Agreement Between Exclusive Featured Act

& Professional Entertainment Consultants

This agreement is initiated (date)_____________, between Professional Entertainment Consultants™, an Entertainment Agency, and the undersigned performing act (herein referred to as The Artist), a performing act. This agreement shall be considered effective on the date signature by all parties has been completed. This agreement shall be in force for an initial term of 12 months. Termination of this contract may be made only by expiration of the contract term or by mutual written agreement and under mutual terms as agreed to by all parties.

Upon termination of this Agreement for any reason, both The Artist and Professional Entertainment Consultants shall not act in any manner that may compromise the future business success of the other party. breach on this provision may result in punitive damages as determined in a court of law.

Professional Entertainment Consultants is an independent, sub-contracted business and is not an employee per se of The Artist. The Artist warrants that they are an independent business and responsibility for licenses and taxes for the business remain the sole responsibility of The Artist.

As compensation for Artist Booking services, as hereinafter described, The Artist agrees to compensate Professional Entertainment Consultants in the following Manner:

10% of the Gross Booking price for those engagements primarily negotiated by The Artist for clients procured through the Artist.

For Clients Procured by the Professional Entertainment Consultants Network of Offices and Agents, a Booking Fee Charged (typically 20%) above an agreed upon net performance fee for The Artist. This fee shall be set by a Fee Schedule Addendum wherein the Artist is paid a net rate based on the type of performance, length of  performance, distance of travel and other variables as determined in advance.   The Fee Schedule Addendum may be changed and updated at any time during the term of this agreement and shall be incorporated herein once initialed by all parties and shall apply to any client for which no negotiation or price has been previously quoted.  The fee may further be adjusted, without any written change, on a “per engagement basis” if mutually agreeable to all parties and still within the spirit of the current Fee Schedule Addendum, based on some condition which may not conform to or be covered by the Fee Schedule Addendum.

Professional Entertainment Consultants shall not have the right to collect any commissions on performance booked before the effective term of this agreement, even if a performance shall actually take place during the term of this agreement. Professional Entertainment Consultants shall have the right to collect commissions on any performance booked during the effective term of this agreement, even if a performance shall actually take place after the termination of this agreement.

The Artist shall at all times maintain a professional act, employing appropriate side performers and should be prepared for any specific performance booked in all way’s reasonably possible. The Artist may refer all bookings to Professional Entertainment Consultants for Contracting.  Artist, at their option, may negotiate with their own clients or may refer them to Professional Entertainment Consultants for negotiation or marketing purposes.   Both parties shall keep the other informed of which current clients they each respective party is working with as is reasonably possible so as not to create a conflict in negotiating or booking a client.

This agreement covers primarily booking and contracting of The Artists and does not include any accounting, hiring or payroll functions, musical or performance functions, advertising costs or any other function except as mentioned. Professional Entertainment Consultants cannot forecast or guarantee success within the entertainment industry, but will act on the best interest for the potential future success of The Artist at all times as is reasonably possible.

All financial data associated with both the Professional Entertainment Consultants and The Artist shall not be released or discussed without proper approval by either The Artist or Professional Entertainment Consultants. This includes information to side performers or support personnel who may work with or as part of The Artist’s performing act. 

Any party to this agreement may enforce this agreement. If a dispute arises out of or related to this agreement or the breech thereof and if said dispute cannot be settled by direct discussions and legal recourse is sought through the courts, the venue shall be that of appropriate jurisdiction located in King County, State of Washington, U.S.A. In the event that legal recourse is sought the prevailing party shall be entitled to any and all reasonable legal costs involved in bringing or defending the action. These costs shall be paid in addition to any judgment, which may be received in the action, unless that judgment includes as part of the settlement said legal cost. This agreement shall be governed by and construed in accordance with the laws of the State of Washington.

Any official written notice shall be sent registered certified mail, postage prepaid, return receipt requested. All notices shall be effective when the first notice is received. All notices under this Agreement shall be sent to the addresses listed below for the respective parties unless a subsequent change of official mailing address is made and notice given to all parties thereof.  If either party fails to enforce any term of this Agreement, failure to enforce on those occasions shall not prevent any enforcement of any term of this agreement on any other occasion.

At the time of signing, this constitutes the entire agreement between the parties without regard to any previous or subsequent verbal agreements unless such verbal agreements are made part of this agreement in writing and by mutual consent.  This agreement shall be binding on the parties hereto undersigned below and on their executors, administrators, personal representative, successors and assigns.

OTHER CONDITIONS, INCORPORATED HEREIN:

See “Fee Schedule Addendum” Addendum Attached and incorporated fully herein

Professional Entertainment Consultants as Exclusive Booking Agent, agrees, subject to The Artist’ availability and cooperation, to  provide the following  services

A)    Provide exclusive booking  and contracting services for The Artist.

B)     Maintenance of Current schedule, bookings and availability as provided by The Artist.

C)    Contract all performance including those by clients of The Artist and those booked on behalf of clients of Professional Entertainment Consultants.

D)    Follow-up with past or potential repeat clients.

E)     Provide a “Domain Level” web site for the promotion of The Artist.

F)     Provide optional advertising and/or marketing opportunities with negotiated (usually discounted) media sources, at cost, in order to promote The Artist

G)    To present the Artist on the Professional Entertainment Web Sites as A “Featured Exclusive Act”  with an enhanced presence on searches and in print, broadcast e-mail and other marketing provided by Professional Entertainment Consultants.

H)    If requested to advise and counsel The Artist as needed with respect to decisions concerning performance, booking, employment, publicity, selection of literary, artistic and musical material, wardrobe, public relations and advertising, and all other matters pertaining to professional activities and career in the entertainment, amusement, and musical fields.

I)       Completing applications for Fairs and festivals where applicable.

J)       Preparing, assembling and arranging for delivery of promotional packets to potential clients at cost as determined by the parties

K)    Notification of  venues where The Artist will be performing when possible.