17-1018 Cynthia Shababy Art HarvestArt Harvest
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PERFORMANCE AGREEMENT
This Agreement is made and entered into this / 0000 day
of 6(—V ?Oz , 20L'L, by and between the City of Elgin, Illinois, an
Illinois municipal corporation (hereinafter referred to as the "City"), and
(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. The artist shall be com�en*ated in the amount of $�_ for their
services. C Ai OA191 -S C�'Fr %A9 qGT7// /l7 e'� .
Name and Address of Place of Engagement:
DuPage Court
Elgin, IL, 60120, and surrounding locations.
Date(s) of Engagement: October 28, 2017
Type of Engagement: Art Harvest
Starting and finishing time of engagement: arrival time- 12:15; event time- 1 -4pm.
2. The parties hereto understand and agree that N/A has 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 discontinue any activity constituting a violation of a state statute,
applicable ordinances or directions of lawful authority.
6. That no performance shall be recorded, reproduced or transmitted from the
place of the performance in any manner or by any means whatsoever in the
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absence of a specific written agreement with the Artist or the Artist's
representative.
7. 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.
8. 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 paid its full performance fee.
9. That in the event the performance involves an outdoor performance and the
City cancels the outdoor performance due to rain, the Artist agrees to perform
on the same day indoors, at a later time the same day outdoors or on a later
date depending upon the Artist's touring obligations. In such an event of a
rain -out, Artist will be paid 100 percent of its fee whether the performance is
cancelled, played indoors, postponed to a later time the same day or postponed
to a later date.
10. That the Artist reserves the privilege of cancellation by giving sixty (60) days
prior written notice to the City in the event of television, motion picture or
other major career enhancing engagements.
11. That the Artist shall pay all applicable union fees. 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.
12. Indemnification. To the fullest extent permitted by law, Artist agrees to
indemnify, defend and hold harmless the City, its officers, employees, boards
and commissions from and against any and all claims, suits, judgments, costs,
attorney's fees, damages or other relief arising out of or resulting from or
through or alleged to arise out of any reckless or negligent acts or omissions
of Artist's officers, employees or agents in the performance of this agreement.
In the event of any action against the City, its officers, employees, agents,
boards or commissions covered by the foregoing duty to indemnify, defend
and hold harmless, such action shall be defended by legal counsel of the
City's choosing.
13. That this agreement shall be subject to and governed by the laws of the State
Illinois. Venue for any action brought pursuant to this agreement shall be in
Kane County, Illinois.
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4. That the following riders are attached hereto and made a part of this
agreement: please attach riders if applicable. It is understood and agreed
between the parties hereto that in the event of any conflict between the terms
of this form contract and the provisions of any rider attached hereto, that the
provisions of this form contract shall control.
5. 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.
6. 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.
7. All notices required herein shall be directed to the parties as follows:
Amanda Harris Artist: - G L,4A- 7i47 /�
Cultural Arts Commission, Staff Liaison
150 Dexter Court
Elgin, Il 60120
Payable to: please refer to W9 form already on file
IN WITNESS WHEREOF, the parties have executed this agreement on the date
and year first written above.
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