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UTA/REG Terms & Conditions
<br />Contract #:
<br />16. Counterparts
<br />This Agreement may be executed in any number of counterparts, all of which taken together shall constitute one single agreement between the parties. The parties
<br />agree that transmission to the other party of this Agreement with its facsimile signatures shall suffice to bind the party transmitting the same to this Agreement in
<br />the same manner as if an original signature had been delivered. Without limitation of the foregoing, each party who transmits this Agreement with its facsimile signature
<br />covenants to deliver the original thereof to the other party as soon as practicable thereafter.
<br />17. Waiver.
<br />No delay or omission by either party to exercise any right or power it has under this Agreement shall impair or be construed as a waiver of such right or power. A
<br />waiver by either party of any breach or covenant shall not be construed to be a waiver of any succeeding breach or any other covenant. All waivers must be in writing
<br />and signed by the party waiving its rights.
<br />18. Confidentiality:
<br />The terms of this Agreement, as well as correspondence and documentation related to this Agreement, are confidential to the parties and may not be disclosed
<br />to any third parties without the prior written consent of the parties hereto, except as disclosure may be required to professional advisors or by law or courtorder, or
<br />for carrying out the purposes of this Agreement. Further, the parties shall treat as confidential all information, data and documents acquired by each other relating to
<br />the business affairs of the other, except as such information may already be in the public domain. Notwithstanding anything to the contrary contained herein, if
<br />Artist is subject to a recording contract which mandates disclosure of show- and touring -related information and documentation to the record label as part of that
<br />contract, then any disclosures made by Artist (or Artist's agent or representative) in compliance therewith (including, without limitation, this Agreement and
<br />documentation ancillary hereto), shall be permitted and shall not be deemed a breach of the confidentiality provision(s) hereof by Artist (or Artist's agent or
<br />representative).
<br />Security and Insurance:
<br />Purchaser agrees to provide security personnel and take all security measures to ensure the safety of Artist during the engagement hereunder. Purchaser's failure
<br />to provide such security shall be a material breach of this Agreement and governed by the terms of Paragraph 4 herein.
<br />(a) On the date of the contracted performance and through completion of Artist's load -out, Purchaser shall have valid, current and appropriate
<br />commercial general liability insurance with limits of no less than $1,000,000 (US) per occurrence to cover its liability as noted above, and
<br />worker's compensation insurance for Purchaser's employees in accordance with legal requirements. Upon reasonable request, Purchaser shall
<br />provide Artist with a certificate evidencing the above insurance.
<br />(b) In the event Artist contracts with Purchaser as an individual, as opposed to a legal entity, Purchaser will require a COI (Certificate of Insurance) as detailed
<br />in this paragraph. If Artist contracts directly as an individual, Artist acknowledges that Artist shall carry its own general liability and workers compensation
<br />insurance as required by law in order to perform at this event. Artist's failure to comply with any workers compensation obligation imposed on Artist by
<br />applicable law shall be considered a breach of this agreement and Purchaser may, as its sole right and remedy, cancel the engagement as a result thereof
<br />(subject to Artist's reasonable opportunity to cure same upon timely, separate, and written notice from Purchaser). Artist further acknowledges that they
<br />must provide a COI to Purchaser within ten (10) days of written request by Purchaser.
<br />20. Licenses/Forms:
<br />Purchaser shall be responsible for acquiring all licenses, permits and authorizations required to be obtained for this performance, including without limitation, any
<br />and all union, guild, music publisher, record company, performing rights society and public authority permissions, consents and licenses. All such licenses, permits
<br />and authorizations shall be valid and in effect throughout the Term of this Agreement and shall specifically cover any and all performance(s) hereunder.
<br />Artist must provide a proper and completed tax form (W-9, WT -1 I, or W4 -NA) prior to the event upon Purchaser's separate written request (e-mail to suffice). All cash
<br />requests are subject to Purchasers approval. Artist acknowledges that he/she is an independent contractor and accepts full responsibility for payment of all of its/his/her own
<br />taxes, including without limitation, unemployment compensation, all income tax deductions, social security deductions, any and all other taxes or payroll deductions required for
<br />all employees engaged by Artist in the performance of the work authorized by the Agreement. The Purchaser shall not be liable for any taxes or musician union dues required as
<br />a result of Artist's employees, agents, or representatives' performance under the Agreement, unless otherwise agreed in writing.
<br />Limitation of Liability:
<br />Notwithstanding anything to the contrary contained herein: (i) in no event shall either party be liable for any incidental, special or consequential damages (including,
<br />without limitation, any lost profits or loss of business, whether foreseeable or not), occasioned by any cause whatsoever. Purchaser shall not be liable to Artist for
<br />any injury or damage to Artist or the Artist's equipment, unless such injury or damage is caused by the negligence or intentional conduct of Purchaser its agents,
<br />employees, contractors, subcontractors, volunteers, and/or the like. Artist shall remove all of Artist's equipment and personal effects from the stage location and
<br />dressing rooms no later than within a reasonable time after the end of Artist's performance, unless prevented or prohibited from doing so through no fault of the
<br />Artist.
<br />22. Equipment
<br />With the exception of the equipment detailed on the Contract Face and Artist rider (per advance), any additional equipment needed and/or required by Artist shall be at the
<br />expense of the Artist, unless otherwise agreed in writing by Purchaser.
<br />225 Polk Avenue, Suite 130, Nashville, TN 37203 • (615) 564-2580 • www.unitedtalent.com
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