Contracts Between Jemicia Owner + Breathe Easy Band and Venue Owner
Performance Agreement
Agreement made as of _______________, 20_____, between the parties identified
below. In consideration for the following covenants, conditions and promises, the
Purchaser agrees to hire the Artist to perform an engagement and the Artist agrees to
provide such performance services, under the following terms and conditions:
1. Jemica Olivia + Breathe Easy Band will be hired by
2. Mama Lee’s Soul Food Restaurant
3. Owner Ken Edward Lee
6060 Montgomery
San Antonio, TX 78239
210-663-6262
4. The dates, time, duration of show and sound check time are as follows:
Dates _______________________________________ Time _______________ AM/PM
Number of Sets ___________________ Duration of Each Set ______________________
Sound Check Time ________________________________________________________
5. The consideration to be paid shall be
(a) Guaranteed Fee of $_________________________________
(b) Percentage ______________________ (gross/net of door)
(c) Workshop Fee of $ __________________________________
(d) Meals/Lodging _____________________________________
(e) Transportation ______________________________________
(i) Air ________________________________________________
(ii) Ground __________________________________________
(f) Materials ___________________________________________
(g) Total _______________________________________________
(h) Advance Payment of $ _________ due on _________(Date)
(i) Balance of Payment of $ _________ due on ________(Date)
6. Further consideration to Artist by Purchaser is provided in the Rider of Additional
Terms attached to this Agreement.
7. Sound and/or lighting equipment to be provided by Purchaser shall be as described in
the separate Sound Reinforcement and Lighting Agreement.
8. This Agreement and the attached Riders and Sound Reinforcement and Lighting
Agreement, which by this reference are incorporated into and made a part of this
Agreement, constitute the entire agreement between the parties and supersedes all prior
and contemporaneous agreements, understandings, negotiations and discussions, whether
oral or written. There are no warranties, representations, and/or agreements among the
parties in connection with the subject matter of this Agreement, except as specifically set
forth and referenced in this Agreement and the attached Riders. This Agreement shall be
governed by [insert your State’s name] law; is binding and valid only when signed by the
parties below; and may be modified only in a writing signed by the parties. If Artist has
not received the deposit in the amount and at the time specified in subsection 5(h), then
Artist thereafter at anytime shall have the option to terminate this Agreement.
9. The persons signing this Agreement on behalf of Artist and Purchaser each have the
authority to bind their respective principals.
10. If you have any questions, please contact our home office at @210-584-5095
_____________________
AGREED TO AND ACCEPTED
Purchaser Artist ___________________________ By Date By Date _______________
Name and Title ______________________ Name and Title _______________________
(an authorized signatory) (an authorized signatory)
Federal I.D./SS# Federal I.D./SS# __________________________
Performance Agreement Rider *
1. Billing
Artist shall receive one hundred percent (100%) sole exclusive billing in any and all
advertising and publicity when appearing as the sole act. When Artist is accompanied by
other musicians, Artist shall receive prominent billing and shall close the show at each
performance during the engagement unless specifically provided otherwise. When
headlining, Artist shall have the right of approval of any and all other acts in the show,
their set times, and set lengths.
2. Payment
All payments provided hereunder shall be made by Money Order, Cash, Cashier’s,
Certified or School Check, made out to __________________ unless otherwise specified.
When a percentage figure is made a part of this Agreement, the Purchaser agrees to have
on hand at the end of the engagement the ticket manifest and all unsold tickets for
verification by Artist or Artist’s representative.
(a) If the Artist is paid according to a percentage of the gross admissions, the following
applies:
(i) Purchaser must have all tickets printed by a bonded printer.
(ii) All tickets must be consecutively numbered.
(iii) Each set of tickets for a given price, and, if more than one performance is
contemplated, each set of tickets for each performance must be printed on a ticket
stock
of contrasting color.
(iv) A bonded printer’s manifest showing number, color and price of all tickets
printed
for the performance must be available for inspection by Artist’s representative on
afternoon of concert.
(v) All gross admission receipts shall be computed on the actual full admission
price
provided on each ticket, and, in the absence of prior written agreement by Artist,
no
tickets shall be offered or sold at a discount or a premium.
(vi) A representative of the Artist shall have the right to be present in the box
office prior
to and during the performance and intermission periods and such representative
shall be
given full access to all box office sales and shall otherwise be permitted to
reasonably
satisfy himself as to the gross receipts (and expenditures if required) at each
performance
hereunder.
(b) Purchaser warrants that tickets for the engagement will be scaled in the following
prices:
______________ tickets at _____________ dollars.
______________ tickets at _____________ dollars.
______________ tickets at _____________ dollars.
If the scale of prices shall be varied in any respect, the percentage compensation payable
to Artist shall be based upon whichever of the following is more favorable to Artist: the
scale of prices as set forth above or the actual scale of prices in effect for the engagement.
(c) In the event that compensation payable to Artist hereunder is measured in whole or in
part by a percentage of receipts, Artist shall have the right to set a limit on the number of
free admissions authorized by Purchaser.
3. Withholding
If Purchaser is required by state or local law to make any withholding or deduction from
the Artist fee specified in the attached contract, the Purchaser shall furnish to Artist a
copy of the pertinent law governing said deduction when returning the Agreement to
Artist or Artist’s agent.
4. Limitations on Recording
No performance during the engagement shall be recorded, copied, reproduced,
transmitted or disseminated in or from the premises in any manner or by any means now
known or later developed, including audio and video, without the prior written
permission of Artist.
5. Publicity Photographs
Only photographs sent to the Purchaser by Artist or Artist’s representative shall be used
in publicizing the engagement.
6. Dressing Room
Purchaser shall provide one (1) clean, lockable dressing room. Purchaser agrees to be
solely responsible for the security of all items in the dressing room area and shall keep
unauthorized people from entering said area.
7. Artist’s Property
Purchaser shall be responsible for any theft or damage to the equipment of Artist that
may occur during the time that the equipment is located on Purchaser’s premises.
8. Security
Purchaser will make a diligent effort during the performance to maintain a quiet listening
audience. Audience shall be seated prior to the performance. Purchaser is responsible for
the conduct of its audience and shall provide adequate supervision of minors attending
the performance. Any damage resulting from activities of the audience shall be the
responsibility of Purchaser.
9. Complimentary Tickets
Purchaser agrees to make (___________) complimentary tickets available to Artist or
Artist’s representative, the unused portion of which may be placed on sale the day of
performance with the permission of Artist or Artist’s representative.
10. Backstage Access
Purchaser shall provide (___________) backstage passes for Artist on Artist’s arrival at
venue.
11. Merchandising
Artist shall have the option to sell albums, videos, books and/or merchandising material
at the performance and shall retain the proceeds of such sales.
(a) Artist has sole right to merchandise any and all products pertaining to Artist at no
expense to the Artist, excluding normal hall and vending fees agreed upon in advance by
Artist in writing. Purchaser will not, nor will Purchaser allow any other party to sell or
distribute merchandise bearing name, likeness or logo of Artist, before, during or after
concert date.
(b) Purchaser will provide at its expense, (_____) persons to sell Artist’s products.
(c) Purchaser will provide the following equipment for merchandising:
(i) One (1) cash box with fifty dollars ($50.00) starting change (ones and fives).
(ii) Six-foot (6') table (to hold records and other Artist products).
(iii) Two (2) chairs (for the persons selling the products).
(d) Merchandise shall be displayed in a prominent area of the foyer or lounge leading
from the facility entrance to the performance area.
(e) Person who is to vend Artist’s products shall be available from time of stage call to
receive product and set up merchandise area. Artist or Artist’s representative will conduct
and set up merchandise area with Purchaser’s designated sellers. Artist or Artist’s
representative will conduct inventory of merchandise prior to start of sale.
