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DJ PERFORMANCE CONTRACT

(NightClub)

This ‘DJ PERFORMANCE CONTRACT (NIGHTCLUB)’ (“Agreement”) is made by and entered intobetween[CLIENTNAME]located at [ADDRESS](the “Client”)and [DISC-JOCKEY NAME] (the “Disc-Jockey”), and is executed as a binding agreement as of the Effective Date (Client and Disc-Jockeyare sometimes herein referred to collectively as the “Parties” or individually as a “Party”).

BACKGROUND AND PURPOSE

WHEREAS,the Client wants to hire the services of the Disc-Jockey to perform at a certain nightclub.

NOW THEREFORE, in consideration of the mutual promises and other good and valuable consideration considered hereinafter, the receipt and sufficiency of which are acknowledged by the Parties, the Client and the Disc-Jockeyagree as follows:

ARTICLE I

1. PERFORMANCE

The entertainment to be provided by Disc-Jockey is generally described as the manipulation and playback of musical recordings on at least two turntables or digital equivalent (hereinafter referred to as the "Performance").

2. VENUE

The place of performance is located at [ADDRESS](hereinafter referred to as the "Venue").

3. DATE AND TIME OF PERFORMANCE

The date of the Performance shall be [DATE]and the time of the Performance shall be [TIME]. This Performance shall have a duration of [DURATION] (Example ONE (1) x SIXTY (60) minute set)

4. AGREEMENT TO PERFORM

Disc-Jockey agrees to provide the Performance in accordance with the terms of this Agreement and any addendums or riders hereto.

5. DISC-JOCKEY FEE

Clientagrees to pay Disc-Jockey or his agent a flat fee of [$AMOUNT]($####]) for the Performance. Disc-Jockey fee shall be paid in cash, money order or cashier's check. An initial FIFTY (50%) percent deposit is due upon execution of this contract. The remaining FIFTY (50%) percent payment must be made prior to Performance.

6. TRANSPORTATION AND HOTEL

Client shall be responsible for Disc-Jockey's transportation and hotel accommodations. Client shall also fax and/or email travel itineraries at least two weeks prior to event date.

7. RECORDING, REPRODUCTION OR TRANSMISSION OF PERFORMANCE

Client will use its best efforts to prevent the recording, reproduction or transmission of the Performance without the written permission of the Disc-Jockey.

8. EXCUSE OF OBLIGATIONS

Client and Disc-Jockey shall be excused from their obligations hereunder in the event of proven sickness, accident, riot, strike, epidemic, act of God or any other legitimate condition or occurrence beyond their respective control.

9. TAXES

Client agrees to prepare and file all tax information required of a person who hires an independent contractor and the Disc-Jockey agrees that they have sole responsibility for the payment of any federal or state taxes arising from the monies paid by Client to the Disc-Jockey for the Performance.

10. INDEPENDENT CONTRACTOR

Disc-Jockey acknowledges that they shall perform their obligations hereunder as an independent contractor and not as an employee of Client. Disc-Jockey further acknowledges that they are not on Client's payroll and social security or tax withholding rolls. Disc-Jockey shall have sole control and direction in the conduct of the Performance.

11. PROMOTION

Client shall be entitled to advertise and promote the appearance of the Disc-Jockey and the Performance. Disc-Jockey acknowledges that Client 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 event. Disc-Jockey hereby acknowledges and agrees that Client may use their name, photographs, likeness, facsimile signature and any other promotional materials in all of such promotions, advertising or other activities used to increase attendance at the Performance.

12. SECURITY

Client shall provide security for the backstage and stage areas before, during and after the Performance. Client shall provide security personnel to protect Disc-Jockey(s) and their property as deemed appropriate by Client in its discretion.

13. PASSES

Client shall provide identification passes to the Disc-Jockey for the backstage and stage where Performance is to be held.

14. STAGE

At its sole expense, Client shall furnish the stage, and stage lighting, sound and power for the Performance, and Client shall provide all stagehands required to assist the setup for and conduct of the Performance and takedown after the Performance.

ARTICLE II

15. GENERAL PROVISIONS

(a)Mediation; Arbitration - If a disagreement arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed upon mediator. Any costs and fees other than attorney fees will be shared equally by the parties. If it proves impossible to arrive at a equally acceptable resolution, parties agree to submit the dispute to binding arbitration in the same city or region, conducted on a confidential basis. The prevailing party will has the right to collect from the other party its reasonable costs and attorney fees incurred in enforcing this Agreement.

(b)Assignment - Neither this Agreement nor any services in this Agreement may be assigned by parties to the Agreement without the prior express written consent of the other.

(c)Written Notices - All notices or other communications given or made hereunder shall be in writing and shall be delivered or mailed by registered or certified mail, return receipt requested, postage prepaid, to the Parties at the addresses set forth below.

(d)No Waiver - The waiver or failure of either party to exercise in any respect any right provided in this agreement shall not be deemed a waiver of any other right or remedy to which the party may be entitled.

(e) Governing Law - This Agreement shall be construed and enforced according to the laws of the [STATE AND/OR COUNTRY] without reference to conflict of law principles, and any dispute under this Agreement must be brought in this venue and no other.

(f) Severability - If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.

(g) Headings - The headings in this Agreement are for convenience only, confirm no rights or obligations in either party, and do not alter any terms of this Agreement.

(h) Entire Agreement - The terms and conditions set forth herein constitute the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes any prior or contemporaneous understandings, communications, representations, warranties or previous agreements (whether oral or written) with respect to the subject matter of this Agreement. There are no written or oral understandings directly or indirectly related to this Agreement that are not set forth herein. No change or amendment can be made to this Agreement other than in writing and signed and executed by both Parties.

INTERNAL USE ONLY
IN WITNESS WHEREOF, the Parties hereto, declare to have fully and carefully read, understood and consent to terms of the agreement, and hereby duly execute this‘DJ PERFORMANCE CONTRACT (NIGHTCLUB)’ as of the ____day of ______, 20__ (“Effective Date”).
CLIENT / DISC-JOCKEY
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Authorized Signature
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Print Name and Title
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Date
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Address (first line)
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Address (second line)
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Address (third line) / ______
Authorized Signature
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Print Name and Title
______
Date
______
Address (first line)
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Address (second line)
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Address (third line)
DJ PERFORMANCE CONTRACT (NIGHTCLUB)

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