MUSIC PERFORMANCE AGREEMENT
THIS MUSIC PERFORMANCE AGREEMENT (hereinafter “the Agreement”) is made and
entered into this day of ………… XXX, Two Thousand and Twenty-Three (2023).
BETWEEN;
1. XXX, President/ Founder of The Original 35th Annual
Taking it to the Streets (hereinafter “the Client”) of the first part;
AND
2. XXX, Singer/Songwriter within the state of XXX, XX
(hereinafter “the Performer”) of the second part.
WHEREAS;
1. The Performer carries out the business of music performance;
2. The Client is desirous of sourcing the music performance services of the
Performer (hereinafter “the services”);
3. The Performer has agreed to render the music performance services in
accordance with the terms and conditions set out in this Agreement.
IT IS HEREBY AGREED AS FOLLOWS:
1. Operative
1.1. The Client hereby appoints the Performer to render the services for a
period of 30 minutes at an event which shall be convened by the client at the
Dr. Martin Luther King park located on the East side of Fillmore Avenue and
Best Street, Buffalo, New York City, USA at the event dates/time set out in
appendix 1.
1.2. The Performer hereby agrees and covenants to provide a competent
artist, to perform the services at the aforesaid venue and time.
1.3. It is expected and understood that in performing the services under this
agreement, the Client and the Performer will exercise the highest possible
degree of skill.
2. Consideration/payment
2.1. In consideration of the Client undertaking the services set out in this
Agreement, the Client shall pay the Performer a sum of $1795.46.
2.2. Upon execution of this Agreement, the Client shall pay a 50% deposit of
the consideration, being a sum of $897.73.
2.3. Upon execution of this Agreement, the Client shall pay the balance of
$718.27 promptly before the Performer goes on stage for its Performance. The
Client will pay to the Performer any outstanding balance of the Fee in cash,
money order, certified check, or online payment.
3. The Client’s covenants
The Client hereby covenant with the Performer they shall undertake the services set
out under Clause 1 above by:
a) Providing the requisite Sound System;
b) Providing competent and phenomenal musical band for the agreed event;
c) To perform the obligations under this agreement, in all respects, in good faith.
d) Taking such further steps which may be reasonably necessary.
4. The Performer’s covenants
The Performer hereby covenants to:
e) The Performer agrees that the Fee is inclusive of all expenses, meals,
accommodation at the Holiday Inn Express Suites Buffalo Downtown, traveling
expenses to and from the Venue and covers any costs incurred by the
Performer whatsoever, except as expressly provided in this Agreement.
5. Non-performance by the Client
Those obligations of the Client required to be met prior to the Performance are
conditions precedent which must be satisfied in full by the Client before the
Performer is required to perform unless otherwise agreed to by all parties in
writing. If the Client cancels or postpones the Performance, or any show
compromising the Performance, without proper notice or fails to make any
payment or fails to perform any other condition precedent as required by this
Agreement then the Client will be in breach of this Agreement and the Performer
will have no further obligations under this Agreement.
6. Merchandising
The Performer may offer CDs, tapes and other such items and products for sale at the
Performance. The Client will provide a suitable area with reasonable visibility and
accessibility to facilitate merchandising.
7. Security
The Client will take reasonable precautions for the safety of the Performer and the
Performer’s equipment during all aspects of the Performance and at all times while
the Performer and the Performer’s equipment is on the Venue premises.
8. Indemnification
The Performer is responsible only for its own conduct. The Performer will be
compensated by the Client for any and all damage done to the Performer’s
equipment by the Client, its agents or guests. The Client indemnifies and holds
the Performer harmless for any and all property damage or personal injury that
results from or is related to the Performance that is not directly caused by the
Performer.
The Client warrants and represents that it has, or will obtain, sufficient personal
injury and property damage liability insurance with respect to the activities of the
Client, its employees, agents or guests in relation to the Performance.
9. Exclusivity
The Performer will perform exclusively for the Client throughout the actual period
of services of this Agreement unless otherwise provided by the Client in writing.
The Performer at the time of signing this Agreement will not be under any
contract to a third party that might preclude the Performer from fulfilling the
requirements of this Agreement.
10. Force Majeure
Neither the Performer nor the Client will be held liable for any failure to perform its
obligations under this agreement where such breach is due to any of the following
proven detention: inclement weather, epidemic, interruption or delay of
transportation service, acts of God, or any other legitimate cause beyond the
reasonable control of the Performer and the Client. If the Performer is unable to
perform, the Client will take reasonable measures to provide a suitable alternative.
11. Default and remedies
If either party defaults in performance its obligations under this agreement, the other
party shall have all remedies available at law or in equity. The prevailing party in any
litigation, arbitration or mediation of a default shall be entitled to recovery of its
attorney’s fees and costs from the non – prevailing party.
12. Dispute resolution
All disputes or differences which shall at any time arise between the parties
concerning any matter in relation to this Agreement shall be resolved amicably
through conciliation, negotiation or Arbitration.
13. Governing law
This Agreement shall be construed and enforced in accordance with the laws of the
state of New York. The Client and the Performer each submit to the jurisdiction of
the courts of the State of New York for the enforcement of this Agreement or any
arbitration award or decision arising from this Agreement
14. Entire Agreement/amendments
This contract represents the complete agreement between the parties. As such, any
changes or modifications to the contract can only be made by a mutual agreement of
the parties in writing.
IN WITNESS whereof the parties hereto have executed this Agreement the day and
year herein above written.
SIGNED by the parties: )
……………………………. ) _________________
(XXX- CLIENT) )
)
)
AND )
………………………………..
(XXX- PERFORMER) ) _________________
)
)
)
WITNESSED BY: – ) ___________________
NAME: )
)
)
ADDRESS: )
APPENDIX 1: SCHEDULE OF EVENTS
Day 1: XXXX
Arrival at XXXX
Service: XXXX
Day 2: XXXX
Set-Up time:
Performance: XXX
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