Hotel Performance Contract

This Performance Contract ("Contract") is made and entered into as of [Month Day, Year] ("Effective Date"), by and between [Your Company Name], with its principal place of business at [Your Company Address] ("Hotel"), and [Your Partner Company Name], with its principal place of business at [Your Partner Company Address] ("Performer"). The Hotel and the Performer shall collectively be referred to as the "Parties" and individually as a "Party."

I. Recitals

WHEREAS, the Hotel, located at [Your Company Address], seeks to enhance guest experiences by providing high-quality entertainment services;

WHEREAS, the Performer, renowned for their exceptional talent and expertise, is eager to showcase their skills at the esteemed venue of the Hotel;

WHEREAS, both Parties recognize the importance of formalizing their agreement to ensure clarity and alignment of expectations in delivering exceptional entertainment experiences to patrons;

WHEREAS, the Parties acknowledge the value of establishing a mutually beneficial relationship that fosters collaboration and creativity in the realm of hospitality and entertainment;

WHEREAS, the Hotel and the Performer aim to uphold standards of excellence and professionalism in all aspects of their partnership;

NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the Parties agree as follows:

II. Scope of Work

The Performer agrees to provide entertainment services at the Hotel located at [Your Company Address] on the specified dates and times, and the Hotel agrees to compensate the Performer for these services as outlined in this Contract. The Performer shall be responsible for the following:

A. Entertainment Services

The Performer will entertain guests with live music at the Hotel. They will play jazz, pop, and classical music in the designated area. Additionally, they will curate a diverse playlist to cater to the varied tastes of the Hotel's clientele.

B. Sound Equipment Setup

The Performer will set up and use the sound equipment needed for the performance to ensure good sound quality. They will conduct sound checks before each performance to ensure optimal audio levels and clarity for the audience's enjoyment.

C. Performance Duration

Each performance will last for two (2) hours, including breaks, as agreed upon by both Parties. The Performer will maintain flexibility to accommodate any adjustments to the schedule as may be necessary to ensure a seamless and enjoyable experience for the Hotel's guests.

D. Stage Presence

The Performer will maintain a professional and engaging presence on stage throughout the performance. They will interact with the audience as needed, engaging in light banter and encouraging participation to enhance the overall entertainment value.

E. Audience Engagement

The Performer will involve the audience in the performance to create a lively atmosphere. They will encourage sing-alongs, dancing, and interactive moments to foster a sense of connection and enjoyment among the guests.

F. Collaborative Planning

The Performer will work with the Hotel to plan the performances, making sure they align with the Hotel's goals and values. They will actively seek input from Hotel representatives to tailor their performances and song selection to suit the preferences and ambiance desired by the Hotel.

G. Schedule

The Performer's engagements are scheduled as follows:

Date	Time
[Month Day, Year]	7:00 PM - 9:00 PM
[Month Day, Year]	8:00 PM - 10:00 PM
[Month Day, Year]	7:30 PM - 9:30 PM

III. Compensation

In consideration for the performance services rendered, the Hotel agrees to pay the Performer as follows.

A. Fee Structure

The agreed-upon fees for each performance are as follows:

Date	Fee
[Month Day, Year]	$2,000
[Month Day, Year]	$2,500
[Month Day, Year]	$3,000

The Performer acknowledges that the fees are inclusive of all expenses related to the performance, including but not limited to transportation, accommodation, and equipment rental, unless explicitly stated otherwise in this Contract.

B. Payment Terms

Payment for each performance shall be made no later than the day following the performance date. The Hotel shall issue payment via check or bank transfer to the Performer's designated account.

C. Additional Services Compensation

In the event that the Hotel requests additional services, such as extended performance durations or specialized musical arrangements, the Parties shall negotiate additional compensation in good faith. Any agreed-upon additional fees shall be documented in writing and appended to this Contract as an addendum.

D. Performance Enhancement Incentives

The Hotel reserves the right to offer performance enhancement incentives to the Performer for exceptional performances that significantly enhance guest satisfaction and contribute positively to the Hotel's reputation. Such incentives may include bonus payments or performance-based rewards, which shall be mutually agreed upon between the Parties in advance.

E. Expense Reimbursement

The Performer shall be entitled to reimbursement for reasonable and documented expenses incurred in connection with the performance, as approved by the Hotel. Reimbursement requests must be submitted to the Hotel within ten (10) days following the performance, accompanied by appropriate receipts or invoices for verification purposes.

