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Home My WebLink About24-0116 Concerts - Ship ShapePage I 1 PERFORMANCE AGREEMENT This Agreement is made and entered into this 1¢, day of , 2024, by and between the City of Elgin, Illinois, an Illinois municipal corporation (hereinafter referred to as the "City"), and _Ship Shape_ ( hereinafter referred to as the "Artist") For and in consideration of the mutual promises and undertakings contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. That Artist will give a performance as follows: Name and Address of Place of Engagement: Lords Park 100 Oakwood Blvd. Elgin, IL 60120 _ Date(s) of Engagement: June 271, 2024 Type of Engagement: _Musical Performance Starting and finishing time of engagement: 7:00pm-8:30pm_ Number of Performers: 3 2. That the City in consideration of the artistic services of the Artist agrees to pay a total fee of $_ 300 . Said fee is the total compensation to be paid to the Artist inclusive of any and all costs and expenses incurred by the Artist in connection with the subject performance. Payment shall be made to the Artist within 30 days after the completion of the performance. 3. The parties hereto understand and agree that N/A acted as booking agent for the artist in this agreement. The commission due booking agent is included in the contract price and is to be paid by the Artist. The parties agree that the City has no responsibility or liability for any payments to any booking agent. The Artist hereby indemnifies and holds the City of Elgin, its officers, employees and agents harmless from any and all claims, causes of action or expenses whatsoever relating to same. 4. That it is understood and agreed that the Artist has executed this agreement as an independent contractor and is not an employee of the City. This agreement shall not be construed to create an agency, joint venture or employment agreement between the parties hereto. 5. That the content, nature and medium of the program shall be entirely within discretion of the Artist, except that the City shall have the right to direct the Artist to f. Page 12 discontinue any activity constituting a violation of a state statute, applicable ordinances or directions of lawful authority. 6. That the City grants approval for the Artist to sell his/her own recordings or souvenirs prior to the performance, during intermission, and directly after the performance. 7. That the City reserves the right and privilege of canceling this agreement by giving thirty (30) days prior written notice to the Artist. In the event the City cancels this performance within thirty (30) days of the scheduled date thereof, the Artist shall be paid fifty percent (50%) of the contracted fee. In the event the City cancels this performance within seven (7) days of the scheduled date thereof, the Artist will be ;rformance fee, ent the performance involves an outdoor performance and the City itdoor performance due to rain, the Artist agrees to perform on the same I a later time the same day outdoors or on a later date depending upon wring obligations. In such an event of a rain -out, Artist will be paid 100 fee whether the performance is cancelled, played indoors, postponed to Page 13 provisions of any rider attached hereto, that the provisions of this form contract shall control. 14. This contract represents the entire agreement between the parties hereto. There may be no modification to the terms hereof without the express written consent of the City of Elgin. 15. If any provisions of this contract should be deemed invalid by any court of competent jurisdiction, the remaining provisions shall remain in full force and effect. 16. All notices required herein shall be directed to the parties as follows: Valerie Jenig Special Events Coordinator 150 Dexter Ct. Elgin, IL 60120 Artist: _Ship Shape c/o Nicole Cupo Payable to: _Ship Shape LLC IN WITNESS WHEREOF, the parties have executed this agreement on the date and year first written above. CITY 0 GIN X/ By - By City anager Its FEIN#ISSN: