Contract - Dazzle Entertainment

This Entertainment Contract (hereinafter referred to as the “Contract”) is entered into and shall be effective as on [Date] (hereinafter referred to as the “Effective Date”)

By and Between

Dazzle Entertainment LLC (hereinafter referred to as the “Entertainment Company”), officially located at PO Box 880265, Pukalani HI 96788, and;

[Event Client Name] (hereinafter referred to as the “Client”), having its principal place of business at [Address].

The Entertainment Company and the Client are collectively referred to as the “Parties” and individually as “Party”.

WHEREAS the Client desires to hire the Entertainment Company as an independent contractor to engage and entertain the audience at the [Venue] for the [Event Name] (hereinafter referred to as the “Event”) being held on the [Effective Date].

AND WHEREAS the Entertainment Company agrees to perform and deliver a performance of [Music/Dance/Singing/Any other performance type] (hereinafter referred to as the “Entertainment Service”).

NOW, THEREFORE, in consideration of the mutual covenants and commitments contained herein, the Parties do hereby agree as follows.

Terms and Conditions

1. Event Description
The purpose of the Event is to [Mention the Purpose]. The Entertainment Company agrees to provide its services at the following venue and time:

Event Date: [Date]
Event Venue: [Address]
Estimated Start Time: [Time]
Estimated End Time: [Time]
[Mention any other details required]

2. Entertainment Company’s Responsibilities
The Entertainment Company shall have the following responsibilities during the term of this Contract:

The Entertainment Company shall arrive at the venue at least [Mention time] before the starting of the Event to set up the equipment and conduct a soundcheck.
The Entertainment Company shall refrain from using foul language or any such morally unacceptable act or display.
The Entertainment Company shall adhere to the decorum of the Event.
[Add More]

3. Compensation
As full compensation for the services, the Client shall pay the Entertainment Company an amount of $[0.00] (hereinafter referred to as the “Performance Fee”). In consideration of this fee, the Entertainment Company shall engage the audience at the Event for [Number of Hours].

The Entertainment Company charges a booking fee of $500 or 20% of the Talent Fees, whichever is greater. Nonprofit Clients may receive a lower booking fee.

Upon the signing of this Contract, the Client shall pay a non-refundable deposit of $[0.00] to the Entertainment Company (hereinafter referred to as the “Deposit”). This deposit will be deducted from the Performance Fee and will be shown in the final invoice statement provided by the Entertainment Company to the Client.

Upon the completion of the Event, if the payments are not made within [Number of Days], the Entertainment Company shall have the option to consider the Client in breach of this Contract and claim a late penalty of $[0.00].

The Entertainment Company agrees that the Performance Fee is inclusive of all expenses such as accommodation, travel, meal, and any other expenses incurred by the Entertainment Company in connection with this Contract.

The payment shall be made in USD through [Cash/cheque/credit card].

4. Term
This Contract shall start on the Effective Date and shall continue until the termination or completion of the Event. However, certain clauses as per their nature shall continue to oblige the Parties as stated therein, such as the Confidentiality, Intellectual Property, Arbitration, and such other clauses.

5. Termination
This Contract may be terminated by:

1. Either Party upon [Number of Days] days prior written notice to the other Party, with or without cause;
2. Either Party upon the breach of any terms mentioned herein by the other Party, if the other Party doesn’t cure the breach within [Number of Days] days of the receipt of written notice of the breach;
3. The Client, if the Entertainment Company fails to comply with the reasonable directives of the Client;
4. The Entertainment Company, if the Client doesn’t pay the deposit or the remainder of the Performance Fee within [Number of Days] days after sending written notice to the Client.
The Contract shall be terminated upon the completion of the Event or upon an express cancellation by either of the Parties.

6. Intellectual Property
Any proprietary information shared by the Entertainment Company during the tenure of the Contract is rightfully the Entertainment Company’s existing intellectual property. The Client shall not claim any ownership over such intellectual property. However, ownership may be claimed only if the Entertainment Company agrees in writing, to transfer such rights to the Client.

7. Recording
The Client may record all or part of the Entertainment Company’s performance. The master copy of the recording shall reach the Entertainment Company within [Number of Days] days after the Event ends. The Client shall keep the recording for internal use only and shall not sell these copies. Should the Client wish to make other recording or distribution arrangements, the Client shall seek written permission from the Entertainment Company.

