PUBLIC PERSONALITY PERFORMANCE CONTRACT
Alberta
Effective Date: ________
PREAMBLE
A. This Public Personality Service Contract shall be effective as of the following date: ________, by and between the following parties:
CLIENT. ________, residing at the following address:
________
– AND –
PUBLIC PERSONALITY. ________, a public personality having its principal business address at:
________
B. WHEREAS, the Client desires the Public Personality to perform or perform at its event;
C. WHEREAS, the Public Personality is an artist or professional figure.
NOW, THEREFORE, in consideration of and as a condition to the Client's engagement of the Public Personality, together with other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties to this Contract agree to the following terms:
Article 1 – PERFORMANCE
1.1. The performance and entertainment to be provided by the Public Personality are described as follows:
________.
1.2. The performance will take place at the following location (the "Venue"), located at the following address:
________
1.3. The performance will take place during one event on the following date and time:
Date: ________
Time: ________
Article 2 – EQUIPMENT
2.1. The public personality will provide all necessary equipment, including applicable sound and/or lighting systems, to ensure satisfactory performance at its event.
2.2. The Public Personality warrants that all equipment is in good working order and fit for purpose.
2.3. The Public Personality will designate the necessary representatives who will have the authority to operate the equipment, including mixing and controlling all sound equipment, during the performance and during all relevant rehearsals.
Article 3 – EXPENSES OF THE PUBLIC PERSONALITY
3.1. The Client shall provide, at the Client's expense, ground transportation for the Public Personality for all purposes related to its performance.
3.2. The Client shall provide, at its own expense, a sufficient number of hotel rooms for the Public Personality on the date of service.
3.3. The Client shall provide, at its sole expense, airline tickets for the Public Personality to and from the city of the venue.
3.4. The Client shall provide, at its own expense, satisfactory meals to the Public Personality for each day of its performance.
3.5. The Client must provide, at their expense, ________ (________) complimentary tickets to the Public Personality for each day of the service.
3.6. The Client shall provide, at the Client's expense, all security necessary to take reasonable precautions for the safety of the Public Personality and the Public Personality's Equipment during all aspects of its performance and at all times while the Public Personality and the Public Personality's Equipment are on the premises of the Site.
3.7. The Client shall provide, at its sole expense, the following items and amenities:
________.
Article 4 – PAYMENT
4.1. In consideration of all services rendered by the Public Personality in the course of its performance as described in this Contract, the Client agrees to pay the Public Personality a fixed fee ________ (________$).
4.2. The Client pays the Public Personality's fixed fee in one lump sum equal to the total amount of the fixed fee mentioned above, at the end of the Public Personality's services to the Client and at the end of this Contract.
4.3. The Client will charge admission for the performance at a price not less than ________ (________$) per advance ticket and ________ (________$) per gate ticket.
4.4. The Client shall pay to the Public Personality a deposit of ________ (________$) (the "Deposit") on or before ________. If the Client fails to pay the Deposit by the ________, the Public Personality may terminate this Contract without further obligation.
4.5. If the Client and the Public Personality agree, the term of its service may be extended at the hourly rate of ________ (________$) per hour.
Article 5 – CANCELLATION
5.1. The Public Personality reserves the right to terminate this Contract without obligation upon written notice to the Client by ________.
5.2. In the event the Public Personality cancels its performance under the terms of this section, the deposit will be refunded to the Client promptly.
5.3. The Client reserves the right to cancel this Contract without obligation by providing written notice to Public Personality prior to the ________. In the event of cancellation, the deposit will be promptly refunded to the Client. Cancellation by the Client, for any reason, after the ________ will result in the loss of the deposit. Cancellation by the Client after the ________ will require payment of any balance of the full fee to the Public Personality.
Article 6 – INEXECUTION
6.1. Obligations of the parties that must be fulfilled prior to the performance are conditions precedent that must be fully satisfied by the parties before the Public Personality is required to perform and the Client is required to pay unless otherwise agreed to in writing by all parties.
6.2. If either party cancels or postpones the performance, or any performance comprising the performance, without proper notice or fails to meet any other prerequisite as required by this Contract, the party shall be in breach of this Contract and the other party shall have no further obligation under this Contract.
Article 7 – DEPOSIT OF WARRANTY
7.1. The Public Personality shall be required to pay a security deposit of ________ (________$) against any potential damages related to or resulting from Public Personality's negligence in performing.
Article 8 – 258258558
________. 552 888222 88 52822288882 225 588 252222822 22 252 5258882.
________. 552 888222 525228 22 2522 588 5258225882 2222528 22 2522222 252 22522525282 2552525 52252258522 22585.
________. 552 258888 22582258822 88 222 225282225 22 2522222 252 5258882 82 522 852 8825252 252 8228222 22 252 888222 525 88 222 225282225 22 558252882 25 2522222 252 5258882 82 522 852 2552 88 2525888225 82 522 52828522 858 25 2552 82585 82 822825525 58 222228882 82 5 5258225882 225822.
Article 9 – USE OF NAME AND IMAGE
9.1. The Client shall have the right to use the name, image and other likenesses of the Public Personality in connection with its performance.
9.2. Public Personality will provide Client with all necessary and relevant promotional materials appropriate for Client's use in connection with this performance.
9.3. The name and likeness of the Public Personality may not be used or associated, directly or indirectly, with any product or service without the prior written consent of the Public Personality.
9.4. The Client's right to use the name and likeness of the Public Personality is limited to the period commencing with the signing of this Contract and ending with the completion of the service or the termination or cancellation of this Contract.
Article 10 – PHOTOGRAPHY/RECORDING
10.1. No video or audio recording, broadcast, reproduction or distribution of any portion of the Public Personality's performance is permitted without the Public Personality's prior written permission.
Article 11 – PERMITS
11.1. The Client warrants and represents that it has obtained all necessary permits, approvals, licenses and waivers for the performance.
Article 12 – EXCLUSIVITY
12.1. The Public Personality will perform exclusively for the Client during the entire effective term of the services under this Contract unless otherwise agreed to in writing by the Client.
12.2. At the time of execution of this Contract, Public Personality is not bound by any contract with any third party that would prevent Public Personality from fulfilling the terms of this Contract.
Article 13 – FORCE MAJEURE
13.1. Neither party shall be liable for failure to perform its obligations under this Contract if such failure is due to any of the following causes: acts or regulations of public authorities, strikes, inclement weather, pandemics, interruption or delay of transportation services, natural disasters, or any other legitimate cause beyond the reasonable control of the Public Personality and the Client.
Article 14 – INDEMNIFICATION
14.1. The Public Personality is responsible only for its own conduct. The Client will indemnify Public Personality for any damage to Public Personality's Equipment caused by the Client, its agents or guests. The Client shall indemnify and hold Public Personality harmless for any property damage or personal injury resulting from the performance that is not directly caused by Public Personality.
14.2. The Client warrants and represents that it has, or will obtain, sufficient liability insurance for bodily injury and property damage with respect to the activities of the Client, its employees, agents or guests in connection with the performance.
Article 15 – DEFAULT
15.1. The occurrence of any of the following shall constitute a material breach of this Contract:
a. Failure to make a required payment when due;
b. The insolvency or bankruptcy of either party;
c. The subjection of any property of either party to levy, attachment, general assignment for the benefit of creditors, demand or sale for or by any creditor or governmental agency;
d. Failure to make available or provide the Services within the time and in the manner contemplated by this Contract.
Article 16 – REMEDIES
16.1. In addition to any other rights a party may have under law, if a party defaults by failing to substantially perform any provision, term, or condition of this Contract (including, but not limited to, failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party.
16.2. Such notice shall describe in sufficient detail the nature of the default.
16.3. The party receiving such notice shall have 7 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, failure to cure the defect(s) within that time period will result in the automatic termination of this Contract.
Article 17 – ENTIRE CONTRACT
17.1. This Contract contains the entire agreement between the parties, and there are no other promises or conditions in any other agreement or contract, oral or written, concerning the subject matter of this Contract.
17.2. This Contract supersedes any prior agreement or contract, written or oral, between the parties.
Article 18 – SEVERABILITY
18.1. If any provision of this Contract is held to be invalid or unenforceable for any reason, the remaining provisions shall remain valid and enforceable.
18.2. If a court finds any provision of this Contract to be invalid or unenforceable, but limiting that provision would make it valid and enforceable, then that provision shall be deemed to be written, construed and enforced in the manner so limited.
Article 19 – MODIFICATION
19.1. This Contract may be modified or amended in writing if the writing is signed by the party obligated by the amendment.
Article 20 – APPLICABLE LAW
20.1. This Contract shall be interpreted in accordance with the laws of the following Canadian province or territory: Alberta.
Article 21 – NOTICE
21.1. Any notice or communication required or permitted to be given under this Contract shall be sufficiently given if delivered personally or by certified mail, return receipt requested, to the address set forth in the opening paragraph of this Contract or to such other address as either party may have provided to the other in writing.
Article 22 – WAIVER OF CONTRACTUAL RIGHTS
22.1. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to enforce and subsequently require strict compliance with each provision of this Contract.
EXECUTION
SIGNATURES
_________________________________
________, Public Personality
_________________
Date
_________________________________
________, Client
_________________
Date
PUBLIC PERSONALITY PERFORMANCE CONTRACT
Alberta
Effective Date: ________
PREAMBLE
A. This Public Personality Service Contract shall be effective as of the following date: ________, by and between the following parties:
CLIENT. ________, residing at the following address:
________
– AND –
PUBLIC PERSONALITY. ________, a public personality having its principal business address at:
________
B. WHEREAS, the Client desires the Public Personality to perform or perform at its event;
C. WHEREAS, the Public Personality is an artist or professional figure.
NOW, THEREFORE, in consideration of and as a condition to the Client's engagement of the Public Personality, together with other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties to this Contract agree to the following terms:
Article 1 – PERFORMANCE
1.1. The performance and entertainment to be provided by the Public Personality are described as follows:
________.
1.2. The performance will take place at the following location (the "Venue"), located at the following address:
________
1.3. The performance will take place during one event on the following date and time:
Date: ________
Time: ________
Article 2 – EQUIPMENT
2.1. The public personality will provide all necessary equipment, including applicable sound and/or lighting systems, to ensure satisfactory performance at its event.
2.2. The Public Personality warrants that all equipment is in good working order and fit for purpose.
2.3. The Public Personality will designate the necessary representatives who will have the authority to operate the equipment, including mixing and controlling all sound equipment, during the performance and during all relevant rehearsals.
Article 3 – EXPENSES OF THE PUBLIC PERSONALITY
3.1. The Client shall provide, at the Client's expense, ground transportation for the Public Personality for all purposes related to its performance.
3.2. The Client shall provide, at its own expense, a sufficient number of hotel rooms for the Public Personality on the date of service.
3.3. The Client shall provide, at its sole expense, airline tickets for the Public Personality to and from the city of the venue.
3.4. The Client shall provide, at its own expense, satisfactory meals to the Public Personality for each day of its performance.
3.5. The Client must provide, at their expense, ________ (________) complimentary tickets to the Public Personality for each day of the service.
3.6. The Client shall provide, at the Client's expense, all security necessary to take reasonable precautions for the safety of the Public Personality and the Public Personality's Equipment during all aspects of its performance and at all times while the Public Personality and the Public Personality's Equipment are on the premises of the Site.
3.7. The Client shall provide, at its sole expense, the following items and amenities:
________.
Article 4 – PAYMENT
4.1. In consideration of all services rendered by the Public Personality in the course of its performance as described in this Contract, the Client agrees to pay the Public Personality a fixed fee ________ (________$).
4.2. The Client pays the Public Personality's fixed fee in one lump sum equal to the total amount of the fixed fee mentioned above, at the end of the Public Personality's services to the Client and at the end of this Contract.
4.3. The Client will charge admission for the performance at a price not less than ________ (________$) per advance ticket and ________ (________$) per gate ticket.
4.4. The Client shall pay to the Public Personality a deposit of ________ (________$) (the "Deposit") on or before ________. If the Client fails to pay the Deposit by the ________, the Public Personality may terminate this Contract without further obligation.
4.5. If the Client and the Public Personality agree, the term of its service may be extended at the hourly rate of ________ (________$) per hour.
Article 5 – CANCELLATION
5.1. The Public Personality reserves the right to terminate this Contract without obligation upon written notice to the Client by ________.
5.2. In the event the Public Personality cancels its performance under the terms of this section, the deposit will be refunded to the Client promptly.
5.3. The Client reserves the right to cancel this Contract without obligation by providing written notice to Public Personality prior to the ________. In the event of cancellation, the deposit will be promptly refunded to the Client. Cancellation by the Client, for any reason, after the ________ will result in the loss of the deposit. Cancellation by the Client after the ________ will require payment of any balance of the full fee to the Public Personality.
Article 6 – INEXECUTION
6.1. Obligations of the parties that must be fulfilled prior to the performance are conditions precedent that must be fully satisfied by the parties before the Public Personality is required to perform and the Client is required to pay unless otherwise agreed to in writing by all parties.
6.2. If either party cancels or postpones the performance, or any performance comprising the performance, without proper notice or fails to meet any other prerequisite as required by this Contract, the party shall be in breach of this Contract and the other party shall have no further obligation under this Contract.
Article 7 – DEPOSIT OF WARRANTY
7.1. The Public Personality shall be required to pay a security deposit of ________ (________$) against any potential damages related to or resulting from Public Personality's negligence in performing.
Article 8 – 258258558
________. 552 888222 88 52822288882 225 588 252222822 22 252 5258882.
________. 552 888222 525228 22 2522 588 5258225882 2222528 22 2522222 252 22522525282 2552525 52252258522 22585.
________. 552 258888 22582258822 88 222 225282225 22 2522222 252 5258882 82 522 852 8825252 252 8228222 22 252 888222 525 88 222 225282225 22 558252882 25 2522222 252 5258882 82 522 852 2552 88 2525888225 82 522 52828522 858 25 2552 82585 82 822825525 58 222228882 82 5 5258225882 225822.
Article 9 – USE OF NAME AND IMAGE
9.1. The Client shall have the right to use the name, image and other likenesses of the Public Personality in connection with its performance.
9.2. Public Personality will provide Client with all necessary and relevant promotional materials appropriate for Client's use in connection with this performance.
9.3. The name and likeness of the Public Personality may not be used or associated, directly or indirectly, with any product or service without the prior written consent of the Public Personality.
9.4. The Client's right to use the name and likeness of the Public Personality is limited to the period commencing with the signing of this Contract and ending with the completion of the service or the termination or cancellation of this Contract.
Article 10 – PHOTOGRAPHY/RECORDING
10.1. No video or audio recording, broadcast, reproduction or distribution of any portion of the Public Personality's performance is permitted without the Public Personality's prior written permission.
Article 11 – PERMITS
11.1. The Client warrants and represents that it has obtained all necessary permits, approvals, licenses and waivers for the performance.
Article 12 – EXCLUSIVITY
12.1. The Public Personality will perform exclusively for the Client during the entire effective term of the services under this Contract unless otherwise agreed to in writing by the Client.
12.2. At the time of execution of this Contract, Public Personality is not bound by any contract with any third party that would prevent Public Personality from fulfilling the terms of this Contract.
Article 13 – FORCE MAJEURE
13.1. Neither party shall be liable for failure to perform its obligations under this Contract if such failure is due to any of the following causes: acts or regulations of public authorities, strikes, inclement weather, pandemics, interruption or delay of transportation services, natural disasters, or any other legitimate cause beyond the reasonable control of the Public Personality and the Client.
Article 14 – INDEMNIFICATION
14.1. The Public Personality is responsible only for its own conduct. The Client will indemnify Public Personality for any damage to Public Personality's Equipment caused by the Client, its agents or guests. The Client shall indemnify and hold Public Personality harmless for any property damage or personal injury resulting from the performance that is not directly caused by Public Personality.
14.2. The Client warrants and represents that it has, or will obtain, sufficient liability insurance for bodily injury and property damage with respect to the activities of the Client, its employees, agents or guests in connection with the performance.
Article 15 – DEFAULT
15.1. The occurrence of any of the following shall constitute a material breach of this Contract:
a. Failure to make a required payment when due;
b. The insolvency or bankruptcy of either party;
c. The subjection of any property of either party to levy, attachment, general assignment for the benefit of creditors, demand or sale for or by any creditor or governmental agency;
d. Failure to make available or provide the Services within the time and in the manner contemplated by this Contract.
Article 16 – REMEDIES
16.1. In addition to any other rights a party may have under law, if a party defaults by failing to substantially perform any provision, term, or condition of this Contract (including, but not limited to, failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party.
16.2. Such notice shall describe in sufficient detail the nature of the default.
16.3. The party receiving such notice shall have 7 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, failure to cure the defect(s) within that time period will result in the automatic termination of this Contract.
Article 17 – ENTIRE CONTRACT
17.1. This Contract contains the entire agreement between the parties, and there are no other promises or conditions in any other agreement or contract, oral or written, concerning the subject matter of this Contract.
17.2. This Contract supersedes any prior agreement or contract, written or oral, between the parties.
Article 18 – SEVERABILITY
18.1. If any provision of this Contract is held to be invalid or unenforceable for any reason, the remaining provisions shall remain valid and enforceable.
18.2. If a court finds any provision of this Contract to be invalid or unenforceable, but limiting that provision would make it valid and enforceable, then that provision shall be deemed to be written, construed and enforced in the manner so limited.
Article 19 – MODIFICATION
19.1. This Contract may be modified or amended in writing if the writing is signed by the party obligated by the amendment.
Article 20 – APPLICABLE LAW
20.1. This Contract shall be interpreted in accordance with the laws of the following Canadian province or territory: Alberta.
Article 21 – NOTICE
21.1. Any notice or communication required or permitted to be given under this Contract shall be sufficiently given if delivered personally or by certified mail, return receipt requested, to the address set forth in the opening paragraph of this Contract or to such other address as either party may have provided to the other in writing.
Article 22 – WAIVER OF CONTRACTUAL RIGHTS
22.1. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to enforce and subsequently require strict compliance with each provision of this Contract.
EXECUTION
SIGNATURES
_________________________________
________, Public Personality
_________________
Date
_________________________________
________, Client
_________________
Date
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