Date