Boots Off Burly Brawl: An Improv Competition
THE CURE LOUNGE - LOUISVILLE, KY - April 13, 2018
HEADLINER AGREEMENT CONTRACT
This Agreement is made and entered into this [DATE] by and between [YOUR LEGAL NAME](Government Name of “Performer”) and Ethel Loveless in representation of Boots Off Burlesque (“Purchaser”), hereafter known as "Purchaser."
WHEREAS, the Performer has submitted to the Purchaser a proposal for the performance of certain services; and WHEREAS, the parties hereto desire to reduce the terms of this Agreement in writing as follows.
NOW, THEREFORE, for and in consideration of the mutual promises to each other, as hereinafter set forth, the parties hereto do mutually agree as follows:
1. Purchaser’s Duties.
Purchaser agrees to contract the Performer for services as an entertainer for the Purchaser, which the event will begin on Friday April 13, 2018. Purchaser agrees to the terms and conditions of the engagement and compensation for the Performer as set forth below in paragraphs 2 and 4.
Purchaser agrees to provide a stage/show area, dressing area, compensated access to main venue event, and the possibility of networking opportunities and local press opportunities.
2. Performer’s Duties.
Performer agrees to provide entertainment services and to perform the engagement according to the terms and conditions as set forth below:
A. The Performer will provide a live theatrical act (“Performance”) as agreed upon and detailed via Google Forms and email.
B. The Performer will provide his/her entertainment services on Friday April 13, 2018 and the time of the engagement is 6:00pm-12:00am. If Performer is more than 30 minutes late Performer will be assessed a lateness fee of $20 by Purchaser.
C. The type of engagement for Performer’s entertainment services is performing a burlesque/variety act and acting judge for competition.
D. Performer will clean up any remaining personal items or messes on stage and dressing area after the event or be assessed a $20 cleaning fee by Purchaser.
3. Approval of Other Performers.
Both parties agree that the appearance of any/other act(s) on the same bill as Performer will be subject to joint approval of Purchaser and Performer. Further, Performer agrees that substitute performers will not replace or perform with Performer unless such request is approved in advance by Purchaser.
For the entertainment services described above and travel expenses, Purchaser shall provide the Performer with a flat fee of $300 to be paid in cash after the event.
5. Independent Contractor.
Performer is an independent contractor and is not an employee of the Purchaser. Performer is responsible for all wages, payroll tax withholdings, workers’ compensation coverage and unemployment compensation coverage for other employees or individuals who are part of Performer’s group.
6. Illegal Substances/Alcohol.
Performer agrees not to use or be under the influence of illegal substances or be visibly under the influence of alcohol while performing.
If Performer is performing a high risk act such as sideshow or aerial acrobatics, no alcohol may be consumed by Performer.
Absolutely no illegal substances will be permitted at the venue.
Drunkenness, obvious influence under any mind-altering substance or suspicion of influence under any mind-altering substance will be grounds for immediate termination and removal from the event without pay.
7. Subject Matter.
Performer agrees to perform acts that are outlined in their tech form submitted via Google and approved by the Purchaser. If such acts are presented that were not approved by Purchaser, in Purchaser’s sole discretion, the Purchaser may immediately terminate the performance.
Performer may not display their nipples, labia, vulva, pubic hair, penis, testicles, or anus in their performance.
In the event Purchaser terminates the performance of Performer because of violation of this paragraph, or if the Performer presents an act not approved by the Purchaser, the Purchaser then will terminate payment for Performer’s services.
8. Non-Compete Covenant.
For a period from April 8, 2018 through April 14, 2018 Performer shall not perform or promote other burlesque events in a 75 mile radius of Louisville, Kentucky or Jefferson County, other than with the Purchaser, or its promoters, affiliates, or sponsors.
Performer’s involvement with the event will be advertised throughout Kentucky and all relationships while in Kentucky from the dates mentioned above will be contractually identified with Purchaser. The Performer will not directly or indirectly engage in any business that competes with Purchaser during the above mentioned time frame. This covenant shall apply to the geographical area that includes the area within a 75 mile radius of Lousiville, Kentucky or Jefferson County.
