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Terms

PERFORMANCE AGREEMENT

This contract (the "Agreement") made and entered into this _____ day of _____________, _____ (the "Execution Date"),

BETWEEN:

 

(the "Purchaser")

OF THE FIRST PART

- and -

DJ Smokey Rose

(the "Performer")

OF THE SECOND PART

BACKGROUND:

A. The Performer is a professional entertainer known as DJ Smokey Rose; and

B. The Purchaser wishes to engage the Performer and is willing to undertake to do so, subject to the terms and conditions as follows:

IN CONSIDERATION OF and as a condition of the Purchaser hiring the Performer and other valuable consideration, the receipt and sufficiency of which consideration is acknowledged here, the parties to this Agreement agree as follows:

Business Address of the Performer

1.      The Performer will be represented by a business manager (the "Business Manager"). Any payments by check or money order should be made out to the Business Manager. The Performer's business address is as follows:

Business Manager: Jennifer Rosenberg

Address: 2 Bayside Village Place, # 204 San Francisco, CA 94111

Telephone: 406-396-7160

E-mail: jennifer@djsmokeyrose.com

 

Business Address of the Purchaser

  1.      The Purchaser's business address is as follows:

Address: ____________________________________

Telephone: ___________________

Fax: ___________________

E-mail:

Venue

3.      The place of performance (the "Venue") is located at:

Name: ____________________________________

Address: ____________________________________

Telephone: ___________________

 

Performance

4.      The entertainment to be provided by the Performer is generally described as . (the "Performance").

 

Date and Time of Performance

5.      The date of the Performance is 08/13/2011. The Venue will be available for set-up and sound check on 08/13/2011 at 2 hrs before start time. The Performer will play 1 set on this date as follows:

 Set 

 Start Time 

 Ending Time 

 Set 1 

  

  

 

Payment

6.      In full consideration for all services rendered by the Performer at the Performance, the Purchaser agrees to pay the Performer a fixed fee in US Dollars (the "Fee").

 

Deposit

7.      NA

 

Overtime Rate

8.      If and when agreeable to the Purchaser and the Performer, the time of the Performance may be extended at the Performers standard hourly overtime rate in US Dollars, to be paid prior to the overtime period.

 

Performer Expenses

9.      The Purchaser will provide at its sole cost and expense free meals for each day of the Performance. The Purchaser will provide at its sole cost and expense 2 complementary tickets to the Performer for the Performance.

 

Payment of Balance

10.    Promptly after the last set on the final date of the Performance, the Purchaser will pay to the Performer any outstanding balance of the Fee in cash, money order, or certified check.

 

Cancellation

11.    The Performer reserves the right to cancel this Agreement without obligation upon notice to the Purchaser prior to thirty (30) days before event. In the event the Performer cancels the Performance under the terms of this section, the Deposit will be returned to the Purchaser promptly.

12.    The Purchaser reserves the right to cancel this Agreement without obligation upon notice to the Performer prior to thirty (30) days before event. In the event of said cancellation, the Deposit will be returned promptly. Cancellation by the Purchaser for any reason later than thirty (30) days before event will result in forfeit of the Deposit. Cancellation by the Purchaser later than fifteen (15) days before event will require payment of the balance owing to the Performer.

 

Non-performance by the Purchaser

13.    Those obligations of the Purchaser that are to be performed prior to the Performance of the Performer are conditions precedent which must be performed in full by the Purchaser before the Performer is required to perform unless otherwise agreed to by all parties in writing. If the Purchaser cancels or postpones any performance without proper notice or fails to make any payment or fails to perform any other condition precedent as required by this Agreement then the Purchaser will be in breach of this Agreement and the Performer will have no further obligations under this Agreement. The Purchaser will forfeit any Deposit already paid to the Performer.

