Sample Contract
CONFIRMATION BY PURCHASER: On this date, I, \S\, __________________________________________, have read and understand the conditions of this Agreement and am hereby bound by its terms.
ELECTRONIC CONTRACT FOR MUSICAL SERVICES
WHEREAS THIS CONTRACT (“Agreement”) is for the personal services of Daniel J. Burbine, the TurboPianist (“Artist”), for the Engagement so described below, made by and between ______________________________ (“Purchaser”) (collectively, the “Parties”) and Artist, and, that in consideration of (i) the covenants and agreements herein expressed and of (ii) the faithful performance by Artist of all said covenants and agreements, Artist represents that he has been bound by the following terms and conditions:
1. Terms and Conditions of Engagement:
- Place of Engagement:
- Date(s) of Engagement:
- Hours of Engagement:
- [Note: The exact start/end times noted for the Engagement are firm and cannot be modified except as stipulated by the Parties in a mutually executed addendum to this Agreement. Due to other possible ensuing engagements, lateness or any other mitigating circumstances or factors on the part of Purchaser (or agents of Purchaser) on the date of the
Engagement other than those Force Majeure factors as elucidated at Clause 7 herein shall not constitute sufficient cause to alter the hours of Engagement whatsoever. Performance overtime is solely at the discretion of Artist. Unless otherwise stipulated, Artist will perform as follows: forty-five (45) minute sets punctuated by 15 (fifteen) minute breaks.] - Type of Performance: _____________________________________ [Note: Bookings for wedding ceremonies do not automatically include prior rehearsals. Be sure to specify if (a) rehearsal(s) is/are to be included in this Agreement. If Artist is available for any and all rehearsals, which is solely at Artist’s discretion, additional charges will apply.]
2. Payment Terms: The total compensation for services to be rendered is $_____________. $___________ is due upon agreeing to this contract as a good faith deposit in order to secure the terms and conditions of this Agreement (Artist will call for credit card information; please do not transmit your credit card information with this confirmation via email). The balance is due upon completion of Engagement. All payments must be made in cash, certified funds, or by major credit card (Visa, MasterCard, American Express, or Discover). NO PERSONAL CHECKS ARE ACCEPTED. If payment is not made as provided herein, Purchaser is responsible for all costs and expenses, including, but not limited to, attorneys’ fees and legal expenses, if any, incurred by Artist in collecting the amount owed, whether or not suit is either commenced or subsequently maintained. Said costs, expenses and attorneys’ fees shall also include without limitation any such costs, expenses and fees in any proceeding under any present or future bankruptcy act or state-level receivership.
3. Additional Terms and Conditions:
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
4. Cancellation: This Agreement may not be canceled for any reason or at any time by Purchaser. Payment is due according to the payment schedule set forth in Clause 2 above even if the Engagement for which Artist was retained is canceled for any reason by the Purchaser other than those Force Majeure factors as elucidated at Clause 7 herein. Purchaser understands that this is a personal services contract and Artist will not be offering his services to anyone else for the date/time slot of the Engagement set forth above in reliance on this Agreement to perform for the Purchaser.
5. Relationship: Artist is retained by Purchaser only for the purposes and to the extent set forth in this Agreement, and Artist’s relationship to Purchaser during the period of this so-described Engagement shall be that of independent contractor and not that of employee of Purchaser for any purpose whatsoever.
6. Jurisdiction: In accordance with the laws of ______________, the Parties will submit every claim dispute, controversy or difference involving the musical services arising out of or connected with this Agreement and the Engagement covered hereby for a determination and said determination shall be conclusive, final and binding upon the Parties. In connection with the foregoing, the Parties do hereby consent to the jurisdiction of the courts of ____________________.
7. Force Majeure: If a performance is prevented, rendered impossible or unfeasible, by sickness, inability to perform, any act or regulation of any public authority or bureau, civil tumult, active military duty call-up, strike, epidemic, interruption in or delay of transportation services/routes, weather, terrorism, power outages, war conditions, states of national, regional or local emergency, or any cause beyond the control of Artist, it is understood and agreed that there shall be no claim for damages by either party to this Agreement and Artist’s obligation as to such performance shall be deemed waived and any monetary deposit shall be returned to Purchaser. Provided, however, if such inability is caused or contributed to by Purchaser, Purchaser’s obligation to make payment as provided in Clause 2 above shall not be waived and Purchaser shall be liable for the amount due and owing Artist.
8. Indemnity: Both Parties agree to indemnify, defend and hold the other harmless from and against any and all claims, costs or liability for damage, injury to any person or property during Artist’s Engagement, including, if any, time of set up and take down of musical equipment.
9. Repertoire: Performance selections are limited to those musical selections as posted and frequently updated on the bottom of the homepage of the website, www.turbopianist.com. If germane, representations of Artist’s Wedding Ceremony and/or special holiday selections will be sent to Purchaser via email once this Agreement is formalized. In both cases, any requests for musical selections not included in the above media will be @ $20.00 per selection and will be assessed onto the balance due.
10. Entire Agreement/Formalization/Assignment: This Agreement inures to the benefit of the Purchaser and constitutes a complete and binding Agreement between the Parties. No other understandings or representations, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind either of the Parties hereto. The Agreement will be formalized upon Artist’s email confirmation receipt from Purchaser and monetary deposit from Purchaser. Agent of Purchaser, if any, covenants that he or she is legally warranted to enter into and execute contracts on behalf of Purchaser. It is understood and agreed upon that neither of the Parties hereto shall assign, sublet or transfer any interest in this Agreement without written consent of the other Party.
PURCHASER:
ADDRESS:
TEL. #(s):
EMAIL:
ARTIST: \S\ Daniel J. Burbine
The TurboPianist
Phone: (202) 437-3390
turbopianist@turbopianist.com
www.turbopianist.com