THIS ENTERTAINMENT AGREEMENT is made this ___________ day of
_________, 20___ by and between _______(Buyer)___________ (hereinafter referred to as the "Buyer") and the entertainer or entertainers, if more than one, listed on Addendum A attached hereto and included herein (hereinafter referred to as the "Artist"), by and through their designated agent or representative ("anager") identified below! WHEREAS, Buyer conducts the annual event "nown as __________________ (hereinafter referred to as the "#oncert")$ and WHEREAS, Buyer desires to hire Artist, as independent contractor(s), to provide the entertainment generally described below (the "%erformance") at the 20________ #oncert$ and WHEREAS, Artist(s) desire to provide such %erformance at the #oncert$ NOW, THEREFORE, the parties agree as follows& '! Entertainers: (he names and addresses of the )ntertainers who will appear during the %erformance, the amounts to be paid to each, and the )ntertainer*s social security numbers and union numbers, if any, are as set forth on Addendum A! 2! Manager: (he name and mailing address of the anager, who is e+ecuting this Agreement on behalf of Artist(s), is& ____________________________________ ____________________________________ ____________________________________ ____________________________________ ,! Place of Performance: (he place of performance is at ___________________________________________________________ -! Dates! an" Times! of Performance: (he date(s) of the %erformance shall be ________________, 20____ and the time(s) of the %erformance shall be _____________! (his %erformance shall have a duration of at least _______ hours! .! Performance: (he entertainment to be provided by )ntertainers is generally described as& ___________________________________________________________ /! Agreement to Perform: Artist(s) agree to provide the %erformance in accordance with the terms of this Agreement and any addendums or riders hereto! 0! Price of Performance: Buyer agrees to pay Artist or his agent an aggregate of ________________ 1233A45 (6 ) for the %erformance by chec" immediately following the %erformance, which chec" shall be made payable to the anager! 7pon proper endorsement of such chec" by anager, Buyer agrees to cash the chec" for the anager! (he anager shall distribute such amount to Artist(s) as agreed upon between them! 8! Recor"ing, Re#ro"$ction or Transmission of Performance: Buyer will use its best efforts to prevent the recording, reproduction or transmission of the %erformance without the written permission of Artist(s) or Artist*s representative! 9! E%c$se of O&ligations: Buyer and Artist shall be e+cused from their obligations hereunder in the event of proven sic"ness, accident, riot, stri"e, epidemic, act of :od or any other legitimate condition or occurrence beyond their respective control! '0! Ta%es: Buyer agrees to prepare and file all ta+ information re;uired of a person who hires an independent contractor and Artist(s) agree that they have sole responsibility for the payment of any federal or state ta+es arising from the monies paid by Buyer to Artist(s) for the %erformance! ''! In"emnif' for (o#'rig)t Infringement: Artist(s) represent and warrant that they are "nowledgeable about the copyright laws of the 7nited 5tates as applicable to the %erformance, and that Artist(s) shall not perform any copyrighted materials of others during %erformance without full compliance with such applicable copyright laws! <n the event that Artist(s) breach this representation, warranty and covenant, Artist(s) hereby agree to <=1)=<>? A=1 @231 @A43)55 Buyer and its employees, guests and agents from and against all liability, loss, damages, claims, and e+penses (including attorney*s fees) arising out of such breach! '2! In"e#en"ent (ontractor: Artist(s) ac"nowledge that they shall perform their obligations hereunder as an independent contractor and not as an employee of Buyer! Artist(s) further ac"nowledge that they are not on Buyer*s payroll and social security or ta+ withholding rolls! Artist(s) shall have sole control and direction in the conduct of the %erformance! ',! Merc)an"ising: Artist(s) shall not, during the 20__ #oncert sell any goods, products, merchandise or services (other than the services provided herein) on the grounds of the #oncert! '-! Promotion: Buyer shall be entitled to advertise and promote the appearance of Artist(s) at the 20__ #oncert and the %erformance! Artist(s) ac"nowledge that Buyer will rely on the terms hereof in all such promotions and advertising and in the brochures to be printed setting forth the names, dates and times of all performances to be held at the 20__ #oncert! Artist(s) hereby ac"nowledge and agree that Buyer may use their names, photographs, li"eness, facsimile signature and any other promotional materials in all of such promotions, advertising or other activities used to increase attendance at the 20___ #oncert! '.! Par*ing: Buyer shall provide par"ing space for vehicles in a location of close pro+imity to and with direct access to the bac"stage area where %erformance will ta"e place on the date(s) of %erformance! (his par"ing space will be reserved for Artist(s) for a period of four (-) hours prior to the %erformance and ending three (,) hours following the %erformance! '/! Sec$rit': Buyer shall provide security for the bac"stage and stage areas before, during and after the %erformance! Buyer shall provide security personnel to protect Artist(s) and their property as deemed appropriate by Buyer in its discretion! '0! Passes: Buyer shall provide identification passes to Artist(s) and Artists assistants for the bac"stage and stage where %erformance is to be held! '8! Stage: At its sole e+pense, Buyer shall furnish the stage, and stage lighting, sound and power for the %erformance, and Buyer shall provide all stagehands re;uired to assist the setup for and conduct of the %erformance and ta"edown after the %erformance! '9! Dressing Rooms: Buyer shall provide Artist(s) with one private dressing room, which will be clean, dry, well lit and air conditioned! 20! A$t)orit' to E%ec$te: (he anager who is e+ecuting this Agreement on behalf of Artist(s) hereby warrants and represents that he has the full power and authority to bind Artist(s) on whose behalf he is e+ecuting this Agreement and ac"nowledges that he is ma"ing this representation and warranty with the understanding that Buyer is relying thereon! IN WITNESS WHEREOF, this Agreement is e+ecuted on the date first above written! +,-ER ....................................... +': ....................................... MANAGER ..................................... +':..................................... Title: ___________________________________ ADDEND,M A /ist of Artists! =A)5 A A114)55)5 2> )=()4(A<=)45 52#<A3 5)#74<(?B7=<2= C ____________________________________ __________________________ ________________________________________ ________________________________________ ____________________________________ __________________________ ________________________________________ ________________________________________ ____________________________________ __________________________ ________________________________________ ________________________________________ ____________________________________ __________________________ ________________________________________ ________________________________________
(Onati International Series in Law and Society) Eric L. Jensen, Jorgen Jepsen - Juvenile Law Violators, Human Rights, and The Development of New Juvenile Justice Systems - Hart Publishing (2006)