Terms and Conditions
IN CASE OF DEFAULT BY PURCHASER: Liquidated damages of the Artist will be the amount stated in BALANCE, plus any attorney’s fees and costs incurred in recovering BALANCE. Agent will retain deposit for services rendered.
INDEPENDENT CONTRACTOR: Artist acknowledges that they shall perform their obligations hereunder as an independent contractor and not as an employee of Purchaser. Artist further acknowledges that they are not on Purchaser’s payroll, social security, or tax withholding rolls. Artists shall have sole control and direction in the conduct of the Performance.
DAMAGE: Purchaser shall be liable for any and all damages to Artist’s instruments or equipment caused by Purchaser, his guests, members of his organization, business invitees, or employees.
PROMOTION: Purchaser shall be entitled to advertise and promote the appearance of Artist at the Performance.
OUTDOOR PERFORMANCE: If performance is outdoors, an alternate inside location will be provided or purchaser assumes all weather-related risk. Artist will be due full wage agreed upon in the event of inclement weather unless the event is moved to alternate location prior to set-up. Artist will only set up once and will not be required to move the equipment to alternate location after set-up has begun.
THE AGREEMENT of the Artist to perform is subject to detention or prevention by sickness, accidents, riots, strikes, epidemics, acts of God, or any other legitimate conditions beyond their control. In such case, either there shall be no claim for damages by either party to this Contract and the deposit will be refunded in full to Purchaser or Agent will take reasonable measures to provide a suitable alternate Artist. No substitutions shall be made unless the Purchaser authorizes the substitution.
THIS CONTRACT constitutes the sole, complete, and binding agreement between the Artist and the Purchaser.
PURCHASER AND ARTIST agree that this Contract is not subject to cancellation unless both Purchaser and Artist have agreed to such cancellation in writing. It’s further agreed that any cancellation by Purchaser will result in forfeiture of deposit. This forfeiture of deposit is in addition to any other remedies enumerated in this Contract or afforded by law to the Artist. Additionally, nonpayment of deposit shall not relieve the Purchaser of the obligations set forth herein.
FOR THE TRUE AND FAITHFUL PERFORMANCE of all and every covenant and agreement herein mentioned, the Purchaser and Artist bind themselves each unto the other in the penal sum of the amount set forth above as FULL WAGE AGREED UPON as liquidated damages to be paid by the failing party.
THIS AGREEMENT shall be governed by and construed and enforced in accordance with the laws of the State of Georgia.