Performance Agreement Rider

1. Billing
Artist shall receive one hundred percent (100%) sole exclusive billing in
any and all advertising and publicity when appearing as the sole act.
When the Artist is accompanied by other musicians, Artist shall receive
prominent billing and shall close the show at each performance during
the engagement unless specifically provided otherwise. When
headlining, Artist shall have the right of approval of any and all other
acts in the show, their set times, and set length.
2. Payment
All payments provided hereunder shall be made by Money Order, Cash,
Cashiers, Certified or School Check, made out to _________________
unless otherwise specified. When a percentage figure is made a part of
this Agreement, the Purchaser agrees to have on hand at the end of
the engagement the ticket manifest and all unsold tickets for
verification by Artist or Artists representative.
a. If the Artist is paid according to a percentage of the gross
admissions, the following applies
i.
Purchaser must have all tickets printed by a bonded printer.
ii.
All tickets must be consecutively numbered.
iii.
Each set of tickets for a given price, and, if more than one
performance is contemplated, each set of tickets for each
performance must be printed on a ticket stock of contrasting
color.
iv.
A bonded printers manifest showing number, color and price
of all tickets printed for the performance must be available for
inspection by Artists representative on afternoon of concert.
v.
All gross admission receipts shall be computed on the actual
full admission price provided on each ticket, and, in the
absence of prior written agreement by Artists, no tickets shall
be offered or sold at a discount or a premium.
vi.
A representative of the Artist shall have the right to be
present in the box office prior to and during the performance
and intermission periods and such representative shall be
given full access to all box office sales and shall otherwise be
permitted to reasonably satisfy himself as to the gross
receipts (and expenditures if required) at each performance
hereunder.
b. Purchaser warrants that tickets for the engagement will be scaled in
the following prices.

_____________________ Tickets At ___________________ Dollars

_____________________ Tickets At ___________________ Dollars
_____________________ Tickets At ___________________ Dollars
If the scale of prices shall be varied in any respect, the percentage
compensation payable to Artist shall be based upon whichever of
the following is more favorable to Artist: the scale of prices as set
forth above or the actual scale of prices in effect for the
engagement.
c. In the event that compensation payable to Artist hereunder is
measured in whole or in part by a percentage of receipts, Artist shall
have the right to set a limit on the number of free admissions
authorized by Purchaser.
3. Withholding
If Purchaser is required by state or local law to make any withholding or
deduction from the Artist fee specified in the attached contract, the
Purchaser shall furnish to Artist a copy of the pertinent law governing
said deduction when returning the Agreement to Artist or Artists
agent.
4. Limitation on Recording
No performance during the engagement shall be recorded, copied,
reproduced, transmitted or disseminated in or from the premises in any
manner or by any means now known or later developed, including
audio, and video, without the prior written permission of Artist.
5. Publicity Photographs
Only photographs sent to the Purchaser by Artist or Artists
representative shall be used in publicizing the engagement.
6. Dressing Room
Purchaser shall provide one (1) clean, lockable dressing room.
Purchaser agrees to be solely responsible for the security of all items in
the dressing room area and shall keep unauthorized people from
entering said area.
7. Artists Property
Purchaser shall be responsible for any theft or damage to the
equipment of Artist that may occur during the time that the equipment
is located on Purchasers premises.
8. Security

Purchaser will make a diligent effort during the performance to

maintain a quiet listening audience. Audience shall be seated prior to
the performance. Purchaser is responsible for the conduct of its
audience and shall provide adequate supervision of minors attending
the performance. Any damage resulting from activities of the audience
shall be the responsibility of the Purchaser.
9. Complimentary Tickets
Purchaser agrees to make ________ complimentary tickets available to
Artist or Artists representative, the unused portion of which may be
placed on sale the day of performance with the permission or Artist or
Artists representative.
10.
Backstage Access
Purchaser shall provide ________ backstage passes for Artist on Artists
arrival at venue.
11.
Merchandising
Artist shall have the option to sell albums, videos, books and/or
merchandising material at the performance and shall retain the
proceeds of such sales.
a. Artist has sole right to merchandise any and all products pertaining
to Artist at no expense to the Artist, excluding normal hall and
vending fees agreed upon in advance by Artist in writing. Purchaser
will not, nor will Purchaser allow any other party to sell or distribute
merchandise bearing name, likeness or logo of Artist, before, during
or after concert date.
b. Purchaser will provide at its expense, ________ persons to sell Artists
products.
c. Purchaser will provide the following equipment for merchandising:
i.
One (1) cash box with fifty dollars ($50.00) starting change
(ones and fives).
ii.
Six-foot (6) table (to hold records and other Artist products).
iii.
Two (2) chairs (for the persons selling the products).
d. Merchandise shall be displayed in a prominent area of the foyer or
lounge leading from the facility entrance to the performance area.
e. Person who is to vend Artists products shall be available from time
of stage call to receive product and set up all merchandise area with
Purchasers designated sellers. Artist or Artists representative will
conduct inventory of merchandise prior to start of sale.
f. After close of show (all audience will have left the facility) the
vendor will close the merchandising booth and return all unsold
product and receipts from sale to Artist or Artists representative for
final accounting.

