Restaurant Performance Contract
This Restaurant Performance Contract (the "Agreement") is made and entered into as of [Effective Date], by and between [Your Company Name], located at [Your Company Address] ("Restaurant"), and [Performer Name], residing at [Performer Address] ("Performer").
WHEREAS, the Restaurant desires to engage the services of the Performer to provide live entertainment at the Restaurant’s venue;
WHEREAS, the Performer agrees to provide such entertainment services under the terms and conditions set forth in this Agreement;
WHEREAS, both the Restaurant and the Performer wish to clearly define their respective rights, responsibilities, and obligations to ensure a successful and professional engagement;
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Restaurant and the Performer hereby agree as follows:
I. Event Details
A. Date and Time of Performance: The Performer shall perform on [Date of Performance] from [Start Time] to [End Time]. The Performer is expected to arrive at the venue no later than [Arrival Time] for setup and preparation.
B. Venue Location: The performance will take place at the Restaurant’s venue. The Restaurant shall ensure that the venue is available and prepared for the performance as agreed upon.
C. Duration of Performance: The performance will last for 2 hours, including any breaks. The specific timing of breaks will be coordinated with the Restaurant to ensure minimal disruption to the event.
D. Sound Check and Setup Times: The Performer shall conduct a sound check starting at [Sound Check Time]. The Restaurant shall provide access to the venue and all necessary equipment at least 2 hours before the performance for setup and sound check.
II. Performance Requirements
A. Equipment and Technical Requirements: The Restaurant agrees to provide the following equipment and technical support: sound system, microphones, and lighting. The Performer shall provide a detailed technical rider outlining specific requirements at least 7 days prior to the performance.
B. Stage Setup: The stage setup shall be arranged according to the specifications provided by the Performer. The Restaurant shall ensure that the stage area is clean, safe, and ready for the performance.
C. Rehearsal Schedule: If a rehearsal is required, it shall be scheduled on [Rehearsal Date] from [Rehearsal Start Time] to [Rehearsal End Time]. The Restaurant shall provide access to the venue and necessary equipment for the rehearsal.
III. Compensation
A. Performance Fee: The Restaurant agrees to pay the Performer a performance fee of $[Performance Fee]. This fee shall be paid in full upon completion of the performance.
B. Payment Schedule: A deposit of $[Deposit Amount] shall be paid to the Performer upon signing this Agreement. The remaining balance of $[Remaining Balance] shall be paid on the day of the performance.
C. Additional Expenses: The Restaurant agrees to cover additional expenses incurred by the Performer, including travel and accommodation, up to $[Amount]. These expenses must be pre-approved by the Restaurant and supported by receipts.
IV. Responsibilities of the Parties
A. Responsibilities of the Restaurant: The Restaurant shall provide a suitable performance venue, all agreed-upon equipment, and technical support. The Restaurant shall ensure that the venue is accessible at the agreed times for setup, sound check, and performance. Additionally, the Restaurant shall promote the performance through its marketing channels to ensure a successful event.
B. Responsibilities of the Performer: The Performer agrees to provide a professional and high-quality performance, adhering to the agreed-upon schedule and technical requirements. The Performer shall arrive on time, conduct themselves professionally, and comply with all venue regulations. Any changes to the performance schedule or requirements must be communicated to the Restaurant at least [number] days in advance.
V. Performance Standards
A. Expected Conduct and Professionalism: The Performer shall maintain a high standard of professionalism at all times. This includes punctuality, respectful interaction with Restaurant staff and patrons, and adherence to the agreed-upon performance schedule. Any behavior deemed unprofessional by the Restaurant may result in termination of this Agreement.
B. Quality of Performance: The Performer agrees to deliver a high-quality performance that meets the expectations outlined in this Agreement. This includes using appropriate language and content suitable for the Restaurant’s audience. The Restaurant reserves the right to provide feedback and request reasonable changes to the performance to ensure it aligns with the venue's standards and audience expectations.
VI. Promotion and Marketing
A. Promotional Responsibilities: The Restaurant agrees to promote the Performer’s event through its marketing channels, including social media, email newsletters, and in-venue advertising. The Restaurant shall commence promotion at least 14 days prior to the performance date.
B. Use of Performer’s Image and Name: The Performer grants the Restaurant the right to use their name, likeness, and promotional materials for the purpose of marketing the performance. The Restaurant shall seek approval from the Performer before using any promotional materials not provided by the Performer.