F. Late Payments

Any late payments shall accrue interest at a rate of ten percent (10%) per annum, calculated from the due date until the date of actual payment. In the event of late payment, the Hotel shall be responsible for covering any additional costs incurred by the Performer as a result of the delay, including bank fees or penalties.

G. Accommodations

The Hotel shall provide complimentary accommodations and meals for the Performer on the day(s) of performance, as outlined in the performance schedule. The Performer shall notify the Hotel of any dietary restrictions or special accommodations required in advance to ensure a comfortable stay.

H. Cancellation Compensation

In the event that the Hotel cancels a scheduled performance without due cause or adequate notice, the Performer shall be entitled to compensation equivalent to fifteen percent (15%) of the agreed-upon performance fee. This compensation shall serve to mitigate any financial losses or inconvenience incurred by the Performer as a result of the cancellation and shall be payable within ten (10) days of the cancellation notice.

IV. Performance Standards

The Performer shall adhere to the following performance standards:

A. Punctuality

The Performer shall arrive at the designated venue at least thirty (30) minutes before the scheduled start time to allow for adequate setup and sound check.

B. Professional Conduct

The Performer shall conduct themselves in a professional manner at all times, treating Hotel staff and guests with respect and courtesy.

C. Quality of Performance

The Performer shall deliver high-quality performances that meet or exceed industry standards, including clear sound, appropriate volume levels, and a varied repertoire to cater to diverse audience preferences.

V. Term and Termination

The term of this Contract shall commence on the Effective Date and shall persist until the completion of the final scheduled performance, unless terminated earlier pursuant to this section.

A. Mutual Agreement

This Contract may be terminated by mutual agreement of both Parties, provided such agreement is documented in writing.

B. Breach

Either Party reserves the right to terminate this Contract in the event of a material breach by the other Party. The non-breaching Party must issue written notice of the breach, and if the breaching Party fails to rectify the breach within thirty (30) days from the receipt of such notice, the non-breaching Party may proceed with termination.

C. Force Majeure

If either Party is unable to perform its obligations under this Contract due to circumstances beyond its reasonable control, such as acts of nature, war, terrorism, or governmental regulations, the affected Party may terminate this Contract without penalty by providing written notice to the other Party.

D. Insolvency

If either Party becomes insolvent, enters into bankruptcy, or undergoes liquidation or receivership proceedings, the other Party may terminate this Contract immediately upon written notice.

E. Change in Law or Regulation

In the event of a change in applicable laws or regulations that significantly impacts the ability of either Party to fulfill its obligations under this Contract, either Party may terminate this Contract upon written notice to the other Party.

F. Non-Performance

If either Party fails to perform its obligations under this Contract for reasons other than those mentioned above and such failure continues for a period of thirty (30) days after written notice from the other Party, the non-performing Party shall be deemed to be in material breach, and the other Party may terminate this Contract.

G. Death or Incapacity

In the unfortunate event of the death or incapacity of the Performer, rendering them unable to fulfill their obligations under this Contract, the Hotel may terminate this Contract upon written notice to the Performer's legal representative or next of kin.

VI. Indemnification

Each Party agrees to indemnify, defend, and hold harmless the other Party against any and all claims, liabilities, damages, and expenses arising out of or relating to the performance of this Contract, including but not limited to:

A. Third-Party Claims

Indemnification extends to claims brought by third parties against either Party arising from the actions or omissions of the indemnifying Party in connection with this Contract.

B. Breach of Contract

The indemnifying Party shall indemnify the other Party for damages resulting from any breach of this Contract by the indemnifying Party.

C. Intellectual Property Infringement

Each Party shall indemnify the other against any claims of infringement of intellectual property rights arising from materials provided or actions taken by the indemnifying Party under this Contract.

D. Negligence or Misconduct

Indemnification covers damages resulting from the negligence, willful misconduct, or violation of applicable laws or regulations by the indemnifying Party.

E. Legal Expenses

The indemnifying Party shall reimburse the other Party for reasonable attorney fees, court costs, and other legal expenses incurred in defending against covered claims.

F. Consequential Damages

Indemnification extends to consequential damages suffered by the other Party as a result of covered claims, including but not limited to loss of revenue, business interruption, or reputational harm.

VII. Confidentiality

Both Parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the performance of this Contract. This encompasses trade secrets, business plans, financial information, and any other information marked or reasonably understood to be confidential.

A. Non-Disclosure Obligation

Neither Party shall disclose such confidential information to any third party without the prior written consent of the disclosing Party, except as required by law or legal obligations.

B. Protection Measures

The Parties shall implement reasonable measures to safeguard confidential information, including but not limited to encryption, password protection, and restricted access controls.

C. Duration of Confidentiality Obligation

The obligation of confidentiality shall survive the termination or expiration of this Contract and shall continue for a period of three (3) years from the date of disclosure of the confidential information.

D. Employee and Contractor Obligations

Each Party shall ensure that its employees and contractors are bound by confidentiality obligations consistent with those set forth in this Contract.

E. Notification of Breach

In the event of any unauthorized disclosure or breach of confidentiality, the disclosing Party shall promptly notify the other Party and take appropriate remedial action to mitigate damages.

F. Return or Destruction of Information

Upon request or upon termination of this Contract, each Party shall promptly return or destroy all confidential information received from the other Party, including any copies or reproductions thereof.

G. Survival Clause

The confidentiality provisions of this Contract shall survive the termination or expiration of this Contract and remain enforceable thereafter.

VIII. Dispute Resolution

A. Amicable Resolution

In the event of any dispute arising under or relating to this Contract, the Parties shall first attempt to resolve the dispute amicably through good faith negotiations, emphasizing open communication and mutual understanding.

B. Negotiation Period

If the Parties are unable to reach a resolution within ten (10) days of initiating negotiations, either Party may proceed to the next stage of dispute resolution.

C. Arbitration Initiation

Upon expiration of the negotiation period, either Party may initiate binding arbitration proceedings in accordance with the rules of the American Arbitration Association.

D. Arbitration Venue

The arbitration shall take place in [City], [State], unless otherwise agreed upon by the Parties in writing.

E. Arbitration Decision

The decision of the arbitrator(s) shall be final and binding upon both Parties and may be enforced in any court having jurisdiction thereof.

F. Cost Allocation

Each Party shall bear its own costs associated with the arbitration, including legal fees and expenses, unless the arbitrator(s) determine otherwise.

G. Confidentiality of Arbitration

The arbitration proceedings and any related documents or information shall be treated as confidential by both Parties, except as necessary to enforce the arbitration award or as required by law.

H. Enforceability of Award

The Parties agree to promptly comply with any arbitration award rendered pursuant to this Contract.

IX. Governing Law

This Contract shall be governed by and construed in accordance with the laws of the state where the Hotel's principal place of business is located, with the following provisions:

A. Jurisdiction

Any disputes arising under or in connection with this Contract shall be subject to the exclusive jurisdiction of the courts in the aforementioned state.

B. Choice of Law

The Parties agree that any interpretation or enforcement of this Contract shall be governed by the substantive laws of the aforementioned state, without regard to conflicts of laws principles.

C. Severability

If any provision of this Contract is found to be invalid or unenforceable under the laws of the aforementioned state, the remaining provisions shall remain in full force and effect.

D. Amendments

Any amendments or modifications to this Contract shall be valid only if made in writing and executed by both Parties in accordance with the laws of the aforementioned state.

E. Waiver of Jury Trial

Both Parties knowingly and voluntarily waive any right to a trial by jury in any action or proceeding arising out of or relating to this Contract.

F. Language

This Contract shall be construed in the English language, which shall be the governing language for all purposes of interpretation, construction, and enforcement.

X. Entire Agreement

This Contract constitutes the entirety of the agreement between the Parties concerning the subject matter herein and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between the Parties.

A. Comprehensive Scope

This clause emphasizes that the terms and conditions outlined within this Contract comprehensively cover all aspects of the Parties' agreement regarding the performance services, leaving no room for ambiguity or misunderstanding.

B. Precedence over Prior Agreements

By stating that this Contract supersedes all prior and contemporaneous agreements, the Parties acknowledge that any previous agreements, whether written or oral, are null and void concerning the subject matter discussed in this Contract.

C. Clearing Confusion

This provision serves to prevent confusion or disputes arising from conflicting terms in previous agreements, ensuring clarity and certainty in the understanding of the Parties' rights and obligations.

D. Holistic Approach

By consolidating all relevant terms and conditions into a single document, the Parties can refer to this Contract as the sole source of their agreement, promoting efficiency and transparency in their business relationship.

IN WITNESS WHEREOF, the Parties have executed this Performance Contract as of the Effective Date. By signing below, both Parties affirm their understanding and acceptance of the entire agreement as set forth in this Contract.

Hotel Signature:

[Your Name]

[Job Title]

[Your Company Name]

[Month Day, Year]

Performer Signature:

[Name]

[Job Title]

[Your Partner Company Name]

[Month Day, Year]

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