BAND PERFORMANCE CONTRACT
This contract (the "Agreement") is made on this day ________________________________,__________,between Event Organizer/Operator (the "Operator"), MELTING POT MUSIC SOCIETY and ___________________________________________(the "Band") for the hiring of Band as independent contractors to perform (the "Show") for Operator at BARNET PARK, SPARTANBURG, SC (the "Venue"), located at the following address: 248 EAST ST. JOHN STREET SPARTANBURG, SC 29302
It is agreed as follows:
1. Place, date, and time of Show. The parties agree that the time and place of Show will be at the following Venue, located at the address on the day of SATURDAY, OCTOBER 29TH from 11am until 11 pm.
2. Description of Show. Show will be a musical performance with FAMILY FRIENDLY musical content decided by Band. Your band, _______________________________________________________________, will perform minimum of 20 minutes and a maximum of 45 minutes, which will be determined when the band contract is finalized.
3. Payment. There will be no set compensation for the performance. Bands are asked to help promote the festival and their performance by selling $5.00 advance tickets for the festival, with the band keeping $3.00 per ticket and the Melting Pot Music Festival keeping $2.00 dollars per ticket. The Melting Pot Music Society and Melting Pot Music Festival will solicit stipends for performances, but this form of compensation will be based strictly on funds availability. Awarded stipends to the band will be dispersed after the fulfillment of the terms of the performance and/or return of any outstanding ticket funds.
4. Cancellation. If the performance is cancelled by the event organizers because of unforeseen and/or unavoidable circumstances, there may be some form of compensation for travel and/or accommodations if agreed upon before the performance is officially booked. If the performance is cancelled by the performing band for any reason, no payment or accommodation, in any form, is due the performing band.
5. Force Majeure. In the event Show cannot reasonably be put on because of unpredictable occurrences such as an act of nature, government, or other unusual occurrence, and this is conveyed at least 2 days before the performance, no fee is due the performing band in this case. As an alternative, the parties may negotiate a substitute Show on the same terms as this Agreement save for the time of Show, with no further financial obligations being due, in which case a new Agreement reflecting this will be signed by both parties. No further damages may be sought for failure to perform because of force majeure.
6. Band Guest Tickets. Only ONE person designated as the band manager will be allowed free access to the Melting Pot Music Festival.
8. Parking. Operator will secure sufficient parking for the band’s equipment vehicle within a reasonably convenient distance to Venue for a minimum period of 1 hour prior to the show and lasting until 30 minutes after the show, if necessary and whenever possible, based on the setup of the venue.
9. Sound Systems Check. A sound check conducted by Band of Venue's sound system is required, at a time to be mutually arranged between Band and Operator, if possible. There may be instances where sound check is not available and it is up to the event organizer to provide quality sound for performing bands. Any specifics relative to your band’s sound needs should be SPECIFICALLY and communicated in a TIMELY manner by your band’s representative.
10. Security, Health, and Safety. Operator warrants that Venue will be of sufficient size to safely conduct Show, that Venue is of stable construction and sufficiently protected from weather, and that there will be adequate security and/or emergency medical responders available if foreseeably necessary. Operator maintains sufficient personal injury/property insurance for Venue sufficient to cover foreseeable claims.
11. Indemnification. Band indemnifies and holds Operator/Event Organizers harmless for any claims of property damage or bodily injury caused by Show attendees.
12. 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 be 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.
13. 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.
14. Interpretation. Agreement will be interpreted according to the laws of South Carolina.
15. Riders. Nothing in Agreement shall prevent any rider from being added to Agreement that is favorable to Band, as judged by Band. All riders must be in writing and signed by the party against whom enforcement is sought.
The below-signed Band Representative warrants s/he has authority to 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: _______________________________________________________ Date: ___________________
Band's Representative typed name and title:____________________________________________ Date: ___________________
Band's typed name:_________________________________________________________________________ Date: ___________________
Operator's Representative Signature:_____________________________________________________ Date: ___________________
Operator's Representative typed name and title: ________________________________________ Date: ___________________