*Terms and Conditions*
All Performers please note. If you are not selected this time please do not get discorged, Priddaho recives many applications and unfortunitly we can only select a few performers. We strongly encourage you to reapply in the fowlling events. Please also note this performance will be assinged to you as well as your time slot.
As you are aware, there are many details that go into booking an artist so please understand that this booking form serves as an invitation only. This does not constitute a confirmation of artist appearance or performance. It will assist us in making the best decision possible while doing all that we can to meet your request. Thank you!
THIS CONTRACT (the "Agreement") made and entered into this __day of _ (the "Execution Date"),
BETWEEN Priddaho Pride Festival 2021 and said Performer
The Performer is a professional entertainer known as the name listed on application above. This name chosen was solely done by the performer and in no connection with Priddaho or any affiliates of Priddaho. There is no sole relations to the names of the said performer or Priddaho.
The Client wishes to engage the Performer subject to the terms and conditions as follows:
IN CONSIDERATION OF and as a condition of the Client hiring the Performer and other valuable consideration, the receipt and sufficiency of which consideration is acknowledged here, the parties to this Agreement agree as follows:
Business Address (Listed Above)
Any payments by Debt or money order should be made out to __________
The Performer's business address is as follows: Priddaho will most likely pay pal you the money if not we will use the listed address. Or we will make cash sale to said performer.
The Client's business address is as follows:
Address: 1438 Ashment Ave Idaho Falls ID 83404
Telephone: (208) 881-1681
The place of performance (the "Venue") is located at:
Name: Priddaho Pride Festival 2021
Address: Bannock County Event Center
Telephone: (208) 881-1681
The entertainment to be provided by the Performer is generally described as Priddaho Pride Festival 2021 (the "Performance").
Date and Time of Performance
The Performance will consist of at least two time slots but is not gurenteed on the date and between the times indicated at the Venue. The sheet will be available for at due time for all performers. If set-up and sound check at the date and time will be on said date of performances.
In full consideration for all services rendered by the Performer at the Performance, the Client agrees to pay the Performer a fixed fee of whatever was agreed on USD (the "Fee"). We will put in writing if you need it.
The Client will furnish at its sole cost and expense the ground transportation for the Performer for all needs related to the Performance.
The Client will provide at its sole cost and expense airline tickets for the Performer to and from the Venue.
The Performer reserves the right to cancel this Agreement without obligation upon written notice to the Client prior to June 1, 2021.
The Client reserves the right to cancel this Agreement without obligation upon written notice to the Performer prior to June 1, 2021. Cancellation by the Client later than June 1, 2021 will require payment of the full Fee.
Non-performance by the Client
Those obligations of the Client required to be met prior to the Performance are conditions precedent which must be satisfied in full by the Client before the Performer is required to perform unless otherwise agreed to by all parties in writing. If the Client cancels or postpones the Performance, or any show comprising the Performance, without proper notice or fails to make any payment or fails to perform any other condition precedent as required by this Agreement then the Client will be in breach of this Agreement and the Performer will have no further obligations under this Agreement.
Sound and Lighting Systems
The Performer will use the sound and light systems provided by the Client. The Client will provide and compensate personnel to operate as lighting technician and sound engineer as required. The Performer will designate a representative who will have sole authority in mixing and controlling all sound equipment during the Performance and during each rehearsal. Notwithstanding the above, the adjustment of the volume and sound level of any equipment will be at the sole discretion of the Client.
The Performer will not be required to post a security deposit against any or all possible damage related to or arising from the Performance.
Neither the Performer nor the Client will be held liable for any failure to perform its obligations under this Agreement where such 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 and the Client.
Sickness and Accidents
The Performer agrees to meet its obligations under this Agreement subject to legitimate incapacity by sickness or accident.
The Performer agrees to notify the Client of any changes in key personnel prior to the date of the Performance. In the event of any changes in the key personnel, the Client may cancel this Agreement if not satisfied after viewing the Performer with its new member(s).
No Recording of the Performance
Recording or transmitting of the Performance by anyone through any means whatsoever will not be allowed under this Agreement. It is the responsibility of the Client to enforce this provision.
The Client will be responsible for all promotion of the Performance. The Client agrees to use its best efforts to promote the Performance through appropriate media. The Performer will not be permitted to promote the Performance in any way without the consent of the Client and will not be allowed to advertise or promote the Performance through any means that is prohibited by relevant statute or that could be construed as offensive.
The Performer agrees that the Client may use the Performer's name, photographs, and other likenesses to promote the Performance. The Performer will provide the Client with copies of the Performer's promotional materials suitable for this purpose. The Client's right to use the Performer's name is limited to the period beginning with the Execution Date and ending upon completion of the Performance or upon cancellation of this Agreement. This is also said to be true in any future advertisement needs in the future and or on the website of said Priddaho. Priddaho will not use it for anything other than promotional and or learning terms.
