Event Promoter Agreement

EVENT PROMOTER AGREEMENT

This Event Promoter Agreement ("Agreement") is entered into as of [__/__/____] ("Effective Date"), by and between:

ARTIST/TALENT/ACT:
Name: [________________________________]
Professional Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Phone: [________________________________]
Email: [________________________________]
Booking Agent/Manager (if applicable): [________________________________]

(hereinafter "Artist")

AND

PROMOTER:
Name/Company: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Phone: [________________________________]
Email: [________________________________]
Promoter License No. (if applicable): [________________________________]

(hereinafter "Promoter")

ARTICLE 1: EVENT DETAILS

1.1 Event Information

Event Name: [________________________________]

Event Type:
☐ Concert
☐ Festival
☐ Theater/stage performance
☐ Comedy show
☐ Sporting event
☐ Speaking engagement
☐ Other: [________________________________]

Event Date(s): [__/__/____]

Performance Time(s):
| Show | Date | Doors Open | Start Time | End Time |
|------|------|------------|------------|----------|
| Show 1 | [__/__/____] | [____:____] | [____:____] | [____:____] |
| Show 2 | [__/__/____] | [____:____] | [____:____] | [____:____] |

1.2 Venue Information

Venue Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Venue Contact: [________________________________]
Venue Phone: [________________________________]

Venue Capacity:

• General Admission: [____]
• Reserved Seating: [____]
• VIP/Premium: [____]
• Total Capacity: [____]

1.3 Event Description

Artist agrees to perform:

☐ Full headlining performance (minimum [____] minutes)
☐ Co-headlining performance ([____] minutes)
☐ Support act performance ([____] minutes)
☐ Festival set ([____] minutes)
☐ Meet and greet ([____] minutes)
☐ Other: [________________________________]

ARTICLE 2: FINANCIAL TERMS

2.1 Artist Compensation

Compensation Structure:
☐ Guarantee Only: Artist receives a flat guarantee of $[________________________________]

☐ Guarantee Plus Percentage:

• Guarantee: $[________________________________]
• Plus [____]% of Net Receipts (or Gross Receipts) after breakeven

☐ Percentage Deal:

• [____]% of Gross Ticket Revenue
• OR [____]% of Net Receipts after expenses

☐ Versus Deal: The greater of:

• Guarantee: $[________________________________]
• OR [____]% of [Gross/Net] Receipts

☐ Door Deal: [____]% of door receipts with no guarantee

2.2 Deposit and Payment Schedule

Payment Method:
☐ Wire transfer to: [________________________________]
☐ Certified check payable to: [________________________________]
☐ Cash (for balance only)

2.3 Box Office and Settlement

Ticket Pricing:

Gross Potential: $[________________________________]

Settlement:
☐ Settlement immediately following performance
☐ Settlement within [____] hours after event
☐ Artist representative present at box office count

Settlement Calculation:
| Item | Amount |
|------|--------|
| Gross Ticket Sales | $[________] |
| Less: Facility fees | ($[________]) |
| Less: Ticket service fees | ($[________]) |
| Less: Taxes | ($[________]) |
| Net Ticket Revenue | $[________] |

2.4 Expenses (if percentage deal)

The following expenses may be deducted before calculating Net Receipts:

☐ Venue rental: $[________________________________]
☐ Production costs: $[________________________________]
☐ Marketing/advertising: $[________________________________]
☐ Security: $[________________________________]
☐ Insurance: $[________________________________]
☐ Opening act(s): $[________________________________]
☐ Other: [________________________________]

Maximum Deductible Expenses: $[________________________________]

2.5 Complimentary Tickets

☐ Artist receives [____] complimentary tickets per show
☐ Artist may purchase additional tickets at [____]% of face value
☐ Promoter comps: [____] tickets

2.6 Merchandise

Artist Merchandise:
☐ Artist retains 100% of merchandise revenue
☐ Artist pays [____]% venue/promoter fee on gross merch sales
☐ Promoter provides merchandise seller(s)
☐ Artist provides own merchandise staff

Merchandise Space:
☐ Promoter provides merchandise table/booth location
☐ Artist responsible for own setup

ARTICLE 3: PROMOTER OBLIGATIONS

3.1 Venue and Production

Promoter shall provide at its expense:

Venue:
☐ Secured venue contract/agreement
☐ All required permits and licenses
☐ ADA-compliant accessible venue
☐ Adequate parking for [____] vehicles

Production:
☐ Sound system meeting Artist's technical rider specifications
☐ Lighting system meeting Artist's technical rider specifications
☐ Stage/platform (minimum dimensions: [____] x [____])
☐ Backline equipment per rider
☐ Competent sound engineer
☐ Competent lighting operator
☐ Stagehands: [____] persons for load-in/out
☐ Runner/driver for Artist (vehicle type: [________________________________])

Dressing Room:
☐ Private, lockable dressing room(s) for [____] persons
☐ Clean, heated/air-conditioned
☐ Stocked per hospitality rider (Exhibit A)
☐ Private bathroom

