The Nashville Band's Performance Contract

 THE NASHVILLE BAND PERFORMANCE CONTRACT

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        This contract (the "Agreement") is made between  ___________________  (the "Operator") and [The Nashville Band] (the "Band") for the hiring of Band as independent contractor to perform (the "Show") for Operator, located at the address:  ________________________________  (the "Venue").

 

 It is agreed as follows:

 

1. Place, date, and time of Show. The parties agree that the time and place of show will be at the venue, located at the address, ____________________,  ____________________,  

2. on ____________________ (Date).

3. from ___________________ to ____________________ (Time)

 

 

1. Description of Show. ______________________________________________________________________________

                                           

 

1. Package Total Price  _______________

 

1. Payment. Compensation for the Show will be two 50% payments of (___________)  together being the "Fee", paid to band by Operator. The first payment is due upon the completion of this agreement (Performance Contract signed & dated by Operator & Band Representative) and must be tendered within 14 calendar days upon receipt of delivery (emailing the Operator a copy of the Performance Contract), unless Operator has paid the initial 50% fee before the Performance Contract was signed. If the first 50% payment fee is not tendered upon the signing of this contract within 14 calendar days upon receipt of delivery, no further obligation for either party comes due and this agreement will be null and void. The second 50% payment of fee is due no later than 30 calendar days before the show date. Payment is payable via most major credit cards through our website (www.thenashvilleband.com), PayPal or check.

 

 

1. Cancelation. If full payment is not received three days before the show date, the Show will be cancelled by Band, and Operator may not seek any damages. If Operator has not tendered the final 50% payment within 30 days of the show date, Band may cancel at any time prior to the show, in which the first 50% payment is non-refundable and Operator may not seek any damages.

2. Cancellation may be made by Operator with no less than 30 day's written notice prior to the time of Show, in which case the first 50% payment of Operator's fee is non-refundable. If the Operator can prove a "Force Majeure" (see below for details) the show may be rescheduled for a time that both the Operator & Band Representative agree on. A new Performance Contract will need to be signed by both the Operator & Band Representative, in this case, outlining when the new show date will be (the Operator will only need to pay the second 50% fee in this circumstance but the first 50% initial fee from the first Performance Contract is non-refundable). If Show is cancelled by Operator with less than 30 days written notice of Show date, the first 50% payment is non-refundable. If the first 50% payment is not tendered within 14 calendar days after receipt of this contract is delivered by email to Operator, the show will automatically be canceled and a new contract will have to be issued. Contract must be signed & dated through HoneyBook, Inc. upon (Email) delivery or no further obligations for either party comes due.

 

 

1. Force Majeure. In the event the show cannot reasonably be put on because of unpredictable occurrences such as an act of nature, government, or illness/disability of Band and/or Operator, the first 50% fee will be non-refundable, however the Band & Operator may negotiate a substitute show date on the same terms as this agreement, with the exception of the above date and in which case a new agreement reflecting this agreement will be signed by the parties. No further damages may be sought for failure to perform because of force majeure.

 

 

1. Security, Health, and Safety. Operator warrants that Venue will be of sufficient size to safely conduct Show, that Venue is of stable construction and sufficiently protected from weather, and that there will be adequate security and/or emergency medical responders available if foreseeably necessary. Operator maintains sufficient personal injury/property insurance for Venue sufficient to cover foreseeable claims. 

 

 

1. Indemnification. Operator indemnifies and holds Band harmless for any claims of property damage or bodily injury caused by show attendees. 

 

 

1. Right to Counsel. Should the agreement become disputed at any point during its duration, Band and Operator reserves the right to retain counsel to formally settle the dispute in compliance with laws of the state of Tennessee.

 

 

1. Severability. If any portion of Agreement is in conflict with any applicable law, such portion will become inoperative, but all other portions of Agreement will remain in force. 

 

 

1. Interpretation. Agreement will be interpreted according to the laws of the state of Tennessee.

 

 

1. Riders. Nothing in agreement shall prevent any rider from being added to agreement that is favorable to Band, as judged by Band. All riders must be in writing and signed by the party against whom enforcement is sought. 

 

 

1. Intellectual Property Rights. Bands performance is proprietary and may not be distributed via any platforms and without bands written consent.

 

 The below-signed Band Representative warrants he has authority to enforceably sign this agreement for Band in its entirety. The below signed Operator warrants s/he has authority to bind him/her to the obligations set forth in this agreement as the Operator (above). This contract is in effect upon the completion (All parties Signatures, printed names & the date of signing) of the undersigned.

   

Signature of Band Representative: _________________ Date: ___________________

Band's Representative typed name: __________________

 

 

Operator's Signature: ________________  Date: _________________

Operator's typed name: ___________________