 

Sound and Lighting Systems

14.    The Performer will use the sound and light systems provided by the Purchaser. The minimum required equipment is outlined in the DJ Ryder enclosed in (“Appendix 1”). The Purchaser will provide and compensate personnel to operate as lighting technician and sound engineer. The Performer will designate a representative who will have sole authority in mixing and controlling all sound equipment during the Performance and during each rehearsal. Notwithstanding the above, the adjustment of the volume and sound level of any equipment will be at the sole discretion of the Purchaser. Purchaser may rent a sound system from the Performer for an additional fee as discussed in paragraph 28 of this agreement.

 

Security Deposit

15.    The Performer will not be required to post a bond or security deposit against any or all possible damage related to or arising from the Performance.

 

Force Majeure

16.    Neither the Performer nor the Purchaser will be held liable for any failure to perform its obligations under this Agreement where such breach is due to any of the following: labor difficulties or strike, epidemic, interruption or delay of transportation service, acts of God, or any other legitimate cause beyond the reasonable control of the Performer and the Purchaser. Where acts or regulations of public authorities or inclement weather are concerned the Purchasers obligations to compensate the Performer shall remain due as agreed.

 

Sickness and Accidents

17.    The Performer agrees to meet its obligations under this Agreement subject to legitimate incapacity by sickness or accident. Failure to meet its obligations under this section will result in the Performer returning any and all outstanding deposits to the Purchaser.

 

No Recording of the Performance

18.    Recording or transmitting of the Performance by anyone through any means whatsoever will not be allowed under this Agreement unless express written consent is provided to Purchaser by the Performer. It is the responsibility of the Purchaser to enforce this provision.

 

Exclusivity

19.    The Performer will perform exclusively for the Purchaser throughout the actual period of services of this Agreement unless otherwise provided by the Purchaser in writing. The Performer at the time of signing this Agreement will not be under any contract to a third party that might preclude the Performer from fulfilling the requirements of this Agreement.

 

Indemnification

20.    The Performer is responsible only for its own conduct. The Performer will be compensated by the Purchaser for any and all damage done to the Performer's equipment by the Purchaser, its agents or guests. The Purchaser indemnifies and holds the Performer harmless for any and all property damage or personal injury that results from or is related to the Performance that is not directly caused by the Performer.

 

Permits

21.    The Purchaser warrants and represents that it has obtained any and all permits, approvals, licenses and variances necessary for the Performance.

 

Pyrotechnics

22.    No pyrotechnic devices will be allowed during the Performance. Violation of this provision will result in immediate cancellation of the Performance and this Agreement.

 

Security

23.    The Purchaser will take reasonable precautions for the safety of the Performer and the Performer's equipment during all aspects of the Performance and at all times while the Performer and the Performer's equipment is on the Venue premises. The Purchaser is also responsible to ensure that only the Performer and its designated technicians and representatives are allowed on stage or in the backstage area.

 

Picket Lines

24.    The Performer will not be required to cross a picket line established by a labor organization at the Venue nor will the Performer be disciplined, or this Agreement be considered or deemed breached by the Performer, by reason of the Performer's refusal to cross such picket line.

 

Governing Law

25.    The Purchaser and the Performer submit to the jurisdiction of the courts of the State of California for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the State of California.

 

Covenant of Good Faith and Fair Dealing

26.    The Purchaser and the Performer agree to perform their obligations under this Agreement, in all respects, in good faith.

 

Additional Terms

27.    Fixed Fee Amount: The amount specified assumes a performance schedule up to four (4) hours. This is the required minimum number of hours.

28.    Sound System Rental: For an additional hourly fee the Performer shall provide a sound system that will be setup, maintained, managed and operated exclusively by the Performer for the Performers performance. No third parties shall be allowed to use this equipment. The sound system shall include the following: Amplifier, Speakers & Microphone.

