The Dennis Peters Band
THIS PERFORMANCE AGREEMENT is made and entered into as of _X_, by and between
X, whose business address is X _ ("Purchaser") and the musical group or performer __The Dennis Peters Band ("Musician"), whose business address is 1207 Steamer Ave Manahawkin NJ 08050_. In consideration of the mutual covenants herein contained and, intending to be legally bound hereby, the Purchaser and Musician agree as follows:
1) Engagement. The Purchaser hereby engages Musician to render a musical performance (the "Performance"),and Musician hereby agrees to render such Performance under the terms and conditions specified herein.
2) Musician, Musician's obligation to perform hereunder is subject to the unavailability of Musician as a result of sickness, accidents, acts of God, and other reasons beyond Musician's control.
3) Location of Performance. The Performance will take place at the following location:
Name Of Venue: X
Address: X
4) Date and Time of Performances. The date of the Performance is:
X The venue will be available for set-up on (dates)
X at (time) X. The Musician will play _X _ set as follows: X
5) Payment. In full consideration for all services rendered by Musician at the Performance, Purchaser agrees to make the following payment in U.S. funds to Musician (select one):
N/A Set Fee. A set fee of _X
N/A__ Percentage of Ticket Sales . An amount equal to ___ percent (__ %) of the (select one) __ gross __ net ticket sales.
N/A_ Percentage of Gate With Guarantee. The greater of (a) Dollars ($) guaranteed, or (b)
an amount equal to percent (of an Eight Dollar gate charge, up to Dollars Maximum.
N/A_Set Fee plus Percentage of Ticket Sales. A fee of ___________________ Dollars ($xxx.xx), plus an amount equal to ______________ percent (__ %) of the ___ gross __ net ticket sales collected.
N/A_Other. (specify) _____________________________________.
a) Deposit. Purchaser will pay ____________________ Dollars ($ _____) of the payment to Musician as a deposit by __________________, 20___. If Purchaser does not pay Musician the deposit, Musician will have the option of canceling this Performance Agreement with no further liability hereunder to Purchaser.
b) Payment of Balance. After the last set on the date of the Performance, Purchaser will pay Musician the remainingbalance of the payment in cash or by money order or certified check made payable to Brother Joe Entertainment Inc.- federal tax I.D. #: xx-xxxxxxx
c) Definitions. For the purposes of this Performance Agreement, the following definitions apply: Gross ticket sales means the sum of any and all monies paid for admission to the Performance. Net ticket sales means gross ticket sales minus the actual cost to Purchaser of the following expenses: N/A.
6) Cancellation. In the event Purchaser cancels the Performance less than __3__ week(s) prior to the scheduled date,
Purchaser will pay Musician a sum equal to (select one) X Dollars
($X) or X percent of the set fee specified in paragraph 5. Upon payment
of the cancellation fee, Purchaser will have no further liability to Musician hereunder.
7) Taping of Performance. Purchaser will not, nor will Purchaser allow others to tape, record, reproduce, or transmit in or from the premises in any manner or by any means, the Performance without the written approval of Musician. At Musician's option, Musician may record performance, audio and/or visual, for promotional purposes. Purchaser understands visual monitors and effects may be used during the performance.
8) Hospitality. Purchaser will provide to musicians refreshments, including 10 bottles of assorted Sodas
and 10 servings of bottled water. To be delivered to dressing room or equivalent hospitality area after sound-check is completed. If food is served at venue, meals for 4 bandmembers and 2 crew will also be provided.
9) Lodging Applicable - If venue is not within 120 miles of Manahawkin NJ purchaser will provide: Two (2) pre-paid hotel rooms, each with 2 beds, within a 10 mile radius of the performance venue, for 1 night unless otherwise specified in this agreement. Rooms will be made available to the artist at the hotels' normal check-in time.
9a) Travel Applicable - If venue is not within 250 miles of Manahawkin NJ Purchaser will provide: Four
(4) pre-paid business class round trip tickets from a New York/ New Jersey Metropolitan area Airport, to the closest city to the performance venue one (1) day prior to engagement. Purchaser will also provide ground transportation to and from Airport, Performance Venue, and Hotel, for four (4) band members. Return flight will be booked for the day following the engagement.
10) Miscellaneous. This Performance Agreement and the attached rider(s), (equipment rider not applicable within New York State), set forth the entire agreement between the parties, and may not be amended except in a writing signed by both parties. This Performance Agreement will be governed by and construed in accordance with the laws of the State of New York, without regard to the principles of conflicts of law. In any action or proceeding involving a dispute between the Purchaser and the Musician arising out of this Performance Agreement, the prevailing party will be entitled to receive from the losing party reasonable attorney's fees.
11.) Equipment Rider Applicable (see attached backline and P.A. System Rider)
Musician and Purchaser have each caused this Performance Agreement to be signed
by its duly authorized representative.
PURCHASER
X.:_____________________________
MUSICIAN
The Dennis Peters Band Representative:__Dennis Peters___
The Dennis Peters Band
www.thedennispetersband.com
Info-Line 609-295-0200
email: thedennispetersband@comcast.net
Please Sign and e-mail Back ASAP