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This Agreement is made and entered into on this day of , by and between:
(Each a "Party," and together, the "Parties.")
This Agreement shall commence on and continue for a period of months unless terminated earlier as provided in Section 9.
The Musician engages Far West Talent and Promotions (the "Agency") as a non-exclusive booking representative for securing live performance engagements ("Bookings"), and the Agency agrees to perform such services under the terms of this Agreement.
Use reasonable best efforts to solicit, negotiate, and secure live performance engagements for the Musician within Texas and elsewhere as authorized. Submit all performance offers to the Musician for approval before acceptance. Collect performance fees when authorized and remit them under Section 5. Comply with all applicable local, state, and federal laws governing booking agency operations.
Provide accurate and timely materials (biography, photos, technical specifications, availability). Fulfill all confirmed bookings professionally and punctually. Retain the right to arrange bookings independently or through other representatives, with no obligation to route opportunities solely through the Agency.
The Agency shall receive fifteen percent (15%) of the gross performance fees for any engagements booked, arranged, or negotiated by the Agency during the term.
Payment Procedures: When the Agency receives payment, it may deduct its 15% commission and remit the remainder to the Musician within ten (10) business days. When the Musician receives payment directly for an Agency-booked engagement, the Musician shall remit the Agency's 15% commission within seven (7) business days of receipt. The Agency's commission applies only to engagements it secures or directly negotiates before termination of this Agreement.
No expenses shall be incurred on behalf of the Musician without prior written consent. Approved expenses are reimbursed upon presentation of itemized receipts.
The Agency shall keep accurate records of all bookings and payments. The Musician may inspect such records upon fifteen (15) days' written notice, not more than twice per calendar year.
The Parties acknowledge that the Agency acts as an independent contractor, not as an employee, partner, or joint venturer. Each Party is responsible for its own taxes and obligations.
Either Party may terminate this Agreement by mutual written consent; or by providing thirty (30) days' written notice if the other Party materially breaches this Agreement and fails to cure within that period. Upon termination, the Agency remains entitled to commissions for engagements booked or confirmed prior to termination.
Each Party agrees to indemnify and hold harmless the other Party, its officers, employees, and agents, from and against all claims, damages, or losses arising from that Party's own breach, negligence, or misconduct.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Any dispute shall be brought exclusively in the state or federal courts located in Brewster County, Texas, and both Parties consent to such jurisdiction and venue.
Neither Party shall be liable for failure or delay in performance caused by circumstances beyond reasonable control, including acts of God, labor disputes, or public emergencies.
This Agreement constitutes the entire understanding between the Parties and supersedes all prior agreements. No amendment is valid unless made in writing and signed by both Parties.
If any provision is deemed invalid, the remainder of this Agreement stays in full force.
All notices must be written and delivered personally, by certified mail, or by recognized courier to the addresses above (or any updated address provided in writing).
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
By submitting, you acknowledge you have read and agree to the terms above. A Far West representative will countersign and return a copy within 3 business days.
Thank you. A Far West Talent & Promotions representative will review, countersign, and return your agreement within 3 business days.