(f) After close of show (all audience will have left the facility) the vendor will close the
merchandising booth and return all unsold product and receipts from sale to Artist or
Artist’s representative for final accounting.
(g) Purchaser is responsible for all product and monies from sales as signed for by the
Purchaser’s merchandising representative. Fifty dollars ($50.00) starting change is to be
deducted from total receipts.
12. Ground Transportation
Unless otherwise indicated, Purchaser, at its expense, shall provide ground transportation
to and from place of engagement, airport and hotel. Artist requires large station wagon or
van. Please send directions to concert site from the airport, or, if mode of travel is
arranged other than by automobile, please send directions (and time tables) from airport,
train station, etc., to hotel, then from hotel to concert site. Copies of highlighted street
maps are very much appreciated.
13. Food
Food and beverages appropriate for time of day for (______________) people shall be
provided by Purchaser.
14. Lodging
If Purchaser is to provide lodging, it shall be at a hotel of Holiday Inn quality or better,
four (4) quiet, nonsmoking rooms, in the vicinity of the venue, away from highway noise,
with king-size beds in each room.
15. Outdoor Venue
In the event the engagement is outdoors, there must be a covering over the stage area that
will protect the Artist and equipment from the elements.
16. Seating
House lights should be dimmed starting ten (10) minutes before the start of the concert to
facilitate audience being seated on time.
17. Background Music
No background music, taped or otherwise, is to be played before the start of or after the
concert without the approval of the Artist, unless the music is from Artist’s albums.
18. Stage
Stage must be accessible to performers in a manner other than through the audience.
Stage and curtains must be in clean, good condition. Whenever possible, stage should be
no further than fifteen feet (15') from the audience.
19. Promotion
Purchaser agrees to promote the scheduled performance(s) on television, radio,
newspapers and other print media and will use its best efforts to obtain calendar listings,
feature articles, interviews of the Artist, reviews of the performance and Artist’s records
in local major and alternative newspapers, radio and television programs. Purchaser shall
be responsible for all matters pertaining to the promotion and production of the scheduled
engagement, including but not limited to venue rentals, security and advertising.
20. Clippings
As a special request, Artist asks that Purchaser please forward clippings, reviews,
advertising and posters to Artist at ________________________. If there are any
questions or suggestions, please direct them to _______________________.
21. Force Majeure
This agreement of Artist is subject to the unavailability of Artist because of sickness,
accidents, riots, strikes, acts of God or other conditions beyond Artist’s control.
22. Cancellation
In the event Purchaser cancels the performance for any reason less than five (5) weeks
before the date of such performance, Purchaser will pay Artist, as liquidated damages,
one-half (1/2) of the guaranteed fee agreed to be paid for such performance in subsection
5(a). In the event Purchaser cancels the performance for any reason less than two (2)
weeks before the date of such performance, Purchaser will pay Artist, as liquidated
damages, the full guaranteed fee agreed to be paid for such performance, unless Artist
subsequently agrees in writing to waive all or any part of that payment.
23. Attorneys’ Fees
In the event of any dispute arising under this Agreement that results in litigation or
arbitration, the prevailing party shall be paid its reasonable attorneys’ fees and costs by
the losing party.
24. Insurance
Purchaser agrees to obtain any and all necessary personal injury and property damage
liability insurance with respect to the activities of Artist on the premises of Purchaser or
at such other location where Purchaser directs Artist to perform. Purchaser agrees to
indemnify and hold Artist harmless from any and all claims, liabilities, damages, and
expenses for injury, damages, or death to any person, persons, or property, including
attorneys’ fees, demands, suits, or costs of whatever nature, arising from any action,
activity or omission of Purchaser or third parties, except for claims arising from Artist’s
willful misconduct or gross negligence. At least ten (10) days prior to the date of
performance, Purchaser shall provide to Artist a copy of Purchaser’s policy of insurance
indicating coverage in the sum of at least __________ dollars for personal injury and
property damage, naming Artist as an additional insured for the date of the performance.
