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Performance Agreement

Note: Please sign, copy and return original performance agreement along with your deposit by __________ to:

Live Music Solutions
1888 Honeylocust Drive
Grants Pass OR 97527-6353


Section A1 of D4 Sections


EXHIBIT 1: PERFORMANCE AGREEMENT
Agreement made as of this date ________________ between the parties identified below.

In consideration for the following covenants, conditions, and promises, the Employer identified below agrees to hire the below-identified Artist to perform an engagement and the Artist agrees to provide such performance services, under the following terms and conditions:

This agreement for performance services is entered into by the band and/or musician(s) known as:
___________________________________________
(Now referred to as Artist)

and Employer known as:
___________________________________________
(now referred to as Employer)

Employer hires musician(s) on the terms and conditions set forth in this contract.


Name of band and musician(s)
______________________________________________
______________________________________________
______________________________________________
______________________________________________
______________________________________________

Place of engagement _____________________________________

Street __________________________________________________

City/State/Zip ___________________________________________

Phone _____________________________________

Date and Time of Engagement ______________________________

Number of sets__________ Set duration___________

Type of engagement________________________________________________



Section B2 of D4 Sections


Wages and Deposit

Guaranteed Fee ___________________________________

Percentage _______________ to be caculated gross/net of ticket sales/door/bar/other_____________

*Distance Fee (*if more than 50-miles) : $_________
Distance from Grants Pass, Oregon to ________________________ is ________ miles.

*Add $1.00 a mile one-way from Grants Pass, Oregon.
(Distance source: MAPQUEST)

Additional hour(s) : Add $__________

Holiday (12hr window) : Add $__________

Payable to:
>>
>>
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$________________________
Deposit amount is one-half (1/2) of the
total agreed to amount and the
balance is due upon arrival the
date of the engagement.

Sound System.

Artist shall provide the sound system.

Description of Sound System.

Instruments, Amplifiers, Speakers, Mixers, Microphones, Cables, Cords, Stands, Lights, Etc.

Sound Check.

The set-up and sound-check time with full access to stage and working electrical outlets on the date of the performance shall be made available no less than two (2) hours and thirty (30) minutes prior to the scheduled performance start time.

Security.

Employer will provide sufficient security so that no unauthorized persons will have access to the stage area or the backstage area. The band will provide names of persons or guests authorized to be backstage. Employer 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 Employer's premises.

Transcription.

No performance and/or this performance shall be recorded, video taped, reproduced, transmitted or disseminated in or from the place of engagement in any manner or by any means whatsoever in the absence of a specified written agreement with the Employee.




Section C3 of D4 Sections


Promotion and Production.

Employer 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. Employer agrees to promote the scheduled performance(s) 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 all local print, radio and television media.

Merchandising.

Artist shall have the option to sell albums, books, and/or merchandising material at the performance and shall retain the proceeds of such sales.

Tip(s).

Artist will retain any/all tip(s) he receives from anyone.

Ticket(s).

Employer shall provide ____ free ticket(s) to the Artist for his guest(s).

Meal(s).

Employer shall provide _______ free meal(s) to the Artist on the date of the performance.

Drink(s).

Employer shall provide ____ free drink(s) to the Artist on the date of the performance.

Lodging

Employer shall provide _________ free room(s) for lodging to the Artist on each date of the performance.

Security.

Employer will provide sufficient security so that no unauthorized persons will have access to the stage area or the backstage area. The band will provide names of persons or guests authorized to be backstage. Employer 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 Employer's premises.

Insurance.

Employer agrees to retain any and all necessary personal injury or property damage liability insurance with respect to the activities of Artist on the premises of Employer or at such other location where Employer directs Artist to perform. Employer agrees to indemnify and hold Artist harmless from any and all claims, liabilities, damages, and expenses arising from any action or activity of Employer or Artist while Artist is rendering the contracted services except for claims arising from Artist's willful misconduct or gross negligence.

Cancellation.

In the event that Employer cancels any performance less than five (5) weeks before the date of such performance, Employer will pay Artist, as liquidated damages, one-half of the guaranteed fee. In the event that Employer cancels any performance less than two (2) weeks before the date of such performance, Employer will pay Artist, as liquidated damages, the full guaranteed fee agreed to be paid for such performance. The agreement that musicians perform is subject to detention by sickness, accident, riot, strikes, epidemic, war, acts of God or other legitimate conditions beyond their control.


Section D4 of D4 Sections


Disputes.

In the event any dispute arises under this Agreement that results in litigation or arbitration, the losing party shall pay the prevailing party its reasonable attorneys' fees and costs. This contract shall be governed by Oregon law, may be modified only by signed writing, and is binding and valid only when signed by the parties below, and Artist has received the deposit payment specified no later than;
Date__________________________.


Artist_______________________________________ Date _______________________

Employer ___________________________________ Date _______________________
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