This document is an entertainer/artist/promoter contract between a company and an artist or promoter. It outlines the terms of an event including the date, time, location, description of performance, payment amount, and general terms. The general terms specify requirements for the artist such as being ready to perform and not under the influence. It also covers cancellation policies, licensing, and indemnification. The contract must be signed by authorized representatives of both parties.
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Entertainer Artist Promoter Contract
This document is an entertainer/artist/promoter contract between a company and an artist or promoter. It outlines the terms of an event including the date, time, location, description of performance, payment amount, and general terms. The general terms specify requirements for the artist such as being ready to perform and not under the influence. It also covers cancellation policies, licensing, and indemnification. The contract must be signed by authorized representatives of both parties.
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{Company name} (PURCHASER)
ENTERTAINER /ARTIST / PROMOTER CONTRACT
The undersigned ARTIST OR PROMOTER and PURCHASER agree to the following terms and conditions for the Services described below:
1. Name under which ARTIST operates: _____________________________________________________________
Address______________________________________________________________________________________ Phone: _______________________________________ 2. Name under which PROMOTER operates: _________________________________________________________ Address: ____________________________________________________________________________________ Phone: ________________________________________ EID #: ________________________________________ (VENDOR # in DEFINE (abc123) ; NOT a SSN#) 3. Name of PURCHASER/DEPARTMENT: __________________________________________________________ Address: {Address} 4. Official Institutional Representative: _______________________________________________________________ Phone: _______________________________________ 5. Date(s) of Event: From: ___/___/___ To: ___/___/___ Description of Event: _____________________________________________________________________________________________ _____________________________________________________________________________________________ 6. Date(s) of Performance: From: ___/___/___ To: ___/___/___ Time of Performance: From: _______a.m./p.m. To: _________a.m./p.m. 7. Description of Performance and/or Service:_________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ 8. Place of Event/Performance:______________________________________________________________________ Address: ___________________________________________________________________________________ 9. Agreed Price: $_____________________________ {COMPANY} shall pay to Provider the agreed price for performance of the Services within thirty (30) days after performance upon {COMPANY}’s approval of Services in accordance with the Texas Prompt Payment Act, currently codified in Chapter 2251, Texas Government Code. 10. Special Requirements to ARTIST: _________________________________________________________________ 11. Special Requirements to PURCHASER:_____________________________________________________________
12. General Terms and Conditions:
A. It is understood that this Contract is binding on both parties. It cannot be altered or changed unless agreed to, in writing, by both parties. No oral representation, warranty, condition, or agreement of any kind or nature whatsoever shall be binding unless incorporated in this executed Contract.
B. Neither the ARTIST nor the PURCHASER shall be liable for failure to appear, present, or perform, if such failure is caused by or due to the disability or illness or accident of ARTIST, or acts or regulations of public authorities, labor difficulties, civil tumult, strike, epidemic, interruption or delay of public transportation service, acts of God, or any cause
1 beyond the reasonable control of either party. It is also agreed that both parties are to make their “best efforts” in order to present the program as scheduled.
C. ARTIST shall NOT arrive at the performance site noticeably under the influence of intoxicating beverage, narcotics, or illegal drugs. ARTIST is ready, willing, and able to perform this show.
D. The ARTIST or his Road Manager shall call the PURCHASER: ________________________ office phone: ________________ home phone: _______________, or cell phone: _______________, between the hours of ____ a.m. and _____ p.m. preceding the performance, stating time of arrival, place of lodging, mode of transportation, and name under which lodging will be registered. Within forty-eight (48) hours of the event, the ARTIST or his Representative shall provide PURCHASER with information regarding time of arrival, if available. A good quality show is predicated on excellent communication between ARTIST/PROMOTER and PURCHASER.
E. If a rehearsal or sound check is required, the ARTIST must be at the performance site no later than four (4) hours before scheduled performance. If no rehearsal or sound check is necessary, the ARTIST may be present sixty (60) minutes prior to performance. All rehearsals and sound checks must be completed at least sixty (60) minutes prior to performance.
F. Transportation and housing arrangements will be made by the ARTIST unless the PURCHASER agrees, in writing, to take care of such prior to the engagement. The PURCHASER will not be responsible for transporting any persons or equipment unless specified in this Contract beforehand. At the request of ARTIST or his manager, PURCHASER will make rental arrangements for the ARTIST at ARTIST’s expense.
G. No deposits or advance payments shall be made prior to the conclusion of the engagement. Payment will be made by University check as per provisions in Item No. 9.