The Performer may offer any swag or promotional 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 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.
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, its agents or guests. The Client indemnifies and holds the Performer harmless for any and all property damage or personal injury that results from or is related to the Performance that is not directly caused by the Performer. This is also related to hotels and or all fees assessed from hotel to Priddaho. Please do not charge things to your room nor use towels to take off make up and or to dually accommodate your own belongings. Anything that is charged to the priddaho account from said hotel will be put in writing and then billed to said performer. The asses fee with be 33% more than the actual cost.
The Client warrants and represents that it has obtained any and all permits, approvals, licenses and variances necessary for the Performance. Priddaho has a 5 million dollar umbrella policy asses fee to cover all said performers as long as the performer is conducting said ability's for priddaho event.
The Performer and any other person associated with the Performer agree not to bring into the Venue any material, equipment, or other object which is likely to constitute a hazard of bodily harm to any person or which is likely to constitute a hazard to property. This includes but not limited to guns pepper spray and or any other thing that may contain aerosol and or anything that may project. All props must first be inspected by Travis and also must be approved. All bags and or said property is subject to search at any time. Contraband will not be tolerated and will be a automatic cancelation of terms of contract and said performer will be escorted of property by security.
Any pyrotechnic device used during this Performance will be subject to applicable fire laws and regulations. Safety of all persons participating in the Performance will be paramount and the Client reserves the right to terminate the use of pyrotechnics during the Performance in the event of any reasonable safety concerns. Any pyrotechnics used will be administered by a qualified person with professional experience in pyrotechnics and must be approved by the Client. The Client will be responsible for obtaining all applicable permits. Violation of this section by a party to this Agreement will give the other party the right to immediate cancellation of the Performance and this Agreement.
The Client will take reasonable precautions for the safety of the Performer and the Performer's equipment during all aspects of the Performance and at all times while the Performer and the Performer's equipment is on the Venue premises. The Client is also responsible for ensuring that only the Performer and its designated technicians and representatives are allowed on stage or in the backstage area.
This Agreement will be governed by, and construed in accordance with, the laws of the State of Idaho. The Client and the Performer each submit to the jurisdiction of the courts of the State of Idaho for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement.
Mediation and Arbitration
If a dispute will arise under the terms of this Agreement, the party claiming the dispute will have three days to notify the other party. The party not claiming the dispute will have three days to remedy the dispute. In the event that the dispute is not remedied within this time period, then any party at its option will have 10 days to submit the dispute to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute, any outstanding issues will be submitted to final and binding arbitration in accordance with the statutory rules of that program. If such services are not available, the dispute will be submitted to arbitration in accordance with the laws of the State of Idaho. The arbitrator's award will be final, and judgment may be entered upon it by any court having jurisdiction within the State of Idaho.
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.
Time is of the essence in this Agreement.
This Agreement may be executed in counterpart. Facsimile signatures are binding and are considered to be original signatures.
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 regulations. If the Performer violates this section, the Client may immediately cancel the Performance and this Agreement.
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.
Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
This Agreement contains the entire agreement between the parties and cannot be changed except by written instrument subsequently executed by the parties to this Agreement. All negotiations and understandings have been included in this Agreement. Statements or representations which may have been made to the Client by the Performer, or to the Performer by the Client, in the negotiation stages of this Agreement may in some way be inconsistent with this final written contract. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Performer's successors, assigns, executors, administrators, beneficiaries, and representatives, and the Client's successors and assigns.
The Performer specifically warrants and represents that all copyrighted material to be performed has been licensed or authorized by the copyright owners or their representatives. The Performer indemnifies the Client for any copyright infringement and any expenses that may result from such copyright infringement during or as the result of the Performance.
The Client will be responsible for providing suitable power and electricity for the Performance.
It is the intent of the parties to this Agreement that the Performer is an independent contractor and will control the manner and means of the Performance. The Client will control the scheduling of the Performance. The Performer is not an employee of the Client. The exclusive nature of this Agreement is limited to the duration of the Performance and it is expected that the Performer will enter other similar agreements with other clients.
Any notices or delivery required here will be deemed completed when hand-delivered, delivered by agent, or seven days after being placed in the mail, postage prepaid, to the parties at the respective addresses contained in this Agreement or as the parties may later designate in writing.
The performer also agrees to take pictures and sign said media for the purposes of Priddaho. Said Performers will be in agreement will all pictures and or media use to Priddaho. Performers agree to walk around said venue and greet guest as well as take pictures free of charge and not limit to their own means or selling merchandise. The said performers agree to stay and give picture to community member for no less then 30 mins.