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Appearance Agreement
THIS AGREEMENT is entered into this__________ day of ____________________, 200_____by the Performer (also referred to as “P”) and Buyer identified below (collectively, the “Parties”).IN CONSIDERATION of the mutual promises set forth herein, and for other good and valuable consideration, thereceipt of which is hereby acknowledged, the Buyer hereby engages the Performer to provide a Performance uponthe following terms:
Performer Information:
1)
Name:
___________________________________________________________________________.2)
Members of Performance Group:
_______________________________________________________  ___________________________________________________________________________.3)
Performer’s Contact:
 _________________________________________________________________  ___________________________________________________________________________.4)
Number of Performers:
 __________.5)
Buyer Name and Address:
_____________________________________________________________  ___________________________________________________________________________.6)
Place of Performance:
 ________________________________________________________________  ___________________________________________________________________________.7)
Date of Performance:
_________________________________________________________________  ___________________________________________________________________________.8)
Time of Performance:
__________.9)
Performance Content:
Performer and all of the above-identified members shall provide a Performance of the type generally designated as _________________________ at the date, time and place listed above.The Performance shall last at least __________ hour(s), including set breaks listed below.10)
Permits:
Buyer warrants and represents that it has obtained all approvals, permits, licenses and/or variances necessary for the Performance.11)
Breaks:
Performer shall have __________ breaks, averaging____________________each.12)
Performance Fee:
Buyer shall pay Performer a Performance Fee of $____________________ as follows:· Upon execution of this Agreement, Buyer shall pay to Performer a Deposit of $____________________.· Upon arrival to the Performance, Buyer shall pay the Performer the Balance of $____________________.· Payment shall be in the form of _______________ and be paid to ______________________________.13)
Promotion:
Buyer shall be responsible for promotion of the Performance. Performer shall provide Buyer with a press kit and camera-ready copies of his promotional materials.14)
Sound and Set-Up:
At least __________ hour(s) prior to the Time of Performance, the Buyer shall providePerformer and/or designated representative(s) sufficient access to the Place of Performance for set-up andsound check. Performer shall designate an individual to oversee sound modifications when available beforeand during the Performance. If Performer does not have his own sound technician on hand, the Buyer willhire a technician to work with and carry out all of the Performer’s requests. Any power outages are the soleresponsibility of the Buyer and does not affect nor alter the Performance fee agreement.
 
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15)
Security:
Buyer shall take reasonable precautions for the safety of Performer and Performer’s equipmentbefore, during, and after the Performance.16)
Termination:
Either Party may refuse or terminate the Performance due to violation of any law or regulationby the other Party, or any situation that the Party reasonably believes may be hazardous to any person or property.17)
Insurance:
Buyer warrants and represents that it has, or shall obtain, sufficient personal injury and propertydamage liability insurance with respect to the activities of Performer at the Place of Performance.18)
Accommodations -
Buyer shall provide Performer with:· Reasonable amounts of free bottled water, energy drinks, and soda during the Performance.· __________ Tickets to the Performance.· __________ Free meals on the Date of the Performance.· Lodging: _____________________________________________________________________________  ___________________________________________________________________________.· Transportation: ________________________________________________________________________  ___________________________________________________________________________.19)
Cancellation -
If Buyer provides written notice of cancellation of this Agreement to the Performer, contact atthe address listed above, by the following dates, the Parties shall promptly take the following actions:
Date Buyer provides written notice of cancellation. Action required
· At least__________ days before the Date of Performance.“P” promptly returns the entirety of the Deposit toBuyer.· Less than__________ days, but still before the Date of Performance.“P” retains the Deposit and is not further obligated toBuyer.· The Date of Performance.Buyer promptly pays “P” full balance of PerformanceFee.The obligation of the Parties shall be excused by detention of key personnel by sickness, accident, riot, strike,epidemic, act of God, force majeure, or any other legitimate condition beyond the control of the obliged Party. If suchcircumstances arise in the case of Performer, Performer shall, at its discretion, obtain replacement personnel or shallrefund the Deposit to the Buyer. If such circumstances arise in the case of Buyer, Buyer shall, at its discretion, obtaina reasonably similar replacement venue available on the Date of Performance or shall comply with the notice of cancellation provisions described herein. Neither Party shall be liable for indirect, special, or consequential damagesarising from any breach of this Agreement.20)
Flight Arrangements:
Buyer shall provide Performer with round trip_______________ airfare to the areaof Performance. All flight departure time(s) will be at the discretion of the Performer as long as it does notconflict with the arrival time forset-up and Performance.21)
Merchandise:
Performer shall, at its option, sell albums and other promotional material on the premisesduring the Performance, retaining all proceeds associated therewith.22)
General:
This Agreement will be governed by, and construed in accordance with the laws of the State of New York without giving effect to the principles or its conflict of law provisions. The Parties to this Agreementagree and consent to the jurisdiction of and venue in the state or federal courts of New York State, in alldisputes arising out of or relating to this Agreement. In the event that any provision of this Agreement isdeclared invalid or void by statute or judicial decision, such action shall not invalidate the entire Agreement.It is the express intention of the Parties that all other provisions not declared invalid or void shall remain infull force and effect. The failure by either Party to act with respect to a breach by the other shall notconstitute a waiver of the right to act with respect to subsequent or similar breaches. This Agreementconstitutes the entire Agreement between the Parties.
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