Sound Reinforcement Rider
This Rider for Sound Reinforcement Services is entered into as of __________, 20__,
between the parties identified below.
1. Name of Purchaser ______________________________________________
Purchaser Address
City/State/Zip
Telephone
2. Name of Artist _____________________________________________________
3. Place of Engagement _______________________________________________
4. Date of Event ______________________________________________________
5. Number of Sets and Duration _________________________________________
6. Type of Event ______________________________________________________
7. Maximum Audience Expected _________________________________________
8. Load-in
Hall is available for load-in and set up at (time) _______________ (date) __________
(a) Purchaser agrees to provide a safe and proper 20-foot “A” type ladder (with wheels),
at time of load-in and until all of Artist’s equipment has been removed from venue.
(b) Purchaser agrees to provide (________) number of drum risers at a height of Club
(________) above the stage floor.
(c) Ladder and drum risers are to be in place at time of load-in.
9. Sound Check
Hall is available for sound check at (time) _________________ (date) _____________
(a) Artist requires a (__________) hour sound check and technical setup period.
Purchaser shall not allow the audience to enter the place of performance until such time
as sound check and technical setup has been completed. Artist shall complete the setup
and sound check (__________) hour(s) prior to the time of performance, provided that
Purchaser makes the place of performance available for said setup at least (__________)
hours prior to time of performance.
10. Sound System
Purchaser agrees to provide a complete sound system consisting of—
(_______) Number of amplifiers at (_______) kilowatts of power
(_______) Number of main house speakers
(_______) Number of monitor speakers
A main mixing board with (_______) number of input channels
A monitor mixing board with (_______) number of input channels
(_______) Number of microphones and stands Club Contracts
Other special equipment _________________________
Any alterations or deviations from the above items involving extra cost of equipment or
labor or substitutions of equipment, are subject to written agreement.
11. Personnel
Purchaser agrees to provide the following personnel to operate the equipment:
12. Power
Purchaser agrees to provide at least _______ amps single phase and _____ volts of
power.
13. Speaker Space
Purchaser agrees to provide adequate space for placement of loudspeakers. The space
needed for the speakers will be ___________ feet by __________ feet. This area must be
capable of supporting the weight (________ lbs.) of the speakers safely.
14. Mixing Platform
Purchaser agrees to provide a safe platform or space in the audience within 50 to 100 feet
of the stage in order to set up mixers to mix the sound for the show. Platform or area
should be _________ feet by ________ feet.
15. Security
Purchaser agrees to hire adequate security for stage area and accepts full liability for any
stolen articles and/or destruction of Artist’s equipment.
BEGIN BOXED INFORMATION
Sample of Specifications for Sound Requirements
(Sound Reinforcement Rider, Clause 10).
(a) Purchaser shall provide a minimum of ten (10) high-quality monitor speakers. These
monitor speakers shall be capable of providing at least 120 dB of clear, undistorted sound
between 100 and 10,000 cycles per second (plus or minus 4 dB) at a distance of ten (10)
feet. The monitor speakers shall be placed as follows:
3–stage center
1–down stage left
1–up stage right
2–monitors behind drummer
1–monitor behind keyboards
2–side fill monitors
(b) There shall be a minimum of ten (10) boom stands, six (6) short stands, two (2)
gooseneck-type attachments and ten (10) regular stands for the microphones.
(c) If the performance area of the engagement is outdoors or semioutdoors, all
microphones shall be covered with filter windscreens.
(d) Purchaser further agrees to provide a six- (6-) station intercom hookup between the
following areas:
stage right or left Club Contracts
both spot lights
sound console
monitor mixer console
dimmer board
house lights and curtain
All intercoms are to be headphone type with microphone and two earpieces.
END BOXED INFORMATION