3.2 Marketing and Advertising

Promoter shall:

☐ Design and execute marketing campaign
☐ Minimum marketing spend: $[________________________________]
☐ Obtain Artist approval for all advertising materials
☐ Use only approved photos and logos
☐ Maintain accurate billing/credit per rider

Marketing Channels:
☐ Radio advertising
☐ Print advertising
☐ Digital/social media advertising
☐ Outdoor advertising (billboards, posters)
☐ Press releases
☐ Other: [________________________________]

3.3 Ticketing

Promoter shall:

☐ Contract with reputable ticketing company
☐ Ensure tickets on sale by [__/__/____]
☐ Provide Artist with ticket sales reports: [________________________________]
☐ Maintain accurate ticket count and accounting
☐ Provide unsold ticket count at settlement

3.4 Security

Promoter shall provide:

☐ Professional security personnel
☐ Front-of-stage barrier (if applicable)
☐ Backstage/dressing room security
☐ Parking lot security
☐ Crowd management personnel
☐ Police presence (if required): [____] officers

3.5 Insurance

Promoter shall obtain and maintain:

Artist shall be named as additional insured on liability policy.
Certificates of insurance due: [__/__/____]

3.6 Permits and Licenses

Promoter responsible for all:

☐ Event permits
☐ Noise/sound permits
☐ Alcohol licenses (if applicable)
☐ Fire marshal approval
☐ Health department permits (if food served)
☐ Other required governmental approvals

ARTICLE 4: ARTIST OBLIGATIONS

4.1 Performance

Artist agrees to:

☐ Perform a professional, first-class show
☐ Perform for minimum of [____] minutes
☐ Arrive at venue by [____:____] on event date
☐ Complete soundcheck by [____:____]
☐ Not perform within [____] miles/kilometers for [____] days before/after event

4.2 Technical Requirements

Artist shall provide:

☐ Technical rider (Exhibit B) by [__/__/____]
☐ Hospitality rider (Exhibit A) by [__/__/____]
☐ Stage plot and input list
☐ Advance call with production manager by [__/__/____]

4.3 Travel and Accommodations

☐ Artist Provides Own: Artist responsible for own travel and accommodations

☐ Promoter Provides:

• Round-trip airfare for [____] persons (class: [________________________________])
• Ground transportation (type: [________________________________])
• Hotel accommodations for [____] persons, [____] rooms, [____] nights
• Per diem: $[____] per person per day

4.4 Artist Touring Party

Artist's touring party will consist of approximately:

• Performers: [____]
• Crew: [____]
• Management: [____]
• Total: [____] persons

ARTICLE 5: CANCELLATION

5.1 Cancellation by Promoter

If Promoter cancels the event:

More than [____] days before event:
☐ Promoter forfeits deposit
☐ No further obligation

[____] to [____] days before event:
☐ Promoter pays [____]% of guarantee

Less than [____] days before event:
☐ Promoter pays 100% of guarantee
☐ Plus documented non-refundable expenses (travel, etc.)

5.2 Cancellation by Artist

If Artist cancels the event:

More than [____] days before event:
☐ Deposit refunded
☐ No further obligation

Less than [____] days before event:
☐ Deposit retained by Promoter
☐ Artist responsible for documented, non-recoverable expenses up to $[________]

5.3 Force Majeure

If event is cancelled due to circumstances beyond either party's control:

☐ Both parties released from obligations
☐ Deposit credited to rescheduled date
☐ OR deposit refunded (less non-recoverable expenses)

Force majeure events include:

• Natural disasters
• Pandemic or epidemic
• Government orders or restrictions
• War, terrorism, civil unrest
• Venue closure beyond Promoter's control
• Artist illness or injury (with medical documentation)

5.4 Rescheduling

If event must be rescheduled:

☐ Artist shall make reasonable efforts to accommodate new date within [____] months
☐ All terms remain the same for rescheduled date
☐ Tickets honored for new date OR refunds offered

5.5 Weather (Outdoor Events)

For outdoor events:

☐ Rain or shine event
☐ Event may be postponed for severe weather
☐ Decision to cancel/postpone made by [____] hours before doors
☐ Weather cancellation treated as force majeure

ARTICLE 6: EXCLUSIVITY AND RADIUS CLAUSE

6.1 Radius Restriction

Artist agrees not to perform within:

☐ [____] miles/kilometers of the venue
☐ For [____] days before the event
☐ For [____] days after the event

6.2 Exceptions

Radius clause does not apply to:

☐ Television/radio broadcasts
☐ Award shows
☐ Private corporate events
☐ Charity events (with Promoter's consent)
☐ Pre-existing obligations disclosed herein: [________________________________]

ARTICLE 7: RECORDINGS AND BROADCASTS

7.1 Audio/Visual Recording

☐ No audio or video recording permitted without separate agreement
☐ Promoter may record for archival purposes only (no commercial use)
☐ Artist controls all rights to any recordings

7.2 Broadcast Rights

☐ No broadcast or streaming rights included
☐ Live streaming permitted: [________________________________]
☐ Radio broadcast permitted: [________________________________]

