Performance Agreement Purple Moon Rooftop 2019

  • Date Format: MM slash DD slash YYYY
  • BETWEEN

    Studio at 550, Inc.

  • (the “Client”)

    OF THE FIRST PART

    -AND-

  • B. The Client wishes to engage the Performer subject to the terms and conditions as follows: Definitions
    1. “Gross Ticket Sales” mean the total of all proceeds collected or resulting from the Performance.
    2. Business Address of the Performer The Performer will be represented by a group leader (the “Group Leader”). Any payment by check or PayPal should be made payable to the Group Leader. The Performer's business address is as follows: Group leader: Address: PayPal email:
    3. Business Address of the Client The Client's business address is as follows: Address: 550 Massachusetts Ave., Cambridge, MA 02139 Email: callie@studioat550.org
    4. Venue The place of performance (the “Venue”) Name: Studio at 550 Address: 550 Massachusetts Ave., Cambridge, MA 02139 Telephone: (617) 863-2550
    5. Performance The performance to be provided by the Performer is generally described as Rooftop@550 (the “Performance”).
    6. Date and Time of Performance The Performance will consist of one show on the date and between the times indicated in the table below and the Venue will be available for set-up and technical rehearsal also indicated in the table:  
      Set-up Time and Date Date of Show Start Time End Time
      5pm July 21, 2019 8pm July 21, 2019 08:00:00 PM 10:30:00 PM
    7. Rain Date Due to the nature of the Performance being held outside, a rain date is scheduled for July 22, 2019. Performer agrees to also hold this date to be available in addition to the original Performance date.
    8. Atmosphere during the Performance The Performance atmosphere may include other performers or artists work happening simultaneously with the Performers Performance time. These other “acts” may not interfere with the sound of the Performers, but may be visual including: dancing performance, light show, and/or video projection.
    9. Content of Performance The Performer will perform cover songs of Pink Floyd and assumes all responsibilities for copyrights and licenses of those songs. The Performer is contracted to perform a musical act and may bring appropriate musical instruments for this purpose as well as appropriate seating, stands, extension cords, and cables. The Client will provide atmosphere for the Performance which may include: theatrical lighting, video projection, string lights, and other atmospheric elements. These elements should not interfere with the Performer's ability to perform their musical act. The Client may choose to introduce the Performer and will use the name on this contract indicated in item “A”.
    10. Payment In full consideration for all services rendered by the Performer at the Performance, the Client agrees to pay the Performer 50% of Gross Ticket Sales (the “Fee”) after the threshold of $200 is met due to a shared bill. If there are no other performers at the Performance, the Performer will receive 100% of the gross ticket sales after the $200 threshold is met.
    11. The Client will charge admission to the Performance at the price of not less than $15.00 USD per person in advance or at the door for artists/students/seniors and $20.00 USD for general audience. The Client may also permit free admission at its own discretion including requested free admission from the Performer.
    12. All ticket sales will go through the Client via their website or to be collected at the door by the Client. The Performer may not sell their own tickets to the Performance.
    13. The Client agrees to provide the Performer with reasonable access to accounting records demonstrating the gross receipts relating to the Performance.
    14. Performer Expenses The Performer agrees that the Fee is inclusive of all expenses, accommodation, holiday entitlements, traveling expenses to and from the Venue and covers any costs whatsoever incurred by any of the members individually or collectively as a group, except as expressly provided in this Agreement.
    15. Payment of Balance Promptly after the last show on the final date of the Performance, the Client will pay the Performer any outstanding balance of the Fee in check, or PayPal payment.
    16. Cancellation The Performer reserves the right to cancel this Agreement without obligation upon written notice to the Client prior to July5, 2019.
    17. The Client reserves the right to cancel this Agreement without obligation upon written notice to the Client prior to July5, 2019.
    18. Force Majeure Neither the Performer nor the Client will be held liable for any failure to perform is obligations under this Agreement where such as breach is due to any of the following: acts or regulations of public authorities, labor difficulties or strike, inclement weather, epidemic, interruption or delay of transportation service, acts of God, or any other legitimate cause beyond the reasonable control of the Performer or Client.
    19. Sickness and Accidents The Performer agrees to meet its obligations under this Agreement subject to legitimate incapacity by sickness or accident.
    20. Publicity of the Performance All images/photos, descriptive text, logos, which represent the Performance will be provided by the Client no later than July 13, 2019. Such materials (for web or print) will be used as publicity for the Performance. The Performer may use their own images, text, logos to publicize the performance, however the Client must be clearly represented alongside the publicity by using the supplied marketing materials. The Performance title “Rooftop@550” must also be accurately present when representing the Performance by the Performer. The supplied marketing materials may not be altered in any way including: changing the aspect ratio, changing the colors, cropping, downsampling to the point where pixelation is noticeable to the naked eye at a 1:1 ratio, or any other manipulation that obscures, distorts, or otherwise is not in line with the Client's branding and in compliance with its style guide. Upon request, the Performer will supply the Client with publicity images, biographies of the individual performers, biography of the group, and/or social media presence identification as well as a website address for use of publicity on the Client's website, social media posts, and emails.
    21. Merchandising The Performer may offer CDs, tapes, digital downloads, and other such items for sale at the Performance. The Client will provide a suitable area with reasonable visibility and accessibility to facilitate merchandising. The Performer is responsible for the security and collecting payment for said merchandise.
    22. Exclusivity The Performer will perform exclusively for the Client throughout the actual period of services of this Agreement unless otherwise provided by the Client in writing. The Performer at the time of signing this Agreement will not be under any contract to a third party that might preclude the Performer from fulfilling the requirements of this Agreement.
    23. Indemnification The Performer is responsible only for its own conduct. The Performer will be compensated by the Client for any and all damage done to the Performer's equipment by the Client. The Performer is responsible for any and all damage done to the venue.
    24. Governing Law This Agreement will be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts. The Client and the Performer each submit to the jurisdiction of the courts of the Commonwealth of Massachusetts for the enforcement of this Agreement or any other arbitration award or decision arising from this Agreement.
    25. Covenant of Good Faith and Fair Dealing The Client and the Performer agree to perform their obligations under this Agreement, in all respects, in good faith.
    26. No part of the Performance may consist of acts in violation of any local laws, codes, statutes, ordinances, regulations, rules or any other requirements including building and fire regulation. If the Performer violates this section, the Client may immediately cancel the Performance and this Agreement.
    27. The Performer's representative warrants that by signing this Agreement it has the authority to bind the Performer to the terms and conditions of this Agreement.
    28. The Client will be responsible for providing 2 15A circuits for the exclusive use of the Performer.
  • Date Format: MM slash DD slash YYYY