PERFORMANCE ENGAGEMENT AGREEMENT Date: October 1st, 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-
‐
Date: December 19th, 2015 4:30 pm and 8:00 pm (two shows) * Hours of Engagement: 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 than October 10th, 2015 to purchase air tickets to and from Hong Kong. And the Balance of $17,500.-
‐
is due on December 1st, 2015.
The venue would probably want to clarify that each show of will be 100 minutes.
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 1
st
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 Artist
’
s 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. Promoter shall provide and pay for First Class Sound and Lights, First Class Backline, and Any and All Rider Equipment. Artists shall arrive in Hong Kong, no later than December 18th 2015.
(Detailed Travel itinerary will be available on a later date)
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. 5. It is agreed and understood that the Promoter shall be responsible for the safety and security of the Artist and the Artist
’
s representatives, crew, guests, their baggage and equipment for the duration of the engagement. 6. All artwork and/or use of the Artist
’
s name/likeness is to be approved by the Artist.
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.
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.
The venue will insist that the Promoter is not responsible for the actions or omissions of 3
rd
parties. So if a cabdriver gets the Artist into an accident, the Promoter can be held responsible