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PERFORMANCE ENGAGEMENT AGREEMENT
This Engagement Agreement (hereafter referred to as “Agreement”) constitutes a contractual agreement by and between Aerial Arts Studio, LLC (hereafter referred to as “AAS”) and _
_, (hereafter referred to as “Client”). Any additions, modifications, or alterations to any portion of this agreement must be approved in writing and signed by both AAS and Client and attached as an addendum to this agreement. Performance details can be found in the attached Performance or Invoice (hereafter referred to as “Invoice”).
AAS agrees to furnish entertainment services and Client agrees to purchase services as outlined in the attached Invoice and detailed further herein. The parties hereby agree as follows:
• Initial Deposit.
Client agrees to pay a non-refundable deposit equal to $250. Unless otherwise specified, the deposit should be made via Square Invoice, Zelle 706-207-0718 or by check payable to Aerial Arts Studio and mailed to 5501 Marengo Circle, Charlotte, NC 28216. Once the deposit and contract are received by AAS, the time and date are reserved on the performance schedule.
• Final Payment
. Client agrees to pay AAS the remainder of the performance fee minus the deposit amount by the performance date prior to the performance. Payment should be in the form of a check made out to Aerial Arts Studio and given to AAS Event Manager in a sealed, non-transparent envelope. If Final Payment is to be mailed, it must be received prior to the event date.
• Late Fees. All invoices not paid in full within seven (7) days of the date of the performance are subject to a $50 weekly finance charge.
• Portable Aerial Rig Area. I
f the portable aerial rig is to be used, Client is responsible for providing a level area cleared of aerial and ground obstructions in which the rig may be assembled and disassembled. If AAS is not able to pull their vehicle within ten (50) feet of the performance area, an industrial cart or motorized vehicle must also be provided by Client. Personnel and guests not tasked with rig assistance are not permitted in this area during setup and breakdown, and it is the responsibility of the Client to ensure the area is secured. Lyra and trapeze performances require sixteen (16) vertical feet in height and a square footprint of twenty by twenty by twenty by twenty feet (20’x 20’ x 20’ x 20’) once rig is assembled. Fabric acts (including silks or sling) require twenty (20) to twenty-five (25) vertical feet in height and a square footprint of the same once rig is assembled. At least five (5) feet of additional space is required for assembly and disassembly to prevent damage or disarray of other event décor and items. The lollipop lyra requires a circular footprint of six (6) feet and twelve (12) feet of vertical height.
• Rigging Point. If the portable aerial rig or lollipop lyra is not to be used, Client is responsible and liable for providing a structural and secure point onto which apparatus may be safely suspended, with a minimum static load certified at fifteen hundred (1500) pounds, with zero (0) or minimum lateral movement of that point to the best ability of the technical staff or rigging company providing the point, as judged by AAS or in writing by a licensed engineer. This is with prior agreement with the artist of how that is to be achieved, if it is not from a fixed structural point in the ceiling of the venue or the top truss or ridge bar of a free-standing rig. If this point should fail to be secure so causing an accident, then this becomes the liability of the rigging company, the venue, or Client as appropriate and not of AAS. Client will provide AAS with access to the rigging point for inspection, rigging, and de-rigging. This may be done via ladder, lift, or another method accepted by AAS in advance. For all performances, AAS will take responsibility for all rigging and will not require an in-house rigger.
• Performance Space. In order to maintain the safety of performer and audience members, AAS requires a cleared area of empty floor space underneath the performer where the audience is not permitted; ideally with security and/or a structure designed to separate the audience from the performer. Ambient Acts require a minimum of a five (5) foot diameter cleared space below the performer; Performance Acts require a minimum ten (10) feet diameter of empty floor space.
Aerial Champagne Serving is exempt from a performance space requirement
• Champagne Serving Requirements
. If hired for champagne service, Client agrees to provide a table near the performer with champagne bottles, champagne glasses, cooler and/or ice bucket, ice, trash can for corks and debris, and any other desired accouterments for champagne service. A typical set up is 2-3 bottles in an ice bucket on top of the table with the glasses, with additional bottles in a cooler and a trash can under the table hidden by a tablecloth. Client will also provide a dedicated assistant (or AAS Event Manager on request) for the performer who will open fresh bottles of champagne and take empty bottles away from the performer. If wine is to be used instead of champagne, a corkscrew must be provided. Client’s staff are solely responsible for checking guests’ IDs to confirm they are of drinking age. When possible, AAS performers will check for guest wrist bands prior to pouring beverages.
• Dressing Room. A dressing room or private changing area where members of the general public are not permitted is to be available for the performers’ use from the scheduled setup time until AAS’ breakdown/load-out time. If overnight use is necessary, dressing room should be locked. Dressing room should be located as close as possible to the stage or performance area, and should have access to restroom facilities, sink, mirror, adequate lighting, table, seating for performers, and floor space in which to stretch and warm up. Ample water must be provided for the performers.
• Audio and Lighting Systems.
