ECHOES MUSIC DIVISION OF K & M ENTERPRISES
PERFORMANCE CONTRACT
This AGREEMENT is made effective this _____ day of ______, 2012 by and between ______located at ______(hereinafter referred to as the "Purchaser") and Echoes Music, a Division of K & M Enterprises , located at 160 Honeywell Corners Road, Broadalbin NY (hereinafter referred to as the "Talent").
WITNESSETH:
In consideration of the respective covenants contained herein, the parties hereto, intending to legally bound hereby, agree as follows:
1. Performance. The entertainment to be provided by Talent is generally described as the Live Performance of Instrumental Music and playback of musical recordings through sound equipment with occasional "DJ" narration (hereinafter referred to as the "Performance").
2. Venue. The place of Performance is: ______
located at ______(hereinafter referred to as the "Venue").
3. Date and Time of Performance. The date of the Performance shall be ______, 2012 and the time of the Performance shall be ______. This Performance shall have a duration of ______hours.
4. Agreement to Perform: Talent agrees to provide the Performance in accordance with the terms of this Agreement and any addendums or riders hereto.
5. Reservation Fee: Purchaser agrees to pay Talent a non-refundable reservation fee of $200.00 payable to K & M Enterprises. This amount shall be subtracted from the Performance Fee. The Reservation Fee must be received, on a first come – first serve basis, with a signed contract in order to secure the date of Performance.
6. Performance Fee: Purchaser agrees to pay Talent a flat fee of $______for the Performance. Performance fee shall be paid in cash, Credit Card via PayPal, Money order or cashier's check. All payments should be made payable to K & M Enterprises.
7. Overtime: If and when agreeable to the Purchaser, the Venue and the Talent, the time of the Performance may be extended at the rate of $______per hour, to be paid prior to the overtime.
8. Lighting: DJ Dance Lighting will be provided, if desired, for an additional fee of $150.00.
9. Provisions: The Purchaser ensures that: (A) The venue will be open and available to the Talent at least 2 hours prior to the scheduled Performance time for set up. (B) The Venue possesses any and all necessary music licenses and performance permits. (C) A tent or similar overhead protective covering is provided for outdoor performances to prevent damage to the Talents equipment in the event of adverse weather conditions (i.e. direct sunlight, rain, excessive winds)
10. Liability: In no event shall the Talent be held liable for any personal injury or property damage occurring at the function. The purchaser agrees to indemnify and hold the Talent harmless against any and all claims for damages. If an accident is caused by the Purchaser or guest(s) of the Purchaser that causes damage to the Talents equipment, the Purchaser will be responsible.
11. Special Request Policy. The Purchaser may submit a list of requested songs, but there is no guarantee the Talent will have the songs available. Any "must-play" music that the Talent is unable to obtain must be provided at least two weeks prior to the event by the Purchaser on CD or USB Flash Drive format ,clearly labeled. The Talent reserves the right to not include "must-play" music during the Performance if material is deemed to be inappropriate (i.e. - Music containing vulgarity or profanity)
12. Excuse of Obligations: Purchaser and Talent shall be excused from their obligations hereunder in the event of proven sickness, accident, riot, strike, epidemic, act of God or any legitimate condition or occurrence beyond their respective control.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.
AGREED TO AND ACCEPTED:
BY:
"TALENT"
K & M Enterprises
______
(an authorized signatory)
BY:
"PURCHASER"
______
(an authorized signatory)