7.3 Photography

☐ Professional photography permitted with credentials
☐ First [____] songs only for photographers
☐ No flash photography
☐ Artist approval required for commercial use of photos

ARTICLE 8: BILLING AND CREDITS

8.1 Artist Billing

Artist shall be billed as:

☐ Sole headliner (100% billing)
☐ Co-headliner with [________________________________]
☐ Support act ([____]% billing)
☐ Festival act

8.2 Billing Format

Artist's name shall appear:

☐ Above the title
☐ In largest font on all advertising
☐ Using approved logo/font: [________________________________]

Approved credit line:
[________________________________]

8.3 Billing Approval

☐ Artist/Agent must approve all advertising and promotional materials
☐ Submit materials for approval [____] days before use
☐ Approval deemed given if no response within [____] business days

ARTICLE 9: INDEMNIFICATION AND LIABILITY

9.1 Promoter Indemnification

Promoter shall indemnify, defend, and hold harmless Artist from:

a) All claims arising from the event
b) Venue-related claims
c) Audience injuries or property damage
d) Promoter's breach of this Agreement
e) Promoter's negligence or willful misconduct

9.2 Artist Indemnification

Artist shall indemnify, defend, and hold harmless Promoter from:

a) Claims arising from Artist's performance content
b) Artist's breach of this Agreement
c) Artist's gross negligence or willful misconduct
d) Third-party claims regarding Artist's materials

9.3 Limitation of Liability

Neither party shall be liable for consequential, incidental, or punitive damages.

Promoter's maximum liability: Amount of guarantee paid
Artist's maximum liability: Amount of guarantee paid

ARTICLE 10: REPRESENTATIONS AND WARRANTIES

10.1 Promoter Represents and Warrants:

a) Promoter has authority to enter this Agreement and present the event
b) Promoter is properly licensed where required
c) Venue is secured and properly licensed
d) All required permits will be obtained
e) Insurance will be in place as specified

10.2 Artist Represents and Warrants:

a) Artist has authority to enter this Agreement
b) Artist is not subject to conflicting engagements
c) Artist will perform professionally and competently
d) Materials provided by Artist do not inforce third-party rights

ARTICLE 11: CONFIDENTIALITY

11.1 Confidential Information

Both parties agree to keep confidential:

a) Financial terms of this Agreement
b) Settlement amounts
c) Business information of the other party

11.2 Permitted Disclosures

Disclosure permitted:

a) To professional advisors
b) As required by law
c) For tax reporting purposes

ARTICLE 12: GENERAL PROVISIONS

12.1 Governing Law

This Agreement governed by laws of [________________________________].

12.2 Dispute Resolution

Disputes resolved by:

☐ Binding arbitration in [________________________________]
☐ Mediation followed by arbitration
☐ Litigation in courts of [________________________________]

12.3 Entire Agreement

This Agreement (with riders) is the complete agreement.

12.4 Amendments

Amendments must be in writing signed by both parties.

12.5 Assignment

Neither party may assign without the other's consent.

12.6 Notices

Notices in writing to addresses above.

12.7 Severability

Invalid provisions severed; remainder enforceable.

12.8 Waiver

No waiver unless in writing.

12.9 Agency

Booking Agent: [________________________________]
Agent may execute on Artist's behalf: ☐ Yes ☐ No

SIGNATURES

ARTIST (or authorized representative):

Signature: ________________________________
Printed Name: [________________________________]
Title: [________________________________]
Date: [__/__/____]

PROMOTER:

Signature: ________________________________
Printed Name: [________________________________]
Title: [________________________________]
Company: [________________________________]
Date: [__/__/____]

EXHIBIT A: HOSPITALITY RIDER

Dressing Room Requirements:
☐ Private, lockable room
☐ Full-length mirror
☐ Adequate seating for [____] persons
☐ Private bathroom
☐ Climate control
☐ Good lighting
☐ Electrical outlets: [____]
☐ Wi-Fi access

Beverages:
☐ Bottled water: [____] (room temperature)
☐ Bottled water: [____] (cold)
☐ Hot coffee/tea service
☐ Soft drinks: [________________________________]
☐ Juices: [________________________________]
☐ Other: [________________________________]

Food:
☐ Catered meal for [____] persons
☐ Dietary requirements: [________________________________]
☐ Fresh fruit
☐ Vegetable tray
☐ Snacks: [________________________________]
☐ Other: [________________________________]

Other Requirements:
[________________________________]
[________________________________]
[________________________________]

EXHIBIT B: TECHNICAL RIDER

(Attach complete technical rider with stage plot, input list, backline requirements, and lighting specifications)

EXHIBIT C: TICKET MANIFEST

Less Facility Fees: $[________________________________]
Less Service Fees: $[________________________________]
Less Taxes: $[________________________________]

Net Box Office Potential: $[________________________________]

This Agreement is subject to attached riders which are incorporated by reference. Promoter is advised to carefully review insurance requirements and obtain appropriate coverage. All parties should have this Agreement reviewed by legal counsel before signing.