Client is responsible for providing any desired audiovisual systems, as well as any necessary sound engineers and/or lighting technicians. Non-ambulatory performances must be illuminated with uplights or adequate stage lighting to display the performer. If AAS is hired for a featured performance, a sound system with CD player, iPod adapter, or headphone jack must be provided, unless DJ has received the music electronically prior to the show date.
• Special Effects. Client is liable for any damage to equipment or performer caused by inappropriate use of fire or special effects, or other accidental damage to AAS’ equipment while in their possession. The conditions of use of fire effects, or de-rig and transit of the apparatus should always be agreed with AAS before they are incorporated into the performance or logistics of the event. AAS reserves the right to a venue walkthrough prior to rigging to ascertain that it is indeed safe.
• Travel Accommodations. Events located further than 50 miles away from Charlotte, NC may be subject to travel fees, which will be included on the Invoice. If AAS’ strike time does not begin prior to 10:00 pm local time Client will provide, at Client’s own expense, a nearby hotel room (preferably at or adjacent to the venue) for every two performers. If strike time is scheduled prior to 10:00 pm but due to scheduling delays AAS’ breakdown does not begin prior to 10:00 pm local time, Client is still responsible for providing hotel accommodations as described above.
• Independent Contractor. AAS executes this Agreement as an Independent Contractor, not as an employee of the Client. AAS shall have complete supervision, direction, and control over the services of this engagement and expressly reserves the right to control the manner, means and details of the performance of services to fulfill the entertainment requirements.
• Equipment. AAS agrees to provide all necessary insurance, aerial equipment, apparatus, costumes, rigging, makeup, props, and portable aerial rig (if required); as well as aerialists, managers, and assistants necessary for entertainment options outlined in the Invoice.
• Performer Liaison. AAS may reach out to Client within two (2) weeks of the performance date to confirm details and to inform Client of their Performer Liaison. The Performer Liaison will be the Client’s primary contact for the event, and all event questions and requests should be directed to them. The Performer Liaison will be present at the event and is responsible for ensuring a smooth performance for the Client.
• Performance Safety. All performers have been working in their field for a minimum of one (2) years without incident and have extensive experience in their field. The performer is in contact with their apparatus at all times, so the risk of falls or unintended drops is very low. If any external circumstances (e.g., fireworks, inclement weather, rambunctious guests) dictate that the performer feels unsafe to perform or continue the performance; he/she will cease performing, secure their apparatus or prop, and move to a safe location. The performance will only resume once the dangerous circumstance has concluded or been rectified. Periods of forced inactivity are included in the scheduled performance time and do not entitle Client to additional performance time.
• Equipment Maintenance. AAS is individually responsible and liable for the upkeep and safe operation of their own equipment. This includes the portable rig, apparatus, and rigging; as well as all props and other equipment. All of the relevant hanging equipment has been tested and/or manufactured to a working load limit of performer's weight multiplied by ten (10). Any failure on the part of the AAS’ equipment is the responsibility and liability of AAS.
• Rigging Time. Rigging shall occur no less than ninety (90) minutes prior to the performance start time, unless a different time is scheduled. Rigging generally takes no longer than twenty (25) minutes. Breakdown requires a mere (15) minutes.
• Call Time. Call time for aerial performers shall be no less than one (1) hour prior to the scheduled performance start time. Call time for ground acts is no less than thirty (30) minutes prior to the scheduled set commencement. At this time, all performers will have hair and makeup completed and shall be ready to perform with a ten (10) minute lead time should the need arise.
• Performance Times. Each aerial performer requires a resting period of a five (5) to fifteen (15) minutes between any of their sets. Ground act performers are entitled to two (2) ten (10) minute rest periods per hour, which they will attempt to take during lulls in entertainment where it will be least noticeable. Client acknowledges elaborate costume changes may take more than ten (10) minutes.
• Overtime. If scheduling delays occur that will move the performance time over 30 minutes past the agreed-upon schedule, Client may be charged Overtime fees. Client will have a 30-minute Grace Period. After the Grace Period expires, client agrees to pay $25 per 10 min per AAS staff on site until AAS is able to complete their performance and/or commence breakdown. It is not the responsibility of AAS to warn Client when Overtime is about to begin. Client may opt to pay AAS a Day Rate instead of per-act pricing to avoid Overtime fees.
• Photography. AAS reserves the right to use all photos and video taken of their performances. All photos and videos taken of AAS performers by event staff and those hired by event can be sent to AAS through social media tagging @aerialarts.performance. Use of images of AAS by Client must be approved by AAS in writing prior to use outside of social media. AAS shall have the right to record their performance and to use the recordings.
• Support Staff. AAS reserves the right to have at least one (1) member of support staff present of their own choosing to assist with security, rigging, and technical preparation, as well as a photographer/videographer present if permitted by contract.
