FLAT RATE AGREEMENT
This Agreement is made this ______day of ______, 20____
between ______(the "Comedian"), and
______(the "Club"). The parties agree as follows:
1. Employment. The Club hereby engages the Comedian to perform services as herein described. The Comedian is an independent contractor, not an employee of the Club.
2. Services. Comedian shall perform his services to the Club pursuant to the following schedule
START DATE ______
END DATE ______
NUMBER OF SHOWS ______
LENGTH OF PERFORMANCE ______
BILLING OF COMEDIAN ______
3. Compensation. Club shall pay to Comedian the sum of $______for services described herein, without reduction for any reason. Additional performances shall be at the option of Comedian, and shall be paid on no less than a pro rata per show basis.
4. Expenses. In addition to other compensation provided for herein, Club agrees to provide for Comedian's expenses to travel to and from Club in the sum of $______. Club agrees to provide Comic transportation to and from the local airport at it's sole expense. Club also agrees that it shall, at its sole expense, provide adequate, private and clean living accommodations during the term of this agreement, commencing on the morning of Comedian's first performance and ending the morning after his last performance.
5. Publicity. Comedian shall make himself available at reasonable times for television or radio appearances, interviews and such other forms of publicity as the Club shall require. Comedian shall provide written promotion materials to the Club in a timely manner, if requested. All publicity done by the Club shall accurately reflect the Comedian's billing.
6. Material. Comedian has sole discretion in selection of material to perform. No performance under this Agreement 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. Comedian reserves all rights to his material.
7. Termination. Either party may terminate this Agreement, with or without cause, upon at least forty-two (42) days written notice to the other party. Termination must be in written form delivered to the below signed addresses or last known addresses of the parties.
8. Non-Exclusive Relationship. The relationship between Comedian and Club is non- exclusive. Comedian agrees that, during the term of this Agreement, and for 30 days before commencement and after termination hereof, he will not perform in any competing club within a radius of five miles from the Club.
9. Merchandising. Comedian has the right to sell merchandise after his performances. Club shall not participate in the proceeds of the sale of any such merchandise. Comedian acknowledges that another Comedian may sell like merchandise at the same time at the Club, for which Comedian shall receive no additional compensation.
10. Assignment. The rights and benefits hereunder shall not be transferable by either party without the express written consent of the other party hereto.
11. Gender. All words denoting gender herein shall be deemed to include the masculine, feminine, neuter, singular or plural as the context and facts require.
12. Warranty of Authority. The person executing this contract on behalf of Club represents and warrants that he possesses full rights, power and authority to enter into and to perform this Agreement, and further personally guarantees the Club's performance hereunder.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above.
______
For the Comedian Date
NAME:
ADDRESS:
______
For the Club Date
NAME:
ADDRESS: