This is a Band Performance Contract between a Restaurant Venue and a Band.
BAND PERFORMANCE CONTRACT
This contract (the "Agreement") is made on this day of __________,____,between The Deck (the "Operator") and ______________________ (the "Band") for the hiring of Band as independent contractors to perform (the "Show") for Operator at The Deck (the "Venue"), located at 1601 Beach Street, Muskegon, MI 49441.
It is agreed as follows:
1. Place, date, and time of Show. The parties agree that the time and place of Show will be Venue, located at 1601 Beach Street, Muskegon, MI 49441, on these dates:
2. Description of Show. Show will be a musical performance with musical content decided by "Band". Show will last of a minimum of ____ hours.
3. Payment. Compensation for the Show will be __________ dollars, payable by check ("Fee"). An additional $25 Gift Card will be given to each band member at the beginning of the performance for the band to use as they like. Gift cards will be given to band members only.
4. Cancellation. Both Band and Operator understand possible weather conditions of the Venue. Performance may be canceled at the Operator's discression. If the Performance is canceled within 24 hours of the Performance there will be no Fee charged to the Operator. If the performance is canceled in less than 24 hours of the Performance 50% of the fee will be paid to the Band. If the Band plays more than 50% of the Performance and the Performance must end due to inclement weather 100% of the Fee will be paid to the Band. If the Band must cancel the Performance for any reason they must do so 14 days prior to the scheduled Performance date. Failure to do so may result in the Venue canceling future bookings and eliminating any bookings in following seasons.
5. Force Majeure. In the event Show cannot reasonably be put on because of unpredictable occurrences such as an act of nature, government, or illness/disability of Band no portion of Fee is due, and the parties may negotiate a substitute Show on the same terms as this Agreement save for the time of Show in which case a new Agreement reflecting this will be signed by the parties. No further damages may be sought for failure to perform because of force majeure.
6. Food and Drink. As stated above, Operator will provide Band with one $25 Gift Card per Band Member that may be used at the Band Member's discression. Water will be provided by venue. Band Members' food and drink items will be rang in to computer system by Venue's staff and must be paid for prior to Band's departure.
7. Parking. Operator will secure sufficient parking for Band's vehicle(s) within a reasonably convenient distance to Venue for a minimum period of 2 hours prior to the show and lasting until 1 hour after the show.
8. Sound Systems. Venue will not provide any sound equipment. Band must provide their own sound equipment.
9. Stage. Band will play on Pontoon Boat Stage. Venue provides three 20-amp circuits. The Band is welcome to visit the Venue prior to the date of the Performance. Venue will not provide shade or shelter over stage. Band may provide their own form of shelter or shade if they deem necessary.
10. Arbitration settles disputes. All claims or disputes by either party from or under this Agreement will be submitted to arbitration using the service located at URL resource locator: http://www.judge.me (the "Arbitration Service") and according to the rules of that Arbitration Service. Any court that would otherwise have had jurisdiction over the dispute will enforce both settlement by the Arbitration Service and any arbitration award. Parties will bear their own costs, save that any fee charged by Arbitration Service to submit the case to Arbitration Service may be recovered from the other party in a arbitration award.
11. 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.
12. Interpretation. Agreement will be interpreted according to the laws of The State of Michigan.
The below-signed Band Representative warrants s/he has authority to enforceably sign this agreement for Band in its entirety. The below signed Operator's Representative warrants s/he has authority to bind Operator and Venue (above).
Signature of Band Representative: ____________________
Band's Representative typed name and title: ________________________________________
Band's typed name: ___________________________________________________________
Operator's Representative Signature: __________________
Operator's Representative typed name and title: _____________________________________