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Performance Contract
Artist Name: Legal name of artist.
Venue Name: Legal name of venue owner or contracting manager.
VENUE NAME:
________________________________________________________________
ARTIST NAME:
________________________________________________________________
VENUE PHONE: ARTIST PHONE:
________________________________________________________________
VENUE E-MAIL: ARTIST E-MAIL:
________________________________________________________________
VENUE ADDRESS: ARTIST ADDRESS:
________________________________________________________________
VENUE WEB SITE: ARTIST WEB SITE:
________________________________________________________________
AGREEMENT as of____________, 2006, between (Artist Name) and (Venue Name), (hereinafter referred to as the "Venue"), and (Artist Name), with respect to the performance of certain artistic material (hereinafter referred to as the "Work").
Whereas, (Artist Name) is a performance artist of good standing; Whereas, Client wishes (Artist Name) to perform certain Work described more fully herein; and Whereas, (Artist Name) wishes to perform such Work; Now, therefore, in consideration of the foregoing premises and the mutual covenants hereinafter set forth and other valuable considerations, the parties hereto agree as follows:
(Artist Name) agrees to perform the Work in accordance with the following specifications:
Performance Description: (include name of end venue if any and WorkWork name/P.O. number)
________________________________________________________________
Media in which the Work will appear: (e.g. television, magazine, internet site, multimedia disk,venue)
________________________________________________________________
Quantity of Time:
________________________________________________________________
Venue-supplied Materials: (microphones, p.a., mixer, disk jockey, etc)
________________________________________________________________
Other Services:
________________________________________________________________
Other Specifications:
________________________________________________________________
ASSIGNMENT OF WORK: (Artist Name) reserves the right to assign other artists or subcontractors to the Work to ensure quality and on-time completion.
PERFORMANCE DATES:(Artist Name) agrees to deliver performance on ____________, 2006 which is ___ days after the signing of the Agreement, or if the Venue is to provide reference, layouts, or specifications, ___ days after the artist has provided same. Finished Work shall be delivered on ____________, 2006, ___ days after the approval of performance by the venue.
(Artist Name) will make every effort to meet agreed upon due dates. The venue should be aware that failure to submit required information or materials may cause subsequent delays in the production. Venue delays could result in significant delays in delivery of finished work.
GRANT OF RIGHTS: Upon receipt of full payment, (Artist Name) grants to the Client the following rights in the finished Work:
For use as
________________________________________________________________
For the product or publication named
________________________________________________________________
In the following territory
________________________________________________________________
For the following time period
________________________________________________________________
Other limitations
________________________________________________________________
With respect to the usage shown above, the Artist shall have ___ non-exclusive rights ___ exclusive rights.
RESERVATION OF RIGHTS: All rights not expressly granted hereunder are reserved to (Artist Name), including but not limited to all rights in performances.
ADDITIONAL USAGE: If Venue wishes to make any additional uses of the work, Venue agrees to seek permission from (Artist Name) and make such payments as are agreed to between the parties at that time.
PERMISSIONS AND RELEASES: The Venue agrees to indemnify and hold harmless (Artist Name) against any and all claims, costs, and expenses, including attorney¹s fees, due to materials included in the Work at the request of the Venue.
PAYMENT: Payment shall be advanced to (Artist Name) in phases as follows. At the time of signing this Agreement, Venue shall pay $_____, which is one third of the total fee. Before performance, Venue shall pay $_____, the remainder or the total fee. Late fees past thirty days will be charged at 1.5% per month. Or the right to pull out of this contract by (Artist Name).
FEES: Changes in venue input or direction or excessive changes will be charged at $___/hour.
ADDITIONAL SERVICES: Any work which the venue wishes (Artist Name) to perform which is not specified in the DESCRIPTION Section of this agreement will be considered an additional service. Such Work shall require a separate Agreement and payment separate from and above that specified in this Agreement.
CANCELLATION: In the event that Work is postponed or cancelled at the request of the venue, (Artist Name) shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within thirty days of the venue's notification to stop work. In the event of cancellation, the venue shall also pay any expenses incurred by (Artist Name) and (Artist Name) shall own all rights to the Work. The venue shall assume responsibility for all collection of legal fees necessitated by default in payment.
REVISIONS: (Artist Name) shall be given the first opportunity to make revisions requested by the venue. If the revisions are not due to any fault on the part of (Artist Name), such work shall be billed at the hourly rate listed above.
EXPENSES: Venue agrees to reimburse (Artist Name) for any of the following expenses necessary in completion of the Work: (specify).
COPYRIGHT NOTICE: Copyright notice in (Artist Name)'s name shall be published with the Work if published.
AUTHORSHIP CREDIT: Authorship credit in the name of (Artist Name) shall accompany the Work if it is reproduced. If the finished Work is used as a contribution to a magazine or for a book, authorship credit shall be given unless specified to the contrary in the preceding sentence.
OWNERSHIP AND RETURN OF WORK: The ownership of original artwork, including lyrics and any other materials performed in the process of making the finished Work, shall remain with (Artist Name). The parties agree that the value of the original, finished Work is $_____.
CODE OF FAIR PRACTICE: The Venue and (Artist Name) agree to comply with the provisions of the Code of Fair Practice, a copy of which may be obtained from the Joint Ethics Committee, P.O. Box 179, Grand Central Station, New York, New York, 10017.
ARBITRATION: Any disputes in excess of $1,000 (or the maximum limit for small claims court) arising out of this Agreement shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed upon Arbitrator pursuant to the rules of the the American Arbitration Association. The Arbitrator's award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Venue shall pay all arbitration and court costs, reasonable attorney's fees and legal interest on any award or judgment in favor of (Artist Name).
The undersigned agrees to the terms of this agreement on behalf of his or her organization or business. Responsibility will be accepted for digital or photocopied signatures.
On behalf of the Venue:
__________________________ Date ________________
On behalf of (Artist Name):
__________________________ Date ________________
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