Hotel Performance Contract
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]