FORCE MAJEURE CANCELLATION
• Force Majeure. In the event of force majeure or exigency caused by events beyond the reasonable control of Client or AAS, including but not limited to temperature, weather, thunder and lightning, acts of God, public health threat, embargoes, governmental restrictions, strikes, subcontractor failures or delays, vandalism, sabotage, harassment, or any other conditions deemed to produce unsafe working conditions; then AAS has the right to not perform or to suspend a performance until such time as these conditions are resolved so that they fall within a safe limit, as judged by AAS. AAS shall promptly notify Client of such force majeure occurrence or exigency.
• In the event of a force majeure occurrence, Client may opt to provide a suitable alternative venue in which to conduct the original performance. If, in advance of the event, Client informs AAS the original performance is impossible in the alternative location, AAS will bring additional equipment necessary to provide alternative entertainment agreed upon by Client (e.g., lollipop when space will not allow silks).
• Should Client be unwilling or unable to provide an alternate venue or conditions AAS deems safe in which to perform, Client and AAS may delay or reschedule the performance for a mutually agreeable date within ninety (90) days of the original performance date. AAS will apply the paid deposit minus the booking fee already earned to the new event date. In the event of any force majeure, AAS must be notified of the force majeure occurrence by Client at least twelve (12) hours prior to the scheduled performance start time or AASwill receive their full fee as though the performance has been conducted.
NON-FORCE MAJEURE CANCELLATION
• Client Reschedule. In the event of non-catastrophic inclement weather or poor ticket sales, Client may opt to reschedule the event within ninety (90) days of the original event date. AAS will gladly work with Client to find an alternate date for consideration, based on availability. AAS will apply the paid deposit minus the booking fee already earned to the new event date but cannot guarantee all pricing will remain the same. Client must contact AAS to reschedule at least ten (10) days prior to performance date. All reschedule requests not made twelve (12) hours prior to the scheduled performance start time will be liable for the full price stated on the Invoice.
• Client Cancellation. Cancellation by Client shall not be deemed a breach of contract and shall not give rise to any cause of action against Client as long as it occurs no later than thirty (30) days prior to the scheduled performance date. In this case, AAS will retain the deposit and Client will owe no further amount. Non-Force Majeure Cancellations within fourteen (14) or fewer days prior to the performance date forfeit all money paid to AAS. All cancellation requests not made twelve (12) hours prior to the scheduled performance start time will be liable for the full price stated on the Invoice.
• Expense Reimbursement. In the event of a cancellation or rescheduled event, Client will reimburse AAS for non-refundable travel and equipment expenses already paid by AAS. AAS will provide receipts and/or invoices to demonstrate payment.
• AAS Cancellation. If for any reason other than force majeure or contract violation, it shall become necessary for the AAS to cancel their performance, notice will be made indirectly to Client in writing, stating the reasons for the cancellation. AAS will refund 100% of the deposit to Client.
• COVID-19. Client and AAS expressly acknowledge that they are voluntarily entering into this Agreement in the midst of the global COVID-19 pandemic. As such, they acknowledge that the event may be affected in such a way that Parties may incur costs and expenses or suffer losses or damages (as a result or consequence of COVID-19 or any related governmental mandates, directives or guidance. Each party hereby fully assumes the risk that COVID-19 and its impact may cause it to suffer Losses or prevent it or the other party from performing (including but not limited to the closure of the premises to the public.) By way of an example, but not an exhaustive list, AAS shall have no liability or obligation to Client in the event that the Premises are closed or activities at the Premises are restricted due to COVID-19, whether or not by governmental mandate, such that a performance at the Premises would not be permitted. Each party therefore agrees to hold the other party harmless from any losses incurred arising from or related to the COVID-19 pandemic. COVID-19 and any governmental mandates, directives, or guidance are not considered a Force Majeure event and as such, Non-Force Majeure rescheduling or cancellation terms apply.
• Jurisdiction. The Agreement shall be deemed to have been made in the state of North Carolina and shall be construed and governed according to the laws of that state, the parties hereby waiving any other jurisdiction to which they might be entitled by virtue of domicile or otherwise. Client and AAS hereby agree and consent to be subject to the jurisdiction of the state of North Carolina and any other that may be issued by such courts in reference to this Engagement Agreement and waive all objections to venue.
• Provisions. If any of the provisions of this Agreement are determined to be void or unenforceable, the remaining provisions hereof shall remain in full force.
By their signature below, AAS and Client acknowledge and confirm that they have read and approved the terms and conditions of this Agreement, and that this Agreement and attached Invoice and Rider constitute the entire understanding of the parties and no modifications of its terms shall be valid unless signed in writing by the parties hereto.
Performance date: January 7th, 2023
Performance Location: Bazal Gallery on Music Factory Blvd
Set Up Time: 6:30pm
Hire: 1 Aerialists $500 - 20 min sets on and off
Hire: 1 manager | Insurance $250
Rigging: Lollipop Lyra
Deposit Due to Book: $250
Remaining Balance: $500
Aerial Arts Studio, LLC
A North Carolina Limited Liability Company
Name: Rebecca Harwell
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What to know