You are on page 1of 5

PERFORMANCE ENGAGEMENT AGREEMENT

st
Date: October 1 , 2015
THIS CONTRACT for the personal services of the entertainer(s) on the engagement
described below is made between the undersigned Promoter of Entertainment (herein
called "Promoter") and the Artists Representative (herein called Agent), designated
below.

Promoter:

________, Hong Kong

Agent :

_____ , NY, NY USA

The Artist is engaged in accordance with the terms and conditions on the face hereof. The Artist,
by its undersigned leader, represents that the Artist has agreed to be bound by said terms and
conditions. Each member of the Artist may enforce this agreement.
1. Artists, Place and Dates of Engagement:
[Name of Artist]
Place: TBD-
th
Date: December 19 , 2015 4:30 pm and 8:00 pm (two shows)
* Hours of Engagement: 100 minutes.
The venue would probably want to clarify that each show of will be 100 minutes.

2. Compensation and Payment terms: The total compensation for services of the Artist
and flight travel expenses for the above is USD$35,000 (this is the net amount, free of taxes)

The initial deposit of US $17,500 is due upon signing the contract (non-refundable), No later
th
than October 10 , 2015 to purchase air tickets to and from Hong Kong.
And the Balance of $17,500.- is due on December 1st, 2015.

The Promoter will insist that the second payment will be contingent upon the Artist
actually showing up and playing the gigs. So they will insist on changing December 1st to
December 19th and specify that the second payment will be paid upon completion of the
second show.

Payment must be made in cash or certified funds. If payment is not made as provided herein,
Promoter is responsible for all costs and expenses, including, but not limited to, attorneys fees
and legal expenses incurred by the Artist in collecting the amount owed, whether or not suit is
commenced. Said costs, expenses and attorneys fees shall also include without limitation any
such costs, expenses and fees in any proceeding under any present or future bankruptcy act or
state receivership.

The Promoter would probably request an additional provision along the following lines:
If, for any reason, Artists cannot or does not perform due to no fault of Promoter,
Artists shall refund the initial payment to Promoter no later than December 20, 2015.

DIRECT DEPOSIT BANK WIRE Instruction.

Please wire transfer the Deposits to the following account.

Account Name: ______


Bank Name: ______
Account Number: ________

3. Additional Terms and Conditions:

Promoter Agrees to Pay and Artists Rep. Agrees to ACCEPT the Guarantees set forth in this
contract, plus, Artists Rep. also agrees to pay AIRFARES for all its members and crews of the
ARTISTS.

The Promoter will want to clarify the exact additional amount that they will have to pay for the
Artists band and they will want to know exactly what crew are coming and the reason for them
coming at all.

Promoter agrees to provide First Class HOTEL accommodations, plus INTERNAL Ground.
Hotel requirement details will be provided later.
The contract should make clear that this is for two nights. That clarification would be
for the benefit of both parties as it would avoid misunderstanding and a possible dispute.

Promoter shall provide and pay for First Class Sound and Lights, First Class Backline, and Any
and All Rider Equipment.
th
Artists shall arrive in Hong Kong, no later than December 18
will be available on a later date)

2015. (Detailed Travel itinerary

4. Cancellation: Except as provided herein, this agreement may not be canceled for any reason or
at any time by Promoter. Payment is due according to the payment schedule set forth above even
if the event for which the Artist was retained is canceled for any reason. Promoter understands
that this is a personal services contract and the Artist will not be offering its services to anyone
else for the hours on the date of the engagement set forth above in reliance on this agreement to
perform for the Promoter.
The venue will insist that the Artist cannot cancel the performance, and that if the
Artist fails to perform for any reason, she will not be paid the second payment.

5. It is agreed and understood that the Promoter shall be responsible for the safety and security of
the Artist and the Artists representatives, crew, guests, their baggage and equipment for the
duration of the engagement.
The venue will insist that the Promoter is not responsible for the actions or
omissions of 3rd parties. So if a cabdriver gets the Artist into an accident, the
Promoter can be held responsible

6. All artwork and/or use of the Artists name/likeness is to be approved by the Artist.

The Promoter may want to insert a clause that if they provide artwork for the Artists
approval and he does not notify them of disapproval within a certain number of days,
approval may be assumed.

7. It is agreed and understood that this contract is only binding for a live performance. The
ARTIST reserves the right for their merchandise and any other rights outside the field of live
entertainment including without limitation any so-called audio records (in whatsoever formats)
and/or audio visual devices (in whatsoever formats) embodying the Artists performance whether
in whole and/or in part.
8. It is agreed and understood that the Promoter shall provide and pay for all catering
requirements for the band and crew. Artist/Artists Tour Manager will advise Promoter of these
requirements.
9. The Promoter agrees to provide, pay and be responsible for all visas, work permits, driving
permits and other documentation, including payment of visa consulate fees that are necessary for
the Artist to undertake the engagements herein. Any payments due are to be paid directly to the
Artist or as advised by the Artists Tour Manager. Once all the documents are prepared by the
Promoter. It is Artists responsibility to apply and obtain the visa stamps at the consulate in their
own country of domicile.

10. Relationship: The Artist is retained by Promoter only for the purposes and to the extent set
forth in this agreement, and Artists relationship to the Promoter during the period of their
engagement shall be that of independent contractors and not that of Employees of Promoter for
any purpose whatsoever.
11. Jurisdiction: In accordance with the laws of the State of New York, the parties will submit
every claim dispute, controversy or difference involving the entertainment services arising out of
or connected with this contract and the engagement covered hereby for a determination and said
determination shall be conclusive, final and binding upon the parties. In connection with the
foregoing, the parties do hereby consent to the jurisdiction of the courts of the County of
Manhattan, State of New York, USA.
In this case, the Promoter is in Hong Kong, and will probably argue that the
jurisdiction and governing law should be changed to Hong Kong as they are
putting up the money for the Artist.

12. Recording: No performance or engagement shall be recorded, reproduced or transmitted from


the place of performance in any manner or by any means whatsoever, in the absence of a specific
written agreement with the Artist relating to and permitting such recording, reproduction or
transmission.

13. Force Majeure: If a performance is prevented, rendered impossible or infeasible, by sickness,


inability to perform, any act or regulation of any public authority or bureau, civil tumult, strike,
epidemic, interruption in or delay of transportation services, weather, war conditions or
emergencies, or any cause beyond the control of Artist, it is understood and agreed that there
shall be no claim for damages by either party to this Agreement and Artists obligation as to such
performance shall be deemed waived. Provided, however, if such inability is caused or
contributed to by Promoter, Promoters obligation to make payment as provided in paragraph 6
above shall not be waived and Promoter shall be liable for the amount due and owing Artist.

14. Indemnity: Promoter agrees to indemnify, defend and hold Artist harmless from and against
any and all claims, costs or liability for damage, injury to any person or property during Artists
engagement, including time of set up and take down.
The Promoter will want the indemnity to be mutual.

WHERE AS, the AGENT, in signing this contract himself, or having same signed by a
representative, acknowledges full authority and responsibility to do so and thereby assumes
liability for the amount stated herein. and NO deposits will be returned.
WHERE AS, the Promoter shall conduct all its official communication to the Artist through the
AGENT.
AS WITNESSED HEREOF THE PARTIES HERETO HAVE HEREUNTO SET THEIR
HANDS THE DAY AND YEAR FIRST ABOVE WRITTEN.

PROMOTER: ______
___________________
Authorized signatory

AGENT ______
____________________
Authorized signatory

You might also like