EmailMe Form - Captivators Performance Agreement

Name of Organization *

Agreement Effective *

Today's Date

This agreement is made for the purpose of engaging Company to provide entertainment and/or speaking services for Client as specified below. *

Agree

PERFORMER/SPEAKER: *

Name

Location of Event *

(physical address please)

Date of Event *

Performance Time(s) *

Venue doors open at what time *

Expected Attendance *

Target Audience *

Theme of Event

Desired overall "vibe" at the end of the performance?

(excited, serious, thought provoking,etc.)

Fly into

Airport

TERMS (Payment Terms: Please see paragraph 1 below).

Performance Fee *

Travel Expenses *

If unknown, put "To Be Determined" (TBD).

Deposit

Balance Due 2 Weeks prior to Event

Hotel

Yes/No

Rental Car

Yes/No

Audio & Visual Requirements: Please see technical support rider. *

Received Rider & Can Provide Items

Client Information

Client/Organization *

Contact Person(s) *

First Last

Email *

Cell *

### - ### - ####

Work or Other Phone

### - ### - ####

TERMS OF AGREEMENT:

Captivators agrees that on the date of event (see above) that Performer shall perform for the performance as specified on this agreement, and Client shall pay the compensation for the performance and travel fees. Performer agrees to provide entertainment/speaking under the following conditions:

1) Payment Terms: "Client" agrees to pay a deposit (see above), which is due within 14 days of clicking "I agree". By doing this you are confirming that you have read all of this Agreement. This deposit is non-refundable and the check should be made payable to Captivators and sent to 34428 Yucaipa Blvd, #E214, Yucaipa, CA 92399. The balance of the total compensation is to be paid in full, two weeks prior to the performance.

2) Control: Captivators will have exclusive control over the content, means, method, and details of fulfilling this agreement, and Client is required to review and approve said performance contents as made available by Captivators prior to the execution of this contract. Captivators will comply with all guidelines provided by Client with respect to time of and the length of each performance.

3) Promotional Approval: Captivators has the right to review and approve any and all billings, advertising, and promotion of this engagement, either in print, radio, television, or other media, if it involves the name or likeness of either Performer or Captivators. Client agrees that it cannot use the name or likeness of either Performer or of Captivators either as an endorsement of any product or service used for monetary gain, unless Captivators first agrees to the use in writing.

4) Non-Performance Agreement: This engagement is conditioned on Performer’s reasonable ability to fulfill this Performance Agreement. In the case of unforeseen circumstances, acts of God, circumstances beyond Performer’s reasonable control, illness, accident, or other unavoidable event, which makes it impossible for Performer to perform, neither Client nor Captivators shall have any claim for damages, (monetary or physical) against the other, that may result because Performer is unable to perform. Under this condition, the following alternatives will be made available to Client.
A. Captivators provides Client with replacement performer who Client accepts alternative performer in writing prior to the performance.
B. Contract will be cancelled and final payment will be refunded.

If Client cancels the event or the services of the Performer, no deposits will be refunded or put towards future events. If Client cancels within the two weeks prior to the event, Client is still responsible for the full payment.

5) Meals: Client agrees to provide $15, per person, per meal for Performer and Performer’s Support Staff, up to a total of two people. This money will be included in the agreed travel expenses.

6) Lodging: One non-smoking hotel room, with two beds, is requested for Performer and Performer Support Staff, preferably close to the airport. This shall be booked by Client, unless other arrangements have been made and agreed upon by Client and Company.

7) Travel Compensation: The Performer requires that all travel and associated reasonable costs be paid in advance by Client, as specified in paragraph 1.

8) Setup Time: Client shall maintain crowd control and restrict access to the performance area until technical set up is complete as specified by the Performer.

9) Security: Client is solely responsible for all security at the performance.

10) Physical Facilities: Client shall be responsible for providing a safe physical facility. Captivators or any of its Performers will not be liable for any injury or damage because of unsafe facilities.

11) Insurance: Client shall provide complete and adequate insurance for the services contracted for herein. Client shall have adequate insurance to insure against bodily injury or property damage, which may occur. Any damages to body or property of any Captivators employee or Performer not caused directly or indirectly by Client, its employees, agents, invitees or guests, or not resulting from the condition of Client's property in which Captivators is performing, shall be the responsibility of Captivators.

12) Indemnification: Client shall indemnify and defend Captivators against any and all claims or action brought against Captivators, as a result of injury or other damages sustained at, during, or as a result of, the performance. The duty to defend and indemnify is not mitigated by any other insurance coverage or defenses which Captivators may have available to them.

13) Amendment: This Agreement may not be clarified, modified, changed or amended except in writing signed by both parties.

14) Governing Law: This Agreement will be governed and construed in accordance with the laws of the State of California without giving effect to principles of conflict of laws. Both parties agree to submit to jurisdiction in California and further agree that any cause of action arising under this Agreement may be brought in a court in San Bernardino County, California.

15. Integration: This Agreement embodies, merges and integrates all prior and current agreements and understandings of the parties to this Agreement.

16. Successors and Assigns: This Agreement will inure to the benefit of and will be binding upon the undersigned parties and their respective heirs, executors, administrators, trustees, successors, assigns, and all parties in privity with or claiming under them.

17. Relationship of Parties: In the making, execution and performance of this Agreement, the parties are independent contractors. Both parties understand that nothing in this Agreement is to be construed as creating a partnership, joint venture, employee, agent or representative relationship between Artist and Producer. Neither party will make any representations to third parties that suggest otherwise.

18. Headings: Headings or captions of paragraphs contained in this Agreement are inserted only as a matter of convenience and for reference, and in no way define, limit, extend or describe the scope of this Agreement or the intent of any provision of this Agreement.

19. Severability: In the event any provision, clause, sentence, phrase or word of this Agreement, or the application of any provision, clause, sentence, phrase or word in any circumstances, is held to be invalid or unenforceable, such invalidity or unenforceability will not affect the validity or enforceability of the remainder of this Agreement, or of the application of any such provision, sentence, clause, phrase or word in any other circumstances.

Please click "agree," below to indicate your acceptance of the foregoing provisions. Please, keep a copy of this agreement for your records.

Thank you so much for allowing us to be a part of your event!

Checkbox *

I agree to the terms above