Performance Agreement

PERFORMANCE AGREEMENT

This contract (the "Agreement") made and entered into upon purchasing services from Allenhouse DJs, between yourself (the Client/Purchaser) -and -Allenhouse Djs (the "Performer to be announced") OF THE SECOND PART

  1. The Performer is a professional entertainer known as Duane Allen at Allenhouse Djs;

and

2. The Purchaser wishes to engage the Performer and is willing to undertake to do so, subject to the terms and conditions as follows:

IN CONSIDERATION OF and as a condition of the Purchaser 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 of the Performer

The Performer

Will be represented by a business manager ("Duane Allen"). Any payments by certified check or money order should be made out to the Business "AllenHouse Djs". The Performer's business address is as follows:

Business Manager:

Duane Allen Address: 313 Railway Ave. Bittern Lake, AB, T0C 0L0

Telephone: (587) 782-5330

E-mail: allenhousedjs@outlook.com

The Purchaser

The purchaser who wishes to engage the Performer and is willing to undertake to do so, subject to the terms and conditions set out in agreement between the performer and the purchaser are as follows:

The performer agrees to arrive at the venue, on the date of the event at the chosen time, to set up and perform the agreed upon package that was purchased by the purchaser. The performer will play one set on the specified date at the specified time until venue last call or AGLC license cut-off.

 

Payment

In full consideration for all services rendered by the Performer at the Performance, the Purchaser agrees to pay the Performer a fixed fee (the "Fee") at time of purchase.

Deposit

The Purchaser will pay to the Performer of 50% of invoice in Canadian Dollars as a deposit (the "Deposit") with in 48hrs of receiving the purchase invoice, unless otherwise stated and or arranged by the performer prior to an invoice being issued.

Performer Expenses

The Performer agrees that the Fee is inclusive of all expenses, accommodations, holiday entitlements, traveling expenses to and from the Venue and covers any payments whatsoever due to other members of the group or unit, except as expressly provided in this Agreement.

Payment of Balance

Final payment is due 72hrs before the event date. The Purchaser will pay to the Performer any outstanding balance of the amount GST inc. Via cash, money order, E Transfer.

Cancellation

The Performer reserves the right to cancel this Agreement without obligation upon notice to the Purchaser prior to 10 days after purchase according to the Alberta Buyers Remorse Law. In the event the Performer cancels the Performance under the terms of this section, the Deposit will be returned to the Purchaser promptly.

The Purchaser reserves the right to cancel this Agreement without obligation upon notice to the Performer prior to 10 days after purchase according to the Alberta Buyer’s Remorse Law. In the event of said cancellation, the Deposit will be returned promptly. Cancellation by the Purchaser for any reason later than 10 days after purchasing according to the Alberta Buyer’s Remorse Law will result in forfeit of the Deposit and any subsequent payments there - after including final payment for services. Cancellation by the Purchaser later than 10 days after purchase, will require payment of the balance owing to the Performer. Non-performance by the Purchaser; those obligations of the Purchaser that are to be performed prior to the Performance of the Performer are conditions precedent which must be performed in full by the Purchaser, before the Performer is required to perform unless otherwise agreed to by all parties in writing. If the Purchaser cancels or postpones any 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 Purchaser will be in breach of this Agreement and the Performer will have no further obligations under this Agreement. The Purchaser will forfeit any Deposit or subsequent payments already paid to the Performer.

Sound and Lighting Systems

The Performer will provide all sound and light systems required to facilitate the Performance. The Performer warrants that all equipment is in good working order and fit for it is purpose. 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 Purchaser. Security Deposit - The Performer will not be required to post a bond or security deposit against any or all possible damage related to or arising from the Performance.

Force Majeure

Neither the Performer nor the Purchaser 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 coregulations 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 Purchaser.

Sickness and Accidents

The Performer agrees to meet its obligations under this Agreement subject to legitimate incapacity by sickness or accident. Failure to meet its obligations under this section will result in the Performer returning any and all outstanding deposits to the Purchaser.

Key Personnel

The Purchaser agrees that any changes in key personnel prior to the date of the Performance are at the sole discretion of the Performer. The Performer agrees that any key personnel changes will be made in good faith and will reflect the spirit and intent of this Agreement. 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 Purchaser to enforce this provision.

Advertising

The Purchaser will be responsible for all promotion of the Performance. The Purchaser agrees to use its best efforts to promote the Performance through appropriate media. ThePerformer will not be permitted to promote the Performance in any way without the consent of the Purchaser 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 Purchaser may use the Performer's name, photographs, and other likenesses to promote the Performance. The Performer will provide the Purchaser with copies of the Performer's promotional materials suitable for this purpose. The Purchaser'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.

Merchandising

The Performer will not be permitted to display or offer for sale CDs, tapes and other items at the Performance Exclusivity. The Performer will perform exclusively for the Purchaser throughout the actual period of services of this Agreement unless otherwise provided by the Purchaser 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.

Indemnification

The Performer is responsible only for its own conduct. The Performer will be compensated by the Purchaser for any and all damage done to the Performer's equipment by the Purchaser, its agents or guests. The Purchaser 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.

The Performer warrants and represents that it has, or will obtain, sufficient personal injury and property damage liability insurance to protect against any harm or damages that may occur as a result of the activities of the Performer in relation to the Performance. The Purchaser warrants and represents that it has, or will obtain, sufficient personal injury and property damage liability insurance with respect to the activities of the Purchaser, its employees, agents or guests in relation to the Performance Permits. The Purchaser warrants and represents that it has obtained any and all permits, approvals, licenses and variances necessary for the Performance.

Dress Code

Will be dressed professionally, in clean, semi formal or formal attire.

Hazardous Material

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.

Pyrotechnics

No pyrotechnic devices will be allowed during the Performance. Violation of this provision will result in immediate cancellation of the Performance and this Agreement.

Security

The Purchaser 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 Purchaser is also responsible to ensure that only the Performer and its designated technicians and representatives are allowed on stage or in the backstage area.

Governing Law

The Purchaser and the Performer submit to the jurisdiction of the courts of the Province of Alberta for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the Province of Alberta.

Covenant of Good Faith and Fair Dealing

The Purchaser and the Performer agree to perform their obligations under this Agreement, in all respects, in good faith.

Miscellaneous Terms

Time is of the essence in this Agreement. This Agreement may be executed in counterparts. The Performer and the Performer's crew will not be in possession or consume any drugs or alcoholic beverages at the Venue. No part of the Performance may consist of acts violating any local laws, codes, statutes, ordinances, regulations, rules, or any other requirements including building and fire regulations. The Performance will not contain any lewd or indecent acts, images or language. If the Performer violates this section, the Purchaser may immediately cancel the Performance and this Agreement. The Performer's representative warrants that by purchasing services this Agreement 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 neutral 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.41.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 Purchaser by the Performer or to the Performer by the Purchaser, 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 Purchaser'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 Purchaser for any copyright infringement and any expenses that may result from such copyright infringement during or as the result of the Performance.

The Purchaser will be responsible for providing suitable power and electricity for thePerformance. 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 Purchaser will control the scheduling of the Performance. The Performer is not an employee of the Purchaser. 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 purchasers.

Any notices or delivery required here will be deemed completed when hand-delivered, delivered by agent, or seven (7) days after being placed in the post, postage prepaid, to the parties at the respective addresses contained in this Agreement or as the parties may later designate in writing.