Performer agrees to share all posts relating to event made by Boots Off Burlesque on Facebook. Performer agrees to post the event digital marketing materials on its online social networks including Facebook Timelines, Facebook Fan Pages, Instagram, Twitter, tumblr, and personal websites and using the hashtags detailed in the performance informational email sent from firstname.lastname@example.org.
Performer agrees to invite at least 100 patrons to the Event Page on Facebook by no later than 10 PM EST on Wednesday, February 28, 2018.
Failure to promote the event will result in a $20 fine to Performer.
In submitting to participate in this event the Performer grants Boots Off Burlesque and its assignees irrevocable permission to use the Performer's name, likeness and performance for unlimited promotional use via all media types in perpetuity forever in the universe.
A. This Agreement is subject to immediate termination upon written notice to the other party in the event of sickness, accidents, weather, riots, strikes, epidemics, acts of God, or any other legitimate conditions beyond the Purchaser’s or Performer’s control. In the event this Agreement is terminated pursuant to this paragraph, Purchaser shall not be obligated to compensate or make any payments to Performer.
B. If the Performer has to cancel its obligation to Purchaser for reasons other than stated above, a five (5) day advance notice in writing must be submitted to Purchaser, in order to give ample time to replace the Performer’s act. In the event this Agreement is terminated pursuant to this paragraph, Purchaser shall not be obligated to compensate or make any payments to Performer.
Venue, Purchaser and affiliates shall be responsible for collecting all funds for the Performance, at a rate of $20 per patron.
No guests of Performer will be permitted to the event without paying admission or written agreement from Purchaser.
Performer acknowledges the risks involved with their performance. Performer and its agents, employees, successors and assignees, agree to indemnify, hold harmless, protect and defend Boots Off Burlesque, Purchaser and her agents, volunteers, attorneys, and employees from all claims, attorneys’ fees and court costs, out-of-pocket expenses for all occurrences of personal injury, patron injury, theft, loss, damages (including compensatory and punitive damages) and liabilities, arising from or relating to the Performer’s presentation of the Performance or to its obligations under this Agreement. This indemnification provision shall survive the expiration or termination of this Agreement.
13. Technical Requirements.
The parties shall discuss and agree upon the technical aspects of Performer’s performance. Such technical aspects will be summarized on an Information sheet which will be submitted by the Performer via Google.
Any performer requiring tie points, aerial rigging, or special stage set up for physically taxing, high-risk or extreme acts will be required to install, test, and inspect their own equipment, and provide proof of insurance totaling not less than $1,000,000 coverage.
14. Complete Contract.
This is a fully integrated contract. It is further understood that this Agreement contains the whole Agreement between Performer and Purchaser and this document supersedes any other terms, agreements, obligations, covenants, representations, statements or conditions, oral or otherwise or any kind whatsoever concerning this contract, not expressly set forth herein. Furthermore it is understood and agreed that this contract may not be changed, modified, or altered except by mutual agreement of both parties. All changes to the contract for this engagement must be signed by authorized signatories of both parties.
This Agreement may not be assigned without the written consent of the other party. This Agreement shall be binding upon and inure to the benefit of, and shall be enforceable by and against the parties and their successors and assigns.
16. Governing Law.
This Agreement shall be governed by and construed exclusively in accordance with the laws of the Commonwealth of Kentucky, Jefferson County, and the City of Louisville. If any term or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law governing this Agreement, the validity of the remaining portion shall not be affected thereby.
Each party hereby certifies that it has all necessary authority to execute and deliver this Agreement and to perform its obligations hereunder. Upon execution, this Agreement will be a valid and binding obligation of each party and enforceable in accordance with its terms.
IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate originals, one of which is retained by each of the parties, through the authorized representatives whose signatures appear below.
PURCHASER: Ethel Loveless of Boots Off Burlesque
PERFORMER STAGE NAME: [STAGE NAME]
PERFORMER LEGAL NAME: [LEGAL NAME]