Appearance Agreement

RED WHITE & FLOYD Appearance Agreement

THIS AGREEMENT is entered into this __ day of ________ 201__, by and between the Performance Group (“PG”) and Buyer identified below (collectively, the “Parties”).

IN CONSIDERATION of the mutual promises set forth herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the Buyer hereby engages PG to provide a Performance upon the following terms:

1) Performance Group Name - RED WHITE and FLOYD
2) Instruments of Performance Group – guitar, bass, keyboards, sax, drums, vocals.
3) PG Member Contact – TAG / email to: redwhiteandfloyd@gmail.com
Name and Address – Red White and Floyd/TAG Alton, IL 62002
4) Number of Performers. 7 Piece group with one technician, one stage hand, media group consisting of one photographer and 2 videographers. Hired sound and light technicians are optional.

5) Buyer Name and Address. _____________________________________________

6) Place of Performance. _________________________________________________

7) Date of Performance. _________________________________________________

8) Time of Performance. _________ a.m. /p.m. until __________ a.m./p.m.

9) Performance Content PG and all of the above-identified Members shall perform a performance of the type generally designated as USA Pink Floyd Tribute at the date, time and place listed above. The Performance shall last at least ______ hour(s), including set breaks listed below.

10) Permits. Buyer warrants and represents that it has obtained all approvals, permits, licenses and/or variances necessary for the Performance.

11) Breaks. PG shall have ___ break(s), averaging _________ each.

12) Performance Fee, Withholding, Taxes. Buyer shall pay PG a Performance Fee of $_________________________________________________________as follows:
· Upon execution of this Agreement, Buyer shall pay to TAG a Deposit of $_________________________________________________________________.
· Following the Performance, Buyer shall directly pay TAG the Balance of $_________________________________________________________________.

· Payment shall be in the form of, circle one (cash), (cashier’s check), (money order), (other) ___________, and be paid directly to TAG. Third party checks are unacceptable unless the buyer pays a 75% deposit.
Purchaser shall notify PG of any and all State or Local taxes to be withheld or deducted for the PG’s fee specified in the contract prior to signing the contract. If the PG is not notified, payment of any such withholdings shall be the responsibility of the Purchaser and shall not be deducted from the PG’s fee. No admission tax shall be deducted from the gross receipts before computing percentages due unless the amount of tax is stated on the contract.

13) Promotion. Buyer shall be responsible for promotion of the Performance. PG shall provide at PG’s discretion the Buyer with a press kit and camera-ready copies of PG promotional materials.

14) Sound and Stage Set-Up, Power Distribution, Technical Requirements, Dressing Rooms. At least ____ hours prior to the Time of Performance, the Buyer shall provide PG and their designated representative’s sufficient access to the Place of Performance for set-up and sound check. PG shall designate an individual to oversee sound modifications before and during the Performance. Buyer shall provide adequate staging for the performance to include platforms for musicians and their musical instruments and amplification and sound systems. The stage platforms should NOT be any smaller than ____ ‘ wide x ____ ‘ long put together. Adequate electrical power distribution MUST be provided . . . enough to power stage amplification, sound system and light. The lights must be on a separate breaker/circuit. Purchaser shall provide sound and/or lighting equipment described here to include:

___________________________________________________________________________

Purchaser shall provide a copy of the equipment required to the appropriate company for sound and lighting equipment. Buyer shall provide adequate dressing rooms for band members. If the performance is outside, a RV or pipe and drape shall be provided in exchange for dressing rooms.

15) Security. Buyer shall take reasonable precautions for the safety of PG and PG’s equipment before, during, and after the performance.

16) Termination. Either Party may refuse or terminate the Performance due to violation of any law or regulation by the other Party, or any situation that the Party reasonably believes may be hazardous to any person or property.

17) Insurance. Buyer warrants and represents that it has, or shall obtain, sufficient personal injury and property damage liability insurance with respect to the activities of PG at the Place of Performance and shall identify and hold PG employees, representatives and attorneys harmless from and against all claims, demands, actions, damages, liability, costs and expenses including attorney’s fee arising at of or in conjunction with any personal injury, death, and loss or damage to property which occurs in connection with any performance by PG unless caused by the sole conduct of PG or any employer or representative of the PG.

18) Accommodations. Buyer shall provide each member of PG with:
· Reasonable amounts of free water and soda during the Performance.
· ____ Tickets to the Performance.
· ____ Free meals on the Date of the Performance and or,

. ____ Free alcoholic beverages.
· Lodging ________________________________________________________________.
· Transportation ___________________________________________________________.

19) Cancellation. If Buyer provides written notice of cancellation of this Agreement to the PG Member Contact at the address listed above, by the following dates, the Parties shall promptly take the following actions:

Date Buyer provides written notice of cancellation.

Action required

· At least ____ days before the Date of Performance.

PG promptly returns the entirety of the Deposit to Buyer.

· Less than ___ days, but still before the Date of Performance

PG retains the Deposit and is not further obligated to Buyer.

· The Date of Performance

Buyer promptly pays PG full balance before the performance begins.

If performance is outside, in the event of inclimate weather, if the PG plays even one song, the PG is

entitled to full payment.

Buyer promptly pays PG full balance of Performance Fee.

The obligation of the Parties shall be excused by detention of key personnel by sickness, accident, riot, strike, epidemic, act of God, Force Majure or any other legitimate condition beyond the control of the obliged Party. If such circumstances arise in the case of PG, PG shall, at its discretion, obtain replacement personnel, or shall refund the Deposit to the Buyer. If such circumstances arise in the case of Buyer, Buyer shall, at its discretion, obtain a reasonably similar replacement venue available on the Date of Performance, or shall comply with the notice of cancellation provisions described herein. Neither Party shall be liable for indirect, special or consequential damages arising from any breach of this Agreement.

20) Merchandise. PG shall, at its option, sell albums and other promotional material on the premises during the Performance, retaining all proceeds associated therewith.

21) General. This Agreement will be governed by, and construed in accordance with the laws of the State and county where the performance takes place, without giving effect to the principles of its conflict of law provisions.

The Parties to this Agreement agree and consent to the jurisdiction of and venue in the state or federal courts where the performance takes place, in all disputes arising out of or relating to this Agreement. In the event that any provision of this Agreement is declared invalid or void by statute or judicial decision, such action shall not invalidate the entire Agreement. It is the express intention of the Parties that all other provisions not declared invalid or void shall remain in full force and effect. The failure by either Party to act with respect to a breach by the other shall not constitute a waiver of the right to act with respect to subsequent or similar breaches. This Agreement constitutes the entire Agreement between the Parties.

22) Additional Provisions. The Parties agree to the following additional terms:

___________________________________________________________________________

___________________________________________________________________

This agreement must be signed and returned (mailed or faxed) within __ days from the listed date to be executed.

I have read and agree to all terms as written in this Appearance Agreement.

By, name and title _________________________________

(Please print name here) ____________________________

Federal I.D./Social Security #_________________________

Date _________________________

Performance Group

By, name and title _________________________________

(Please print name here) ____________________________

Federal I.D./Social Security #_________________________

Date __________________________

Please sign and return TWO (2) copies of this contract. One copy will be returned fully executed for your files.

Rev—4/2013 5/2013