29.    Rain or Shine: It is understood that this is a "Rain or Shine" event, Performers services compensation shall in no way be affected by inclement weather. For outdoor performances, Purchaser shall provide overhead shelter for setup area. The Performer reserves the right, in good faith, to stop or cancel the performance should the weather pose a potential danger to Performer, the equipment, or audience. Every effort will be made to continue the performance. However, safety is paramount in all decisions. The Performers compensation will not be affected by such cancellation.

30.    Performance workspace: Purchaser shall provide Performer with safe and appropriate working conditions. This includes a 6-foot by 8-foot area for setup and performance.

31.    Special Requests by Purchaser:

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

 

Miscellaneous Terms

32.    Time is of the essence in this Agreement.

33.    This Agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.

34.    No part of the Performance may consist of acts in violation of any local laws, codes, statutes, ordinances, regulations, rules or any other requirements including building and fire regulations. The Performance will not contain any lewd or indecent acts, images or language. If the Performer violates this section, the Purchaser may immediately cancel the Performance and this Agreement.

35.    The Performer's representative warrants that by signing this Agreement it has the authority to bind the Performer to the terms and conditions of this Agreement.

36.    Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.

37.    If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.

38.    This Agreement contains the entire agreement between the parties and cannot be changed except by written instrument subsequently executed by the parties to this Agreement. All negotiations and understandings have been included in this Agreement. Statements or representations which may have been made to the Purchaser by the Performer or to the Performer by the Purchaser, in the negotiation stages of this Agreement may in some way be inconsistent with this final written contract. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.

39.    This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Performer's successors, assigns, executors, administrators, beneficiaries, and representatives, and the Purchaser's successors and assigns.

40.    The Performer specifically warrants and represents that all copyrighted material to be performed has been licensed or authorized by the copyright owners or their representatives. The Performer indemnifies the Purchaser for any copyright infringement and any expenses that may result from such copyright infringement during or as the result of the Performance.

41.    The Purchaser will be responsible for providing suitable power and electricity for the Performance. Purchaser will provide a minimum of one (15-20-amp circuit) outlet from a reliable power source within fifteen (15) feet of the set-up area. This circuit must be free of all other connected loads. Any interference, delay in the performance or damage to Performers equipment due to improper power is the responsibility of the Purchaser to remedy.

42.    It is the intent of the parties to this Agreement that the Performer is an independent contractor and will control the manner and means of the Performance. The Purchaser will control the scheduling of the Performance. The Performer is not an employee of the Purchaser. The exclusive nature of this Agreement is limited to the duration of the Performance and it is expected that the Performer will enter other similar agreements with other purchasers.

43.    Any notices or delivery required here will be deemed completed when hand-delivered, delivered by agent, or seven (7) days after being placed in the post, postage prepaid, to the parties at the respective addresses contained in this Agreement or as the parties may later designate in writing.

IN WITNESS WHEREOF the Performer and the Purchaser have duly affixed their signatures under hand and seal on this _____ day of _____________, _____.

 

 

per: _____________________(SEAL)

 

 

_____________________

Jennifer Rosenberg

Business Manager of DJ Smokey Rose

 

Appendix 1

 

SMOKEY ROSE DJ TECH RYDER

Contact Jennifer Rosenberg

jennifer@djsmokeyrose.com

406.396.7160 (cell)

 

0.Two (2) Technics 1200 Turntables (Must have tested full stereo signal from each turntable)

   OR (if turntables are absolutely not available...) 2 Pioneer C-DJ 1000 or 800 series CDJs

1. One (1) DJ Mixer (Pioneer DJM series, Allen & Heath Xone series, or Rane TTM Series)

2. One (1) Table for DJ equipment or DJ Booth (approximately 6 to 8 feet in length)

3. One (1) DJ Microphone

4. One (1) to Two (2) DJ Monitors

5. Bottled Water

* DJ Smokey Rose will be using the Serato Scratch DJ setup and will need access to the mixer inputs and turntable/CDJ outputs if there is not already a Serato Scratch setup available.