EPIC ENTERTAINMENT LLC
This Entertainment Contract ("Contract") is made effective as of December 13th, 2018, by and between EPIC Entertainment, LLC (hereafter referred to as "EPIC"), of 12104 Lake Stone Dr, Austin, TX 78738 and (hereafter referred to as "Client"), of , , .
1. DESCRIPTION OF SERVICES. Beginning on December 13th, 2018, EPIC will provide to the Client the following services:
The following performers shall perform for the following hours with the following breaks during the Client's event located at : , , .
For all performances held outdoor, the Client shall be responsible for protecting the performance area and the performer's equipment from the elements at the client's expense. The performance area must adequately protected from sun and rain, including rain driven by wind; or there must be adequate shelter near enough to the performance area and easily accessible enough to allow quick movement of the performer and performer's equipment to shelter if weather conditions threaten.
2. PAYMENT. The Client hereby agrees that all payment must be issued to EPIC Entertainment at 12104 Lake Stone Dr, Austin, TX 78738, in the total amount of $ for the Services.
A non-refundable Booking Fee of $ must be paid in advance of your event date of December 13th, 2018 in order to confirm EPIC's entertainer(s) to perform. The remaining balance of $ is due in the form of a check by mail or credit card payment on or before Client's event date.
Epic performers are not allowed to accept payments or handle payments on site at Client's event. So, please make all payments by credit card online or check by mail.
Checks shall be made out to "EPIC Entertainment" and mailed to:
12104 Lake Stone Dr.
Austin, TX 78738
If any invoice is not paid when due, interest will be added to and payable on all overdue amounts at 5 percent per month, or the maximum percentage allowed under applicable laws, whichever is less. Client shall pay all costs of collection, including without limitation, reasonable attorney fees.
In addition to any other right or remedy provided by law, if Client fails to pay for the Services when due, EPIC Entertainment has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies.
3. WARRANTIES. EPIC shall provide its Services and meet its obligations under this Contract in a timely and professional manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in the community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to EPIC at similar events.
4. TERM. This Contract will terminate automatically upon completion by EPIC of the Services required by this Contract.
5. CANCELLATION POLICY. Cancellation of this Contract by Client which is received in writing more than thirty days prior to the event date of December 13th, 2018 will result in a credit of any monies paid, which may be applied toward booking an EPIC performer for a date mutually agreed upon by Client and EPIC within one year of originally scheduled event date. Cancellation of Services received less than thirty days prior to Client's event obligates Client to make full remaining payment of the total fees agreed upon. If cancellation is initiated by EPIC all monies paid to EPIC from Client shall be fully refunded including retainer fee. Any refund shall be paid out at month's end. The following terms and conditions shall apply to any cancellation made by either party:
EPIC Entertainment reserves the right to cancel the performance, or to delay the performance for a sufficient time to correct problems, if, in its sole discretion, the performance area is inadequate or dangerous, if weather conditions make performance dangerous or damaging to equipment and Client has not provided adequate shelter, or if Client has otherwise failed to meet the terms of this Contract. If cancellation or delay of performance by performer is due to Client's failure to meet the terms of this Contract, including failure to provide adequate protection from weather conditions, then payment of the Performance Fee in full will still be due.
If a performer is unable to meet the terms of this contract due to unforeseen problems, EPIC will make every attempt to replace said performer with a similar act of equal talent. If cancellation is due to performer's failure to meet the terms of this Contract, then the Performance Fee will not be due, and EPIC Entertainment will refund the Booking Fee to Customer. If cancellation is due to performer's failure to meet the terms of this Contract for unforeseeable reasons beyond the performer's control, then refund of the Booking Fee will be the Customer's sole remedy, and performer will not be liable for any direct, indirect, consequential or incidental damages.
Epic Entertainment reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
6. MEDIA. The Client hereby grants full permission to EPIC to use without further notification, authorization or compensation any photographs, videotapes, motion pictures, recordings, or other record of the Services in any and all media, whether now known or hereafter to become known, worldwide and in perpetuity, and Client represents and warrants that no further permission is required for EPIC to use the Services as provided herein.
7. DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:
- The failure to make a required payment when due.
- The insolvency or bankruptcy of either party.
- The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
- The failure to make available or deliver the Services in the time and manner provided for in this Contract.
8. REMEDIES ON DEFAULT. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 10 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
9. FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lockouts, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of nonperformance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
10. ARBITRATION. Any controversies or disputes arising out of or relating to this Contract shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Contract. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Contract or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Contract.
11. HOLD HARMLESS AGREEMENT. Client hereby releases and holds harmless EPIC Entertainment LLC, and their respective parents, subsidiaries, affiliates, directors, officers, governors, contractors, employees and agents from and against any and all claims, causes of action, or demands relating to or arising out of EPIC Entertainment's Services, and further agree to indemnify EPIC for any claims, damages or causes of action relating to or arising out of the Services. Client understands all risk of injury relating to or arising out of the Services. EPIC agrees to carry liability insurance coverage of up to 1 million dollars for the Services.
12. CONFIDENTIALITY. EPIC, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of EPIC, or divulge, disclose, or communicate in any manner, any information that is proprietary to Client. EPIC, and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract.
13. NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the addresses listed above or to such other address as one party may have furnished to the other in writing. The notice shall be deemed received when Client replies by email, or on the third day after emailing if no email response is sent by Client.
14. ENTIRE CONTRACT. This Contract contains the entire agreement of the parties regarding the subject matter of this Contract, and there are no other promises or conditions in any other agreement whether oral or written. This Contract supersedes any prior written or oral agreements between the parties.
15. AMENDMENT. This Contract may be modified or amended if the amendment is made in writing and signed by both parties.
16. SEVERABILITY. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
17. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.
19. APPLICABLE LAW. This Contract shall be governed by the laws of the State of Texas.
December 13th, 2018
Owner, EPIC Entertainment LLC