151 Jackson Drive
Winchester, VA 22602-4621
/
Viqui Dill, Agent
(540) 542-6177 voice(540) 542-6176 voice
This agreement, made this Eleventeenth day of Marchuary, 2009 between The Dill Pickers Band (hereafter referred to as the ARTIST(S)) and Xxxxxxx Xxxxxxxxx (hereafter referred to as the PURCHASER,) is mutually agreed between the parties, including “Additional Terms and Conditions,” as follows:
(1)DATE(S) OF ENGAGEMENT: / Saturday, Octvember 17, 2009(2)PLACE OF ENGAGEMENT: / Pearly Gates Hilton Hotel
(3)HOURS OF ENGAGEMENT: / 10:00pm-2am: 3 sets with two 25 minute breaks
(4)FULL PRICE AGREED UPON: / $999,999.99 to be paid as follows:
(A) DEPOSIT / $499,999.99 DEPOSIT, payable to VIQUI DILL, to be returned with signed contract
(B) BALANCE DUE / $499,999.99 BALANCE DUE, payable to VIQUI DILL, on day of performance, in cash
(5)ADDITIONAL PROVISIONS OF THIS AGREEMENT:
(A) SET UP TIME: / by 7pm(B) SET UP CONTACT: / Jane Doe (999) 999-9999
(C) DRESS CODE: / Country/Western Special Occasion
(D) TYPE OF EVENT: / Wedding Reception
(E) PUBLIC/PRIVATE EVENT /
Private
(6)CANCELLATION POLICY: This agreement serves as the only binding instrument for both parties. Deposit and signed agreement must be returned by date indicated or this agreement is null and void. This agreement may be cancelled by written notice no less than 60 days prior to the date of performance by either party. Should unforseen circumstances prevent the ARTIST(S) from fulfilling this agreement, all deposits and payments shall be returned in full and this agreement shall be considered null and void. Should the PURCHASER be prevented from fulfilling this agreement, all deposits and payments shall be forfeited and this agreement shall be considered null and void.
(7)STAGE AND EQUIPMENT: Unless otherwise specified in this contract, the ARTIST(S) is responsible for furnishing all necessary public address system equipment in good working order, including amplifiers, microphones, speakers, mixers, and power cords. PURCHASER is responsible for providing a stage or adequate level surface, and a safe and reliable electrical power supply. If performance is outdoors, see “Rain Clause.”
(8)MEALS AND REFRESHMENTS: Unless otherwise specified in this contract, it shall be assumed that any meals and refreshments provided for guests of the event will also be available to the ARTIST(S) during breaks.
This contract must be returned, with deposits, signed, to CompassMom Productions within ten (10) business days of receipt by the PURCHASER.
Signed______PURCHASER: Xxxxxxxx Xxxxxxx
9999 Xxxx Lane
Xxxxxxx, VA 999999
W: (999) 999-9999 / H: (999) 999-9999 / Signed______
ARTIST(S): The Dill Pickers
151 Jackson Drive
Winchester, VA 22602-4621
(540) 542-6177
Additional Terms and Conditions
This contract shall be interpreted under the laws of the State of Virginia. It is understood and agreed that this contract was consummated in the State of Virginia and this contract constitutes the sole, complete, and binding agreement between ARTIST(S) and PURCHASER. In the event of any litigation resulting from this agreement, PURCHASER and ARTIST(S) agree to subject to the jurisdiction of a court of competent jurisdiction in Fredrick County, in the State of Virginia.
At all times hereunder the term PURCHASER shall include any and all principals who are represented by the party signing this contract as “Purchaser,” including subsequent principals the party signing this contract may represent. The term “principal” shall refer to all owners (whether corporations, partnerships, individuals, or otherwise) of all places of engagement that subsequently employ the ARTIST(S) herein.
This contract sets forth the entire contract between the parties hereto and merges all prior discussions and agreements between them and none of the parties shall be bound by any conditions, definitions, warranties, or representations with respect to any terms or conditions other than those expressly provided in this contract or as amended by subsequent agreements in writing, signed by a duly authorized officer or representative of the parties to this contract.
If any legal proceedings are necessary to enforce or interpret the terms of this agreement the prevailing party shall be entitled to reasonable attorney’s fees and court costs, in addition to any other relief to which he may be entitled.
General
In the event any one or more provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable, this agreement shall be interpreted as if the invalid provision had never been contained herein.
The failure of either party to enforce any provision or condition of this agreement at any time shall not be construed (1) as a waiver of that provision or condition or (2) as a forfeiture of any rights to future enforcement of that provision or condition.
Whenever used herein, the singular and the plural shall be equivocal and whenever used herein, the masculine, feminine, and neuter gender are all equivocal.
This agreement shall be binding upon and insure to the benefits of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns where permitted by this agreement.
The sole responsibility of CompassMom Productions, hereafter referred to as “booking agent,” is limited to the negotiation of this contract between PURCHASER and ARTIST(S). Booking agent is not liable nor responsible in the event either PURCHASER or ARTIST(S) breach contract. It is further understood that musical tastes and aesthetic appreciation are subjective matters, and booking agent does not warrant nor guarantee satisfaction of purchaser.
ARTIST(S) agree that if further engagements are offered by PURCHASER within Thirteen (13) months of the dates of engagement on this contract, said offer will be referred to CompassMom Productions to negotiate the terms of the agreement at a commission rate not to exceed 15%.
Rain Clause
If performance is scheduled outdoors, a stage or level surface must be provided. A covered stage is highly recommended. It is ultimately the decision of the ARTIST(S) to judge in good faith whether or not personal safety or property are threatened or compromised by threatening or inclement weather. If the performance is canceled due to inclement weather, ARTIST(S) shall be entitled to full payment. If time permits, engagement can be moved to an alternate location, but performance time as stated on the face of this contract will not be extended to accommodate a change of venue unless ARTIST(S) agrees to do so.
Administration
ARTIST(S) shall perform and discharge all obligations imposed upon him by Worker's Compensation, Unemployment Compensation, Insurance, Federal Insurance Contributions, withholding taxes, and other federal, state, and local laws and regulations. ARTIST(S) shall further file all necessary returns and reports, and pay all assessments, taxes, contributions, or other sums imposed thereunder upon or with respect to the salaries or wages paid by ARTIST(S) to the persons whose services ARTIST(S) engages or furnishes for the PURCHASER.