This Contract (the “Agreement”) between Shine Music (the “Client”), a 501c3 nonprofit organization in Evergreen, Colorado and “Performer” for the Shine Music Festival on August 8, 2021 at the Levitt Pavilion Denver located at 1380 W. Florida Ave, Denver, CO 80223.
Although Performer has agreed to forego compensation for this single event, should adequate funds be raised, Shine Music will pay Performer the Fee listed within this agreement.
The Performer agrees that the Fee is inclusive of all expenses, accommodations, traveling expenses to and from the Venue and covers any costs whatsoever incurred by any of the members individually or collectively as a group, except as expressly provided in this Agreement.
Funds will be determined within 30 days post event and payments, if any, will be paid via online payment.
The Performer and Client reserves the right to cancel this Agreement without obligation upon written notice to the Client prior to June 30, 2021.
Should CDC restrictions related to COVID cause cancelation or postponement of event, both parties are free from any contractual obligations.
Neither the Performer nor the Client 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 or regulations 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 Client.
The Performer agrees to meet its obligations under this Agreement subject to legitimate incapacity by sickness or accident.
The Performer may offer merchandise for sale at the Performance. The Client will provide a suitable area with reasonable visibility and accessibility to facilitate merchandising.
The Performer is responsible only for its own conduct. The Client 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 Client 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 Client is also responsible for ensuring that only the Performer and its designated technicians and representatives are allowed on stage or in the backstage area.
This Agreement will be governed by, and construed in accordance with, the laws of the State of Colorado. The Client and the Performer each submit to the jurisdiction of the courts of the State of Colorado for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement.
The Client and the Performer agree to perform their obligations under this Agreement, in all respects, in good faith.
This Agreement may be executed in counterpart. Electronic signatures are binding and are considered to be original signatures.
No part of the Performance may consist of acts in violation of any local laws, codes, statutes, ordinances, regulations, rules or any other requirements including building and fire regulations. If the Performer violates this section, the Client may immediately cancel the Performance and this Agreement.
If signed by Performer’s representative, signature warrants that by signing this Agreement it 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 neuter 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.
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 Client by the Performer, or to the Performer by the Client, 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 Client’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 Client for any copyright infringement and any expenses that may result from such copyright infringement during or as the result of the Performance.
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 Client will control the scheduling of the Performance. The Performer is not an employee of the Client. 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 clients.
In appreciation for the Performers donation of time and talent, all photos, videos (including drone footage) of will be made available to Performer with the understanding that Shine Music and/or Shine Music Festival be mentioned in any public postings of material.