Professional Musician Service Contract
This Agreement is made on , 2006 by and between Douglas E. Leadbitter on behalf of South Carolina Professional Musicians, LLC, booking agent for the Capital City Brass Quintet ("Contractor") and ("Client"), hereinafter collectively referred to as ("Parties")
1. DESCRIPTION OF SERVICES
Contractor, in exchange for the compensation paid by under this contract, agrees to provide the following services: Music for Wedding Ceremony by the Capital City Brass Quintet.
A. Place of Engagement:
A. B. Date of Engagement:
B.
C. Starting & Finishing Time: .
C.
D. Type of Engagement: :
D.
E. Compensation: $
Deposit: $ 200.00 Payable to South Carolina Professional Musicians, LLC by check, accompanied with the executed contract. Deposits not received with the executed contact are subject to return, rendering the contract null and void.
Balance: $ Payable to South Carolina Professional Musicians, LLC on the date of service. If Client requests musical selections that are not already in possession of Contractor, in addition to the above fees, Client agrees to pay the actual cost of purchasing music as documented by a receipt. If Client requests music that is not available for purchase, Client agrees to pay an additional fee of $300.00 per music selection for a special Contractor arrangement composition fee.
2. RETURNED CHECKS
If any check for payment is returned for insufficient funds, Client agrees to pay Contractor a $100.00 service charge in order to cover the costs and inconvenience to Contractor. Contractor also specifically reserves the right in it's sole discretion to terminate the Contract with no further obligation to perform under this Contract in the event the deposit check is returned for insufficient funds, unless Client pays the entire contracted amount and the service fee described above, in cash, upon demand. If the balance check is returned for insufficient funds, Client agrees to pay the balance due, the $100.00 service charge, and all legal costs associated with collection, including a reasonable attorney's fee.
3. FORCE MAJEURE
Contractor shall not be held responsible for delay or default caused by fire, riot, acts of God, or war if the event is beyond the Contractor's reasonable control.
4. CANCELLATION/BREACH
General: If the services described herein are cancelled by Client for any reason prior to the date of the performance described in Paragraph 1, regardless of cause, Client shall be in breach and Contractor's sole remedy shall be retention of the deposit as liquidated damages. If Client cancels on the date of the performance, for any reason, Client shall pay Contractor the full contracted amount as liquidated damages.
If Contractor cancels for any reason prior to or during the performance, except for the occurrence of the events described in Paragraphs 2, 3, and for unfavorable weather conditions as described herein, Contractor shall be in breach and Client's sole remedy against Contractor is a full refund of the deposit paid as liquidated damages.
Client specifically waives any and all claims against Contractor for specific performance and for any type of damages known or unknown including actual, special, consequential, or punitive.
Unfavorable Weather: If the event is scheduled to be held out of doors and unfavorable weather conditions such as: outside temperatures below 65 degrees Fahrenheit, rain, or windy conditions, Contractor shall have the option of proceeding with the performance if Client provides adequate shelter from the elements (determination of what constitutes "adequate shelter" to be made in the Contractor's sole discretion); or Contractor shall have the option of canceling the performance. Client shall pay Contractor the full amount agreed for the services if in the Contractor's sole discretion, cancellation is warranted due to unfavorable weather conditions or inadequate shelter.
5. OVERTIME
If Client desires an additional period of performance beyond the time designated in Paragraph 1 above, Contractor reserves the right to either refuse to continue the performance at Contractor's sole discretion or extend the performance at the pro-ratable per minute overtime compensation rate of $ 500.00 per hour, to be paid in full by Client, in cash, prior to the overtime period.
6. MERGER AND MODIFICATION
This contract constitutes the entire agreement between the Parties. There are no other understandings, agreements, or representations, oral or written, not specified within this contract. This contract may not be modified, supplemented or amended, in any manner, except by written agreement signed by both Parties.
7. SEVERABILITY
If any term of this contract is declared by a court having jurisdiction to be illegal or unenforceable, the validity of the remaining terms shall not be affected, and, if possible, the rights and obligations of the parties are to be construed and enforced as if the contract did not contain that term.
8. APPLICABLE LAW AND VENUE
This contract is governed by and construed in accordance with the laws of the State of South Carolina. Any action to enforce this contract must be brought in the Courts of South Carolina.
9. ATTORNEY FEES
In the event any dispute that may arise as to the terms or performance of this contract, Client shall pay the Contractor's reasonable attorney fees and all costs in connection with the action.
10. EFFECTIVENESS OF CONTRACT
This contract is not effective until fully executed by both parties.
Contractor
By: Douglas E. Leadbitter Date
South Carolina Professional Musicians, LLC
Client
By: Date
B.