This agreement is entered into by the undersigned parties in a spirit of Christian brotherhood for the purpose of establishing good communication and mutual understanding. The HOST’S signature acknowledges their agreement with all the information written on this form. This agreement must be returned signed and accompanied by the deposit check, which is non-refundable, as well as the attached rider.
ADDITIONAL TERMS AND CONDITIONS 1. In the event of sickness or of accident to ARTIST, or if a performance is prevented, rendered impossible or infeasible by any act or regulation of any public authority or bureau, civil tumult, strike, epidemic, interruption in or delay of transportation services, war conditions or emergencies or any other similar or dissimilar cause beyond the control of ARTIST, it is understood and agreed that there shall be no claim for damages by HOST and ARTIST’S obligations as to such performances shall be deemed waived. In the event of such non-performance for any of the reasons stated in this paragraph, if ARTIST is ready, willing and able to perform, HOST shall pay the full compensation hereunder, otherwise, the monies (if any) advanced to ARTIST hereunder shall be retuned on a pro-rata basis. 2. Inclement weather rendering performance impossible, infeasible or unsafe shall not be deemed a force justifying the cancellation of a major event and payment of the agreed upon compensation shall be made notwithstanding. If HOST and ARTIST disagree as to whether rendition of performance(s) is impossible, not feasible or unsafe because of inclement weather, ARTIST’S determination as to performance shall prevail. 3. The entertainment presentation to be furnished by ARTIST hereunder shall receive billing in such order, form, size and prominence as directed by ARTIST in all advertising and publicity issued by or under the control of the ARTIST. ARTIST’S name or likeness may not be used as an endorsement or indication of use of any product or service not in connection with any corporate sponsorship or tie-up, commercial tie-up or merchandising without ARTIST’S prior written consent. 4. Due to constraints with our Recording Contract, the HOST shall not itself, nor shall it permit others to record, broadcast or televise, photograph or otherwise reproduce the visual and/or audio performance hereunder or any part thereof without prior written permission from ARTIST. 5. ARTIST shall have the exclusive right to sell all types of merchandise including, but not limited to, articles of clothing (i.e., T-shirts, hats, etc.), posters, stickers, etc., on the premises of the place(s) of performance without any participation in the proceeds by HOST subject however, to concessionaire’s requirements, if any. 6. Unless stipulated to the contrary in writing, HOST agrees that ARTIST may cancel the engagement hereunder without liability by giving the HOST notice thereof at least thirty (30) days prior to the commencement date of the engagement hereunder. 7. HOST will be required to pay ARTIST’S balance in full on the occasion of a cancellation by HOST within ninety (90) days or less of the concert performance. HOST will be required to pay one-half of ARTIST’S balance if cancellation occurs prior to ninety (90) days of the performance date. 8. ARTIST shall have the exclusive control over the production, presentation and performance of the engagement hereunder, including, but not limited to, the details, means and methods employed in fulfilling each obligation of ARTIST hereunder in all respects. ARTIST shall have the sole right, as ARTIST may see fit, to designate and change at any time the performing personnel other than the ARTIST(s) specifically named herein. 9. It is agreed that ARTIST signs this contract as an independent contractor and not as an employee. This contract shall not, in any way be construed so as to create a partnership, or any kind of joint undertaking or venture between the parties hereto, nor make ARTIST liable in whole or in part for any obligation that may be incurred by HOST in HOST’S carrying out of any of the provisions hereof or otherwise. 10. In the event of any inconsistency between the provisions of this contract and the provisions of any riders, addenda, exhibits or any other attachments hereto, the parties agree that the provisions most favorable to ARTIST shall control. 11. HOST hereby indemnifies and holds ARTIST, as well as their respective agents, representatives, principals, employees, officers and directors, harmless from and against any loss, damage or expense, including reasonable attorney’s fees, incurred or suffered by or threatened against ARTIST or any of the foregoing in connection with or as a result of any claim for personal injury or property damage or otherwise brought by or on behalf of any third party person, firm or corporation as a result of or in connection with the engagement, which claim does not result from the active negligence of the ARTIST. 12. This contract (a) cannot be assigned or transferred without the written consent of ARTIST, (b) contains the sole and complete understanding of the parties hereto and (c) may not be amended, supplemented, varied or discharged, except by an instrument in writing signed by both parties. The validity, construction and effect of this contract shall be governed by the laws of the State of Tennessee, regardless of the place of performance. THE PERSON EXECUTING THIS AGREEMENT ON HOST’S BEHALF WARRANTS HIS/HER AUTHORITY TO DO SO, AND SUCH PERSON HEREBY PERSONALLY ASSUMES LIABILITY FOR THE PAYMENT OF SAID PRICE IN FULL. The terms "Producer" and “ARTIST” as used herein shall include and apply to the singular, the plural and to all genders.