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Musician Performance Agreement

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  2. Event Disclaimer

    Powhatan County Parks & Recreation offers programs and special events in a family-friendly atmosphere. All music that is performed should be suitable for all ages. Participating musicians should keep the family-friendly nature of Parks and Rec events in mind when selecting music and should not perform music that contains coarse or offensive language, profanity, vulgar words, references to sexual conduct, violence, or music that would otherwise be an affront to Powhatan County's community standards. Parks and Recreation reserves the right to review and approve all music that will be performed at events and to exclude any music it deems offensive. Musicians not willing to perform music that complies with these guidelines will not be allowed to perform at Parks and Recreation events. 

    Musicians are allowed to hang a banner, sell CD's, and collect tips during performances. We strive to give our artists a positive performance experience and will promote through advertisements, e-mails, and web highlights on our website and our Facebook page. We appreciate your interest in playing for the Powhatan community!

  18. To be used for promotion.

  25. A W-9 form is required for payment from the County. The form must be submitted at least 2 weeks in advance to receive a check in person, on the evening of performance, otherwise, checks will be issued and mailed after the W-9 form is submitted. Payment processing can take up to 14 days.

  27. MUSICIAN PERFORMANCE AGREEMENT

    This Musician Performance Agreement ("Agreement") is entered into as of today's date, by and between:

    Musician(s): The Artist/Band identified on this form
    Client/Promoter: Powhatan County, located at 3834 Old Buckingham Rd, Powhatan, VA 23139

    The parties hereby agree to the following terms and conditions:

    1. Performance Details:

    • Event: First Friday Performance
    • Date and Time: [Event Date], Performance from 6:00 PM to 8:00 PM (2 hours)
    • Break: A 30-minute break will be taken between the performance, at a time determined by the artist and the client.
    • Arrival Time: Musician(s) will arrive at 5:00 PM (at least 1 hour before performance) for setup.
    • Location: Village Park Gazebo, 3825 Marion Harland Ln, Powhatan VA 23139

    2. Compensation:

    • First Friday bands/ musicians will be paid a flat performance fee of $300 for the 2-hour performance unless otherwise negotiated with .
    • Farmers Market musicians will be paid a flat performance fee of $100 from 4:00pm-6:30pm with two 15 minute breaks. 
    • In addition to the flat fee, the musician(s) will be entitled to tips from the audience, if applicable.
    • Payment Schedule: The full performance fee will be paid upon completion of the performance.

    3. Musician's Responsibilities:

    • The musician(s) are responsible for providing all necessary sound equipment (e.g., microphones, amplifiers, speakers, cables, etc.) required for the performance.
    • The musician(s) must ensure that all equipment is set up and operational before the performance begins.

    4. Cancellation/Termination:

    • By Musician(s): If the musician(s) need to cancel the performance, they must notify the client at least 7 days prior to the event. If the musician(s) cancel within 7 days, they will be required to pay a cancellation fee of 50% of the agreed performance fee.
    • By Client: If the client cancels the event, they must notify the musician(s) at least 7 days prior to the event. If the client cancels within 7 days, the musician(s) will be entitled to the full performance fee.
    • Unforeseen Circumstances: If either party is unable to perform due to force majeure (e.g., illness, natural disaster, or other unavoidable circumstances), neither party will be held liable, and the contract may be terminated without penalty.

    5. Liability and Indemnification:

    • Indemnification by Musician(s): The musician(s) agree to indemnify, defend, and hold harmless the client, venue, and their respective employees, agents, or representatives from any and all claims, demands, or lawsuits arising out of the musician(s)' performance or actions, including but not limited to personal injury, property damage, or theft during the event.
    • Indemnification by Client: The client agrees to indemnify, defend, and hold harmless the musician(s) from any and all claims, demands, or lawsuits arising out of the venue’s conditions, operations, or any third-party actions related to the event.
    • Insurance: Both parties acknowledge that they are responsible for maintaining their own insurance to cover their respective risks (e.g., personal injury, property damage).

    6. Miscellaneous:

    • Independent Contractor: The musician(s) are performing as independent contractors and not as employees of the client. Nothing in this Agreement shall be construed as creating an employer-employee relationship.
    • Confidentiality: Both parties agree to keep the terms of this Agreement confidential unless disclosure is required by law.
    • Dispute Resolution: Any disputes arising from this Agreement will be resolved through arbitration in the jurisdiction of Powhatan, Virginia.
    • Governing Law: This Agreement is governed by the laws of the state of Virginia.
  29. Electronic Signature Agreement

    By checking the "I agree" box below, you agree and acknowledge that 1) your application will not be signed in the sense of a traditional paper document, 2) by signing in this alternate manner, you authorize your electronic signature to be valid and binding upon you to the same force and effect as a handwritten signature, and 3) you may still be required to provide a traditional signature at a later date.

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