8. Personal and Technical Assistance
The Client shall provide the Entertainment Company with the necessary personal and technical assistance required during the Event. The Entertainment Company requires the following requirements in order to provide Entertainment Services:
1. Personal Requirements
1. [List the personal requirements required by the Entertainment Company]
2. Technical Requirements
1. [List the technical requirements required by the Entertainment Company]

9. Relationship of the Parties
The Client is hiring the Entertainment Company as an Independent Contractor. Both Parties shall not establish any partnership or employer-employee relationship.

10. Limitation of Liability
The services to be performed during the Event under this Contract shall be performed entirely at the risk of the Client, and the Client assumes all responsibility for the condition of the Venue. The Entertainment Company shall not be liable for any indirect, incidental, special, and consequential damages arising out of this Contract.

11. Confidentiality
During the term of this Contract, the Client shall share all the information related to the Event and other confidential information to the Entertainment Company to conduct the performance. The Entertainment Company shall not disclose any of the shared information at any time to third parties or for personal benefit.

12. Representation and Warranties
Representations
1. The Entertainment Company hereby represents to have the expertise, knowledge, and experience needed to render the said Entertainment Service.
2. Both the Parties agree to uphold all the laws and legal requirements of the state of [State].
3. In addition, the Entertainment Company shall conform to moral, ethical, and other required standards pertaining to the nature of the entertainment Service in course of executing all the obligations and services under this Contract.
Warranties
1. The Entertainment Company warrants to render the said Entertainment Service in the most efficient and timely manner.
2. The Entertainment Company shall take special care that all the obligations mentioned in the Entertainment Company’s Responsibilities clause are executed while providing the Entertainment Services.
3. The Client acknowledges that the Entertainment Company shall not be held responsible for any hindrance or human error arising during or due to the performance which is out of the capacity of the Entertainment Company to absolutely avoid, such as hindrances from the audience, technical glitches, etc.

13. Exclusivity
The Entertainment Company shall perform exclusively for the Client throughout the actual period of services arising out of this Contract.

14. Grant of Rights
The Entertainment Company grants the following rights to the Client:

1. The right to use and publish the Entertainment Company’s name and photographs for advertising purposes in connection with the Event mentioned in this Contract.
2. [Add more rights]

15. Indemnification
Both Parties agree to indemnify and hold each other harmless for any losses, damages, or liabilities, without limitation.

16. Arbitration
In the event of any dispute arising in and out of this Contract between the Parties, it shall be resolved by Arbitration. There shall be [Number of Arbitrators] which shall be appointed by [Party(s) Name]. The place of Arbitration shall be [Venue of Arbitration] and Seat shall be [State]. The Arbitrators’ decision shall be final and will be binding upon both Parties.

17. Miscellaneous
1. Assignability: Neither Party may assign this Contract or the rights and obligations thereunder to any third party without the prior express written approval of the other Party which shall not be unreasonably withheld.
2. Notices: Any notice required to be given to the Client shall be delivered by certified mail, personal delivery, or overnight delivery paid for by the Entertainment Company.
3. Force Majeure: Neither Party shall be liable for any failure in performance of the obligation under this Contract due to cause beyond that party’s reasonable control (including and not limited to any pandemic, fire, strike, act or order of public authority, and other acts of God) during the pendency of such event.
4. Modification: No modification of this Contract shall be made unless in writing, signed by both Parties.
5. Severability: If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, all other terms will remain in full force and effect until the contract termination.
6. Governing Law and Jurisdiction: This Contract shall be governed following the laws of the [State/Court/Region]. If the disputes are not resolved by arbitration, it shall be resolved by litigation in the courts of the [State/Court/Region] including the federal courts therein. The Parties consent to the jurisdiction of such courts and agree to accept service of process by mail and hereby waive any jurisdictional or venue defences otherwise available to it.
7. Legal and Binding Contract: This Contract is legal and binding between the Parties as stated above. This Contract may be entered into and is legal and binding in the [State/Court/Region]. The Parties each represent that they have the authority to enter into this Contract.
8. Entire Contract: This Contract constitutes the entire understanding of the Parties, and revokes and supersedes all prior contracts between the Parties, and is intended as a final expression of their Contract. It shall not be modified or amended except in writing signed by the Parties hereto and specifically referring to this Contract. This Contract shall take precedence over any other documents which may conflict with this Contract.