H. The PURCHASER is not responsible for any equipment or service not specifically stated in this Contract.
I. The sale of ARTIST’s records, photographs, or souvenirs, preceding, during or following the performance(s) by the ARTIST is strictly forbidden unless agreed to, in writing.
J. Subject to ARTIST’S approval and availability, ARTIST agrees to allow full coverage of the speeches/performances by the news media, including television and radio as prescribed by the Board of Regents of The University of Texas System Rules and Regulations. Any taping will be done for the purpose of public information and/or historical record and not for commercial use. This should not interfere with artist’s performance. Should any portion of performance be broadcast by PURCHASER, PURCHASER is obligated to obtain all third party securities and licenses at PURCHASER’S cost.
K. PROMOTER is authorized by the ARTIST to execute this Contract for the ARTIST for his engagement at the time and place specified in this Contract.
L. The Representative(s) of {Company name} in signing this Contract warrants that s/he signs as a properly authorized Representative(s) and does not assume any personal liability for meeting the terms of this Contract.
M. In the event of any conflict, inconsistency, or incongruity between the provisions of any attached Rider or Addendum, the provisions of this executed Contract shall govern and control.
N. It is understood that no provision of this Contract shall be in violation of state, federal, local laws, or the regulations governing The University of Texas System.
O. Indemnity. PROMOTER will indemnify and hold harmless PURCHASER and its officers, agents, and employees for all claims, causes of action, and judgments for the death or injury of any person and the damage to property that arise, directly or indirectly, from the intentional or negligent act or omission of ARTIST, PROMOTER, or the Officers, Agents, Employees, or guests of ARTIST or PROMOTER during the use or occupancy of PURCHASER’s premises for the Services and purposes related to the Services.
P. Representations and Warranties by PROMOTER. If PROMOTER is a corporation or a limited liability
company, PROMOTER warrants, represents, covenants, and agrees that it is duly organized, validly existing and in good standing under the laws of the state of its incorporation or organization and is duly authorized and in good standing to conduct business in the State of Texas, that it has all necessary power and has received all necessary approvals to execute 2 and deliver the Agreement, and the individual executing the Agreement on behalf of PROMOTER has been duly authorized to act for and bind PROMOTER.
Q. Franchise Tax Certification. A corporate or limited liability company PROMOTER certifies that it is not currently delinquent in the payment of any Franchise Taxes due under Chapter 171 of the Texas Tax Code, or that the corporation or limited liability company is exempt from the payment of such taxes, or that the corporation or limited liability company is an out-of-state corporation or limited liability company that is not subject to the Texas Franchise Tax, whichever is applicable.
R. Eligibility Certification. Pursuant to Section 2155.004, Texas Government Code, PROMOTER certifies that the individual or business entity named in this Agreement is not ineligible to receive the award of or payments under this Agreement and acknowledges that this Agreement may be terminated and payment withheld if this certification is inaccurate.
S. Payment of Debt or Delinquency to the State. Pursuant to Sections 2107.008 and 2252.903, Texas Government Code, PROMOTER agrees that any payments owing to PROMOTER under this Agreement may be applied directly toward any debt or delinquency that PROMOTER owes the State of Texas or any agency of the State of Texas regardless of when it arises, until such debt or delinquency is paid in full.
T. Texas Family Code Child Support Certification. Pursuant to Section 231.006, Texas Family Code, PROMOTER certifies that it is not ineligible to receive the award of or payments under this Agreement and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate.
U. Entire Agreement; Modifications. The executed Agreement supersedes all prior agreements, written or oral, between PROMOTER and University and shall constitute the entire Agreement and understanding between the parties with respect to the subject matter hereof. The Agreement and each of its provisions shall be binding upon the parties and may not be waived, modified, amended or altered except by a writing signed by University and PROMOTER.
By initialing here _____, I represent that I am a citizen of the United States. If not, OIP approved FORM C must be attached, with substantiating documentation (e.g. J1 letter or copy of front/back of Visa card) not withstanding routing requirements in effect.
Name: Title: Associate Vice President for Administration
DEPARTMENT AUTHORIZATION
By: _______________________________________ Date:
Name: ____________________________________ Title:
FOR DEPARTMENT USE ONLY:
3 In lieu of an invoice by the provider, this department confirms that the services as described above (as a participant) have been delivered and completed to the satisfaction of the department. (Original receipts are still required for reimbursement)
_______________________________________ ________________________________ Signature of person preparing Form and submitting VP2 Date
_____________________________________________ Printed name of preparer