LIVE MUSIC AGREEMENT
This is an online agreement between Sammie Zonana and the undersigned (hereafter called “Client”). Sammie agrees to provide musical entertainment for the engagement detailed on Client’s Paypal Invoice.
CONDITIONS OF EMPLOYMENT
The term of this Agreement commence upon the execution of this Agreement, and terminate upon performance of the event.
Client listed above is financially responsible for the Performance Fee on their Paypal invoice.
Sammie Zonana agrees to perform in a professional, workmanlike manner according to the prevailing standards in the industry (“Services”). Sammie Zonana agrees to have complete control of her performance, but is not responsible for the impact on the final product of any interference caused by guests or other vendors at the Event.
Suitable protection from weather elements (Sun, Rain, etc.) must be provided.
Retainer/Payment/Cancellations: A 50% non-refundable retainer (applied toward the total fee for the Services) is due upon execution of this agreement, at which time Sammie Zonana commits to being available to Client on that date. Final payment of the balance due for the Services shall be made no less than 7 days prior to the Event Date. In the event that Client fails to remit payment as specified, Sammie Zonana shall have the right to immediately terminate this Agreement with no further obligation to refund money (including the aforementioned retainer), or to attend the Event. In lieu of forfeiture, the deposit may be applied to another date mutually agreed upon by both parties.
The agreement of Sammie Zonana to perform is subject to proven detention by accidents, riots, strikes, epidemics, acts of God, or any other legitimate conditions beyond their control. If such circumstances arise, all reasonable efforts will be made by Sammie Zonana to secure a suitable replacement. If Sammie Zonana is sick and unable to perform, all efforts will be made to ensure playlist music is played through speakers for 50% of what client paid for the original performance. Should Sammie Zonana be unable to procure replacement entertainment, Client shall receive a full refund. Client agrees that in all circumstances, Sammie Zonana’s liability shall be exclusively limited to an amount equal to the performance fee and that Sammie Zonana shall not be liable for indirect or consequential damages arising from any breach of contract.
It is hereby further agreed; that the Client shall be held liable for any injury or damages to Sammie Zonana, or property of Sammie Zonana, while on the premises of said engagement, if damage is caused by Client or guest, engagement invitees, employees, or any other party in attendance, whether invited or not.
It is understood that if this is a "Rain or Shine" event, Sammie Zonana’s compensation is in no way affected by inclement weather. For outdoor performances, Client shall provide overhead shelter for setup area. Sammie Zonana reserves the right, in good faith, to stop or cancel the performance should the weather pose a potential danger to her, the equipment, or audience. Every effort will be made to continue the performance. However, safety is paramount in all decisions. Sammie Zonana's compensation will not be affected by such cancellation.
This agreement guarantees that Sammie Zonana will be ready to perform at the start time of the engagement. No guarantee is made as to Sammie Zonana time of arrival; however, Sammie Zonana requests that she be permitted 60 minutes before the engagement and 30 minutes after the engagement for setup and takedown. Sammie Zonana also requests ramp or elevator access between the parking/service entrance and the setup area. If Client or venue requires Sammie Zonana to complete setup more than one hour before the start time, or to postpone takedown more than 1 hour after the end time indicated, the additional time will be charged at the rate of $50/hour.
Engagements within the Triangle metro area will not be assessed a travel charge. Events requiring travel in excess of a 45 mile radius of the State Capitol will be charged at $1.00 per mile round trip. Engagements in excess of 250 miles will require accommodations be made for an overnight stay in a local hotel/motel for Sammie Zonana to be provided by Client.
A. Mediation. Any disputes arising out of the terms of this Agreement or its interpretation shall be mediated in good faith, and any resolution resulting from mediation shall be binding on the Parties, and shall have the same effect as an order of court. The Parties shall bear the costs of mediation equally.
B. Arbitration. In the event that any disputes arising from this Agreement are not resolved through mediation, the Parties agree that any remaining disputes shall be submitted to binding arbitration under the rules of the American Arbitration Association. The Parties shall agree on an arbitrator to arbitrate any disputes, and if the Parties are unable to agree on an arbitrator, Client and Sammie Zonana shall select an arbitrator, and those two selected arbitrators shall select a third arbitrator, who shall arbitrate any disputes. The results or rulings of the arbitrator shall be binding on the Parties, and shall have the same effect as a court order. The Parties shall bear the cost of arbitration equally.
By executing this Agreement as Client, the person executing said contract, either individually, or as an agent or representative, represents and warrants that he or she is eighteen (18) years of age, and further, if executing said contract as agent or representative, that he or she has the authority to enter into this agreement and should he or she not have such authority, he or she personally accepts and assumes full responsibility and liability under the terms of this contract.
All attached riders are an integral part of this Agreement. This Agreement will supersede any other agreement. If any part of this agreement is illegal or unenforceable, the remaining provisions of this Agreement will remain valid and enforceable to both parties. This Agreement contains the entire agreement between the parties and no statement, promises, or inducements made by any party hereto, or agent or representative or either party hereto, which are not contained in this online Agreement, shall be valid or binding. This Agreement shall not be enlarged, modified, or altered except in writing by both parties and endorsed hereon.
Client may not transfer this Agreement to another party without the prior written consent of Sammie Zonana. This agreement is not binding until signed by both Client and Sammie Zonana has received it. Any changes must be written and signed by both the Client and Sammie Zonana. Oral agreements are non-binding.
LIMITATION OF LIABILITY. SAMMIE ZONANA'S ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR INJURY ARISING UNDER OR RELATING TO THIS AGREEMENT IS LIMITED TO THE FEES PAID BY CLIENT FOR THE SERVICES. IN NO EVENT SHALL SAMMIE ZONANA BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF CLIENT INFORMS SAMMIE ZONANA OF CIRCUMSTANCES THAT WOULD GIVE RISE TO SUCH DAMAGES.