Winding Way Records Booking Contract
Thank you for your interest in booking our Artist. Please select the performance time in the drop down box to match the total performance time of the event (this includes 15 minute breaks by the artist for each hour of the event.) Example: for a performance from 1-2PM is 60 minutes, 1-3PM is 120 minutes.
Our artist will arrive at least 30 minutes prior to the performance to allow setup time and sound check as necessary.
This Booking Contract (hereinafter referred to as the “Agreement”) is entered into upon completion of the order here (order date is the “Effective Date”) by and between the purchaser placing the order (hereinafter referred to as the “Client”) and Winding Way Records, LLC, a Pennsylvania limited liability company with its primary office located at 3603 Winding Way, Newtown Square, Pennsylvania USA (hereinafter referred to as the “Company”) (collectively referred to as the “Parties”)
IT IS HEREBY UNDERSTOOD:
a. Company is an organization, which specializes in representation of musical artists;
b. Client wishes to book the Artist specified in the order notes and
c. Client wishes to have the Artist perform live at their event.
IT IS, THEREFORE, AGREED AS FOLLOWS:
It is the Company’s obligation to arrange the performance with the Artist and their musicians for the date, time and location specified above, In the event a Artist or their Musician(s) are unable to attend the event due to sickness, accidents, acts of God, and other reasons beyond Artist’s and Musicians’ control, the Company shall offer the Client a substitute Artist in this case. If the Client does not agree to the substitution then the Company will cancel the contract and return any deposit monies to the Client.
It is the Artist’s obligation to perform hereunder subject to the availability of their Musician(s), In the event the Artist’s Musician or Musicians are unable to attend the event due to sickness, accidents, acts of God, and other reasons beyond Artist’s control, the Artist shall be permitted to substitute those musician(s) for the event.
Accommodations & Travel
This agreement assumes that all travel and accommodation costs are included in the negotiated fee stated above. The Company shall cover travel and accommodation expenses for the Artist and the Artist’s musicians and shall make necessary travel arrangements and provide a receipt of those expenses for reimbursement if the Client has agreed to cover those expenses in a separate agreement.
Production and Hospitality
a. The Client will provide one “green room” for Artist use, in close proximity to the stage if possible.
b. Food & Beverage.
Client will provide the following:
iii. A meal if a catered event or menu items from the in-house kitchen.
Stage & Tech
a. Minimum workable stage size is 14’w x 12’d (14-feet wide by 12-feet deep) or area suitable for the artist to safely perform.
b. Stage must be completely cleared of any excess equipment and swept clean prior to Artist’s arrival.
c. If venue is outdoors, stage must be protected from sun, wind and rain. If generators are in use, Generators must be of an enclosed professional type, properly grounded.
d. House lighting shall be provided.
e. Electrical power outlets shall be provided on stage to properly and safely power the Artist’s equipment. If outdoor, an electrical outlet shall be available within 25 feet of the performance area.
The technical aspects for production will be discussed in advance between Company and Client.
If the Client/Venue is providing the sound system, All equipment required must be completely set-up and tested prior to artist/crew arrival at the venue or If the Company is providing a sound system, the company will need access to the facility no less than 2 hours prior to the show time.
24. GENERAL TERMS.
A. BINDING EFFECT. This Agreement shall be binding upon the successors and assigns of the Parties in accordance with the terms hereof.
B. ARBITRATION. In the event of a dispute between Company and Client regarding the terms, construction or performance of this Agreement, such dispute shall be settled by binding arbitration in Philadelphia, Pennsylvania, according to the rules of the American Arbitration Association for the settlement of commercial disputes, then in effect. The award or decision resulting there from shall be subject to enforcement in a Pennsylvania court of competent jurisdiction. If the Licensor resides outside the United States, the binding arbitration shall be subject to the International Arbitration Rules and Arbitrated using the International Centre for Dispute Resolution (ICDR) and any award or decision is subject to the enforcement by each parties’ court of competent jurisdiction and governing law.
C. JURISDICTION/APPLICABLE LAW. Company and Client hereby submit to the jurisdiction of the courts of Pennsylvania and venue in Philadelphia, Pennsylvania, for the enforcement of this Agreement or any arbitration award or decision arising out of this Agreement. This Agreement shall be enforced or construed according to the laws of the Commonwealth of Pennsylvania. If the Client resides outside the United States, binding arbitration shall be required to resolve any and all disputes that arise and shall be subject to the International Arbitration Rules and Arbitrated using the International Centre for Dispute Resolution (ICDR) and any award or decision is subject to the enforcement by each parties’ court of competent jurisdiction and governing law.
D. INSOLVENCY. In the event that the Company becomes or is about to become insolvent or files for Federal Bankruptcy Protection or ceases business operations, all duties of the Company are terminated and this Agreement will immediately become null and void.
E. INDEMNIFICATION. The Company agrees to indemnify the Client against, and hold the Client harmless from, any and all claims, liabilities, causes of action, damages, expenses, costs of defenses (including the Client’s reasonable attorney’s fees, costs of defense, court costs and any judgment that may be awarded to a claimant) that a third party claimant may bring against the Client in relation to any act, omission or error of the Company in the performance of this Agreement.
F. LIMITATION OF LIABILITY. In no event shall the Client be liable to the Company for any incidental, consequential, special, or punitive damages arising out of this Agreement, or its termination, or in any amount exceeding the Client’s liability under the express terms of this Agreement.
G. ATTORNEY’S FEES. In the event that a party is forced to obtain an attorney to enforce the terms of this Agreement, the party prevailing in such action of enforcement shall be entitled to the recovery of attorney’s fees incurred in such action.
H. COVENANT OF GOOD FAITH AND FAIR DEALING. Company, the Artist and Client agree to perform their obligations under this Agreement, in all respects, in good faith.
I. INDEPENDENT CONTRACTOR. Neither party to this Agreement is an employee of the other, or a joint venturer or partner. The Parties shall treat each other at all times as independent contractors.
J. INCORPORATION OF RECITALS. The recitals contained at the beginning of this Agreement are incorporated herein by this reference.
K. ENTIRE AGREEMENT. The Parties agree that this Agreement is the complete and exclusive understanding between the Parties related to the subject matter of this Agreement and that it shall supersede and replace any and all prior oral and written agreements and understandings between the Parties regarding the subject matter of the Agreement. This Agreement may not be modified or altered except in writing signed by the Parties.
We can accept payment in full on this transaction prior to the event.
THE PARTIES AGREE to the terms and obligations of this Agreement and enter it as indicated by completion of the on-line transaction and payment in full payment