AGREEMENT


This AGREEMENT, Effective as of ______, 200_, is hereby made by and between ______(“Client) and ______(“Agent”) in (City, State).
For good and valuable consideration, the parties agree as follows:
A. Agent will provide Band (“Band Name”) to perform on ______at ______from ______, for a total fee of $______to be paid as follows:
a. Non-Refundable Deposit (MUST BE RETURNEDwith signed Agreement to secure date) in the amount of $______. In the event Client cancels this Agreement, the deposit is non-refundable. In addition, if Client cancels this Agreement within 60 days prior to the scheduled date of performance, Client agrees to pay the total fee set forth in this Agreement as compensation to (Band Name.)loss of business opportunity if (Band Name.)is unable to obtain a comparable engagement. In the event of cancellation by (Band Name.)and its Agent, the deposits shall be full refunded. All cancellations must be made in writing to (your name), Agent for (Band Name.)
b. Balance of $______due and payable at the conclusion of engagement; please make all checks payable to (your name).


B. Overtime will be played at the rate of $100 per hour per musician hired, minimum of 1/2 hour per musician.


C. (Band Name.)shall be provided with complimentary non-alcoholic beverages for the duration of the engagement.


D. Without the written consent of AGENT, this Agreement is not assignable by CLIENT either in whole or in part.


E. AGENT may terminate this Agreement and be relieved of any obligation should CLIENT fail to perform the covenants herein contained at the time and in the manner herein provided.


F. NO alteration of variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding of agreement not incorporated herein shall be binding on any of the parties hereof.
G. Musiciansfor the engagement shall be: (names of musicians)
This group will perform a repertoire of ______music. Agent reserves the right to hire substitute musicians for any reason, or in the event of an emergency, and to make final repertory decisions.


ADDITIONAL TERMS:
1. AC POWER: Must be provided within 30 feet of performance areas. Client agrees to make advance arrangements for (Band Name.) to have access to the area where the services are to be performed for set-up at least one hour prior to starting time and for take-down after the conclusion of the performance.

FOR OUT DOOR PERFORMANCES:
2. Performance area must be level, dry and firm; on a stage, or on cement. (Band Name.) WILL NOT perform on wet, grassy, muddy or hill areas.


3. Client MUST provide SHADE/HEATERS/OVERHEAD COVER FROM DIRECT SUNLIGHT FOR PERFORMERS. (Band Name.) WILL NOT perform outdoors in inclement weather—including but not limited to heat, cold, frost, rain, hail, fog, mist or severe winds.


4. Standard dress is coats and ties for male performers, black dresses for lady performers. Additional charge for Tuxedoes for male performers is $25 per musician.


5. Client is STRONGLY advised to have a contingency plan for outdoor performances in the event of inclement weather conditions.


6. TIME IS OF THE ESSENCE. This Agreement is time dated and valid only if SIGNED BY THE CLIENT AND ACKNOWLEDGED BY AGENT. CLIENT has 10 days after Agreement date on page 1 to return Agreement with deposit to secure date and musician services. Failure to do so VOIDS THIS AGREEMENT, and any subsequent services will be re-negotiated. DO NOT ASSUME the musicians will be available beyond this 10 day period.

7. Client is responsible for all damages caused by its or its guests’ negligence. (Band Name.) is responsible for all damages caused by its negligence. In no event shall either party be liable for damages in excess of the monetary amount paid under this Agreement.

8. (Band Name.) and its Agent are not responsible for delays or failure to perform resulting from causes beyond its reasonable control.

9. Agent signature on this Agreement binds Agent and (Band Name.) to the terms and conditions of this Agreement, representing a commitment to employ the above named musicians/musical group for purposes of musical entertainment. This Agreement is binding when executed by both parties and the deposit has be been received by the Agent for (Band Name.). If the deposit is not received by Agent for (Band Name.) on or before ______200___, (Band Name.) may cancel this Agreement without further obligation.