VII. Merchandising
A. Sale of Merchandise: The Performer is permitted to sell merchandise at the venue during the performance. The Performer shall be responsible for managing the sale of their merchandise, including setup, staffing, and transactions.
B. Revenue Sharing from Merchandise Sales: The Performer agrees to pay the Restaurant a fee of 10% of total merchandise sales as a venue fee. The fee shall be calculated and paid at the end of the performance.
VIII. Cancellation Policy
A. Conditions for Cancellation by the Restaurant: The Restaurant may cancel the performance without penalty if notice is given at least 14 days prior to the performance date. If the Restaurant cancels within 14 days of the performance, the Restaurant shall pay the Performer a cancellation fee of 50% of the performance fee.
B. Conditions for Cancellation by the Performer: The Performer may cancel the performance without penalty if notice is given at least 14 days prior to the performance date. If the Performer cancels within 14 days of the performance, they must refund any deposit received and pay the Restaurant a cancellation fee of 50% of the performance fee.
C. Notice Periods for Cancellation: Both Parties agree to provide written notice of cancellation at least 14 days prior to the performance date to avoid cancellation fees. Notices shall be delivered via email or certified mail to the contact information provided in this Agreement.
D. Cancellation Fees and Penalties: If either Party fails to provide the required notice for cancellation, the responsible Party agrees to pay the cancellation fee specified in this Agreement within 7 days of the cancellation. Failure to pay the cancellation fee may result in legal action to recover the amount due.
IX. Insurance and Liability
A. Insurance Requirements: The Restaurant shall maintain comprehensive general liability insurance that covers the venue and all events hosted therein. The Performer is responsible for obtaining any personal insurance coverage they deem necessary for their equipment and personnel.
B. Liability Provisions: Each Party agrees to indemnify and hold harmless the other Party from any claims, damages, or liabilities arising from their actions or omissions in connection with the performance. This includes any injuries to the Performer's personnel or damage to the Performer's equipment while on the Restaurant’s premises, except in cases of gross negligence or willful misconduct by the indemnified Party.
X. Confidentiality
Both Parties agree to keep all terms of this Agreement, including compensation details and any proprietary information, confidential. This obligation extends beyond the termination of this Agreement. The Parties shall not disclose any confidential information to third parties without prior written consent, except as required by law.
XI. Force Majeure
A. Definition and Scope: Neither Party shall be liable for any failure or delay in performing their obligations under this Agreement if such failure or delay is caused by events beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, or government actions.
B. Procedures in Case of Force Majeure Events: If a Force Majeure event occurs, the affected Party shall notify the other Party in writing as soon as possible, detailing the nature and expected duration of the event. Both Parties shall use reasonable efforts to mitigate the impact of the event and resume performance as soon as practicable. If the event continues for more than 30 days, either Party may terminate this Agreement without penalty.
XII. Dispute Resolution
A. Mediation: Any disputes arising under this Agreement shall first be subject to mediation. The Parties agree to participate in at least one mediation session within 30 days of a dispute arising. Mediation shall be conducted by a neutral third-party mediator selected by mutual agreement of the Parties.
B. Arbitration: If mediation fails, the dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in [City, State], and the arbitrator’s decision shall be final and binding on the Parties.
C. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of [State]. Any legal action arising from this Agreement shall be brought in the appropriate court within the state, ensuring that the Parties adhere to local legal standards and procedures.
XIII. Miscellaneous Provisions
A. Amendments: This Agreement may be amended only by a written document signed by both Parties. Any proposed amendments shall be discussed and agreed upon within 30 days of the proposal, ensuring that changes are made collaboratively and with full consideration.
B. Notices: All notices required or permitted under this Agreement shall be in writing and delivered to the addresses specified above. Notices shall be deemed given when received by the other Party, ensuring clear and documented communication.
C. Entire Agreement: This Agreement constitutes the entire agreement between the Parties and supersedes all prior discussions, agreements, or understandings of any kind. This provision ensures that all terms and conditions are consolidated into a single, comprehensive document.
D. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. This ensures that the Agreement remains operative even if one part is deemed invalid.
E. Waiver: The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision. This provision ensures that the Parties retain their rights even if they choose not to exercise them immediately.
Signatures
IN WITNESS WHEREOF, the Parties hereto have executed this Restaurant Performance Contract as of the day and year first above written.
Restaurant
[Name]
[Date]
Performer
[Name]
[Date]
