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Services  Sample Contract
The following is a generic example of a typical contract
for performance services. As every event/performance booking is unique, the service details
(section 6) will obviously be specific to the particular event/performance. The compensation
details (section 9) will vary based on the type of event, the amount of time requested for the
performance, any/specific costume requirements, and any travel expenses. Payment (retainer and balance deposit)
is required for all bookings, and the amount will be based on the specifics of the event/performance
being booked, including the date of the performance and the number of days between the
date/time of booking and the date of the scheduled event. Cancellation clauses
(sections 11 & 12) are also specific to each particular event/performance.
PERFORMING ARTIST ENTERTAINMENT SERVICES CONTRACT
This Agreement (hereinafter the "Agreement") is made between
The Client and Artist mutually agree to the following terms and conditions:
1.
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This Agreement is for the purpose of the Client hiring the Artist to provide
Entertainment Services (hereinafter the "Services") subject to the provisions
contained herein.
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2.
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In providing the Services under this Agreement it is expressly agreed that the Artist
is acting as an independent contractor and not as an employee. The Artist and the
Client acknowledge that this Agreement does not create a partnership or joint venture
between them, and is exclusively a contract for service.
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Services Details
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3.
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The performance shall take place on: Saturday, May 4, 2024 .
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4.
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The contracted performance period shall be for a duration of: 6 hours,
commencing at approximately: 11:00 am , and ending at: 5:00 pm .
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5.
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The performance shall take place at the following location:
Wascana Park, Regina, Saskatchewan
which is an outdoor , non-theatrical venue.
(a) An acceptable, satisfactory alternate venue suitable in the event of inclement weather
has not been arranged.
(i) If an alternate venue is arranged, the location is:
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6.
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The Artist agrees to provide the Client with entertainment Services as follows:
(a) Balloon Twisting Artist for annual Wascana Special Community Event
(b) Artist will perform in-costume - Cosplay character: ObiWan-Jedi
(c) Artist will arrive approximately 10:30am to contact event coordinators & setup
(d) Artist shall perform on-site until approximately 5:00pm
(e) Contract/Quote Reference: reference#
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7.
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The Artist will provide his own costume, performance materials/supplies, and any equipment necessary
for the performance. Production/performance equipment such as sound/audio, lighting, stage,
chairs/seating, and/or other related equipment is not required for this event except as expressly identified herein.
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Financial Considerations
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8.
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Fees are quoted as fixed fee figures. The Artist and Client acknowledge that the fee
for Services is a flat fee and not based on event revenues, ticket sales, tips,
audience capacity, or attendance.
Travel expenses are included in the quoted fee.
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9.
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The Client agrees to pay the Artist $500.00
as compensation for the Services rendered (hereinafter the "Compensation"), payable via cheque
(cheques to be issued to: Brian Pederson), e-transfer
(via brian@lightheartedfun.com), or cash,
according to the following arrangement:
(a) A retainer deposit payment of
$200.00 will be remitted to the Artist by end of day,
Friday, April 12, 2024 ,
(i) Payment of the retainer deposit serves to confirm
that the contract is accepted and
the event is officially booked.
(b) The balance remaining of
$300.00 will be paid to the Artist
prior to or immediately following
the completion of the performance Services at the event.
(c) Additional performance time, beyond the Services engagement period quoted, will be charged at
the fixed rate of $50.00 per hour thereafter,
to be paid to the Artist immediately following
the completion of the performance Services.
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10.
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The Artist covenants that his Services are exempt by law from the collection of applicable
taxes .
Accordingly, the quoted Compensation does not require nor include any taxes.
Cancellations
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11.
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The Client and Artist acknowledge that the performance is scheduled to take place barring
inclement weather. Inclement weather (such as snow, ice, rain, hail, lightning,
powerful/severe winds) has the potential to create a number of serious safety issues in
addition to performance problems.
In the event of event cancellation (for any reason):
(a) By the Client:
(i) If cancelled
more than fourteen (14) days prior to the date of the function/event - the
retainer deposit shall be fully refunded,
(ii) If cancelled less than fourteen (14) days prior
to the date of the function/event - the
retainer deposit shall be non-refundable.
(iii) If cancellation is made the day of
the function/event - the retainer deposit shall be non-refundable, AND,
(1) If the Artist is
already en-route OR on-site and performing
(regardless of how long
the Artist may have performed), the Client remains bound to remit
full payment of the contracted fee (deposit and balance).
(b) By the Artist:
(i) If cancelled
more than fourteen (14) days prior to the date of the function/event - the
retainer deposit shall be fully refunded,
(ii) If cancelled less than fourteen (14) days prior
to the date of the function/event - the
retainer deposit shall be fully refunded, AND,
the Artist shall additionally pay Client a penalty equal to the retainer deposit.
(c) Event Cancellation Exceptions:
(i) If cancelled
due to actual or anticipated inclement weather - the
retainer deposit shall be fully refunded, and neither party shall incur a penalty fee.
(1) Cancellations due to severe/inclement weather
may be made at the sole discretion of either the Artist or the Client.
(ii) If cancelled
due to a valid medical/family emergency - the retainer deposit shall be
fully refunded, and neither party shall incur a penalty fee.
(iii) Exception to (i) and (ii) - if Artist is already
en-route or on-site, the retainer deposit shall be non-refundable.
(iv) Exception to (i) - if no suitable alternate venue has been
planned for an outdoor performance (refer to s5 and s12), the retainer deposit shall be non-refundable.
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Special Considerations (applicable for outdoor venues)
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12.