g. Purchaser is responsible for all product and monies from sales as

signed for by the Purchasers merchandising representative. Fifty
dollars ($50.00) starting change is to be deducted from total
receipts.
12.
Ground Transportation
Unless otherwise indicated, Purchaser, at its expense, shall provide
ground transportation to and from place of engagement, airport and
hotel. Artist requires a large station wagon or van. Please send
directions to concert site from the airport, or, if mode of travel is
arranged other than by automobile, please send directions (and time
tables) from airport, train station, etc., to hotel, then from hotel to
concert site. Copies of highlighted street maps are very much
appreciated.
13.
Food
Food and beverages appropriate for tie of day for ________ people shall
be provided by Purchaser.
14.
Lodging
If Purchaser is to provide lodging, it shall be at a hotel of Holiday Inn
quality or better, four (4) quiet, nonsmoking rooms, in the vicinity of
the venue, away from highway noise, with king-size beds in each room.
15.
Outdoor Venue
In the event the engagement is outdoors, there must be a covering
over the stage area that will protect the Artist and equipment from the
elements.
16.
Seating
House lights should be dimmed starting ten (10) minutes before the
start of the concert to facilitate audience being seated on time.
17.
Background Music
No background music, taped or otherwise, is to be played before the
start of or after the concert without the approval of the Artist, unless
the music is from Artists albums.
18.
Stage
Stage must be accessible to performers in a manner other than
through the audiences. Stage and curtains must be in clean, good
condition. Whenever possible, stage should be no further than fifteen
feet (15) from the audience.
19.

Promotion

Purchaser agrees to promote the scheduled performance(s) on

television, radio, newspapers and other print media and will use its
best efforts to obtain calendar listings, feature articles, interviews of
the Artist, reviews of the performance and Artists records in local
major and alternative newspapers, radio and television programs.
Purchaser shall be responsible for all matters pertaining to the
promotion and production of the scheduled engagement, including but
not limited to venue rentals, security and advertising.
20.
Clippings
As a special request, Artist asks that Purchaser please forward
clippings, reviews, advertising and posters to Artist at
_____________________. If there are any questions or suggestions, please
direct them to ____________________.
21.
Force Majeure
This agreement of Artist is subject to the unavailability of Artist
because of sickness, accidents, riots, strikes, acts of God or other
conditions beyond Artists control.
22.
Cancellation
In the event Purchaser cancels the performance for any reason less
than five (5) weeks before the date of such performance, Purchaser will
pay Artist, as liquidated damages, one-half (1/2) of the guaranteed fee
agreed to be paid for such performance in subsection 5(a). In the event
Purchaser cancels the performance for any reason less than two (2)
weeks before the date of such performance, Purchaser will pay Artist,
as liquidated damages, the full guaranteed fee agreed to be paid for
such performance, unless Artist subsequently agrees in writing to
waive all or any part of that payments.
23.
Attorneys Fees
In the event of any dispute arising under this Agreement that results in
litigation or arbitration, the prevailing party shall be paid its reasonable
attorneys fees and costs by the losing party.
24.
Insurance
Purchaser agrees to obtain any and all necessary personal injury and
property damage liability insurance with respect to the activities of
Artist on the premises of Purchaser or at such other location where
Purchaser directs Artist to perform. Purchaser agrees to indemnify and
hold Artist harmless from any and all claims, liabilities, damages, and
expenses for injury, damages, or death to any person, persons, or
property, including attorneys fees, demands, suits, or costs of

whatever nature, arising from any action, activity or omission of

Purchaser or third parties, except for claims arising from Artists willful
misconduct or gross negligence. At least ten (10) days prior to the date
of performance, Purchaser shall provide to Artist a copy of Purchasers
policy of insurance indicating coverage in the sum of at least ________
dollars for personal injury and property damage, naming Artist as an
additional insured for the date of the performance.