Performance Engagement Contract

7/24/2019 Performance Engagement Contract

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PERFORMANCE ENGAGEMENT AGREEMENT

Date: October 1st

, 2015

THIS CONTRACT for the personal services of the entertainer(s) on the engagementdescribed below is made between the undersigned Promoter of Entertainment (herein

called "Promoter") and the ArtistsRepresentative (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 19

th

, 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.


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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 1stto

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, attorneysfees

and legal expenses incurred by the Artist in collecting the amount owed, whether or not suit is

commenced. Said costs, expenses and attorneysfees 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 fol lowing 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.


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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.

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 Artists representatives, crew, guests, their baggage and equipment for the

duration of the engagement.

6. All artwork and/or use of the Artists 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 3rdparties. So if a cabdriver gets the Artist into an accident, the

Promoter can be held responsible


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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, drivingpermits 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 Artistsresponsibility 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.


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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.

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

The Promoter will want the indemnity to be mutual.

Documents

Performance Engagement Contract