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Where the performance is scheduled to take place at an outdoor venue:
(a) It is highly recommended that an acceptable alternative venue should be planned
to avoid a potential last-minute performance cancellation - refer to s5(a).
(b) Cancellations due to inclement weather may be made at the sole discretion
of either the Artist or the Client - refer to s11(c).
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Waivers
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13.
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The Artist and Client acknowledge that the performance/engagement is
an open-to-the-public function,
being held in an unrestricted-access public venue.
(a) The Artist respects the privacy of the Client and all guests/attendees at all private
functions/engagements - especially where such functions/events include children among
Client-invited guests - and it is the Artist's policy not to take or use photos/recordings
from such performances/engagements in any manner, unless the Client specifically grants
such permission in writing.
(b) In the case of open public performances, the Artist will occasionally have someone take
a limited number of photographs from the performance, as follows:
(i) All such photos are taken on the venue/grounds simply to serve to show the Artist is performing at the function/event,
(ii) The Artist will strive to ensure such photos minimize the inclusion of persons other than the Artist.
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14.
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The Artist hereby agrees to the reasonable photographing or recording of the scheduled performance
by the Client, and grants limited and non-exclusive rights to the use thereof by the Client. The
Artist authorizes and grants release to Client and Client's guests, attendees, and representatives,
to record, copy, reproduce, and/or videotape Artist's likeness, image, voice, sound, and performance
for any and all noncommercial purposes.
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15.
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The Artist waives all rights to view and/or approve any of the photographs or recordings of the Artist,
and Artist waives the right for any payment, royalties, or compensation for Client's and Client's
guests' noncommercial use of all such photographs and recordings.
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16.
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It is agreed that the Artist has no control over any photos/videos which the Client's
guests/attendees may take during the event — including pictures of other guests, children,
etcetera — nor how the Client's guests may use such photos (such as posting on social media).
The Client acknowledges the Artist has no responsibility to obtain permission from any/all
guests/attendees for any such photographs/recordings taken during the performance/engagement.
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17.
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The Client shall not be liable for any damages or injuries to the Artist, or Artist's equipment,
and Artist hereby releases Client from all form and manner of risks inherent or relating to
Artist's performance activities, and agrees to waive all claims and demands of any nature
arising from said performance or related activities, except for those losses or claims arising
from the willful negligence of the Client.
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18.
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The Client agrees to hold harmless the Artist, and waives all liability, jointly and severally,
for any injuries or damages that may be performance related, or that Artist may cause to any
persons or property while Artist is engaged in the activities described herein, except for
those losses or claims arising from the willful negligence of the Artist.
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General Terms and Conditions
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19.
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It is understood that special circumstances may arise in which this Agreement may be altered.
In cases of a venue change, extended duration, or other difficulties, the parties are free
to discuss contract amendments, which must be amenable to both parties.
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20.
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Only those Services items specifically delineated in this Agreement are being provided by
the Artist and paid for by the Client. No additional costs for items or services will be
borne by the Client without prior written consent.
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21.
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The Artist makes no warranty, either express or implied, as to the nature of the performance
or specifications, except that they will be provided in accordance with generally accepted
practices within the industry.
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22.
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Both parties must initial all additions and deletions to this Agreement in order to be valid.
This Agreement represents a complete and final expression of the parties’ agreement. The
parties will therefore be responsible only for those items expressed in this Agreement,
irrespective of any additional or contrary oral or written statements or representations.
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23.
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If the performance or parts thereof are prevented, rendered impossible or unfeasible by
any act or regulation, or by any public authority or bureau, civil tumult, strike,
physical disability, death, full or partial destruction of the performance venue, war
conditions or emergencies, Act of God, interruption of an essential public service, or
any similar or dissimilar legitimate cause beyond the control of the parties, it is
understood and agreed that there shall be no claim for damages by either party to this
Agreement, and their obligations herein shall be deemed waived.
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24.
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In the event any of the provisions of this Agreement are determined to be invalid,
illegal, unenforceable, or void for any reason by a court of competent jurisdiction,
the remaining provisions of this Agreement shall remain in full force and effect and
shall be binding on the parties hereto.
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25.
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This Agreement will be governed by and construed in accordance with the laws of the Province of Saskatchewan.
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26.
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The parties agree that they each have the power and authority to enter into this Agreement.
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27.
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The Client and Artist acknowledge that each of them has received a copy of this Agreement.
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28.
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By signing this Agreement, both parties agree to all terms set forth herein.
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IN WITNESS WHEREOF, the parties hereby agree and accept the foregoing terms and provisions of this Agreement and each of the parties have authorized their official representatives to execute on the date(s) as shown herein.
- - - - - Signatures & Dates - - - - -
Brian Pederson, Light-Hearted Fun, children's entertainer, performing artist, cosplay character performer, balloon artist, balloon twister, balloon animals, Santa Claus, clown, Easter bunny, Spiderman, elf wizard, Green Arrow, mime, KISS Demon, ninja, Lord Farquaad, leprechaun, Venom symbiote, obiwan jedi, Halloween, birthday parties, Christmas parties, Christmas concerts, school events, school parties, staff parties, kids parties, fund raisers, special events, school concerts, corporate/staff events, church groups, daycares, regina clown, regina santa, regina balloon artist, saskatchewan clown, saskatchewan santa, saskatchewan balloon artist, regina children's entertainer, bubbles the clown, children's clown, easter egg hunt, jokes, santa claus for hire, regina saskatchewan, saskatoon saskatchewan, swift current santa, moose jaw santa, Light Hearted Fun, LightHeartedFun, regina cosplay performer
Copyright ©2017-2025, Brian Pederson - All Rights Reserved
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