PERFORMANCE AGREEMENT
This performance agreement (hereinafter the "Agreement") has been entered into in [Place of signing] on [Date of signing] between the following parties:
1. PARTIES
1.1 [Name of the performer]
Registry code / personal identification code: [Registry code / personal identification code of the performer]
(hereinafter the "Performer")
1.2 [Name of the organiser]
Registry code / personal identification code: [Registry code / personal identification code of the organiser]
(hereinafter the "Organiser")
2. PERFORMANCE
2.1 Event: [Name of the event].
2.2 Venue: [Venue].
2.3 Date: [Date of the performance], time [Time of the performance].
2.4 Duration of the performance: [Duration of the performance (minutes)] minutes.
2.5 The Performer arrives at the venue in good time so that the performance can begin at the agreed time. The Organiser designates a contact person for the event who arranges the reception of the Performer and access to the stage.
3. PROGRAMME
3.1 The Performer performs the following programme:
[Description of the programme]
3.2 Within the programme, the Performer decides on the artistic content of the performance. At the Organiser's request, the Performer provides a list of the works to be performed (setlist) together with the details of the authors, as necessary for calculating authors' royalties.
4. FEE
4.1 The performance fee is [Performance fee (€)] euros. VAT included in the fee: [Does the fee include VAT?].
4.2 If the Parties have agreed on an advance payment, it is paid upon entry into the Agreement and deducted from the final fee. The advance payment is [Advance payment (€)] euros.
4.3 Unless the Parties have agreed otherwise, the Organiser pays the performance fee, less the advance payment, on the basis of the Performer's invoice after the performance (Law of Obligations Act (VÕS) § 637 (3)). In the event of delay in payment of the fee, the Performer may demand late interest at the statutory rate (VÕS § 113 (1)).
4.4 The performance fee does not include the royalties payable to the authors of the works performed. The licence for the public performance of musical works is obtained and the royalties are paid by the Organiser (e.g. through the Estonian Authors' Society) unless the Parties have agreed otherwise.
5. EQUIPMENT AND SAFETY
5.1 The equipment necessary for the performance is provided by the Organiser.
5.2 The technical and hospitality requirements for the performance (rider) form an integral part of the Agreement if the Parties have agreed on them. Technical requirements:
[Technical requirements]
5.3 The Organiser ensures the Performer's access to the venue for the soundcheck and preparation. The soundcheck takes place [Soundcheck time].
5.4 The Organiser ensures a safe stage and the power supply necessary for the performance and, as the organiser of the event, security and public order at the venue, complying with the requirements for organising events established by the local government (§ 59 (1) of the Law Enforcement Act). If the safety of people is at risk (e.g. a thunderstorm or storm at an outdoor event), either Party may interrupt or postpone the performance; if the danger was not caused by the interrupting Party, this is not deemed a breach of contract and clause 9 applies with regard to the fee.
6. TRANSPORT AND ACCOMMODATION
6.1 Transport and accommodation costs are included in the performance fee.
7. RECORDING AND NAME
7.1 Recording and broadcasting of the performance is not permitted without the Performer's prior written consent.
7.2 The copyright in the work performed and the performer's rights remain with the Performer or the rightholder. The recording, transmission and communication to the public of the performance require the prior written consent of the performer (Copyright Act (AutÕS) § 67 (2), § 68 (1)); use broader than that specified in clause 7.1 requires a separate agreement.
7.3 The Organiser may take photographs of the event and use them for coverage of the event; clause 7.1 applies to audio and video recording.
7.4 The Organiser may use the Performer's name, photographs and logo solely for advertising and covering this event. The Performer provides the materials necessary for this; the right ends after the event has taken place, except with regard to materials already published.
8. CANCELLATION
8.1 The Organiser may withdraw from the Agreement free of charge up to [Free cancellation deadline (days before)] days before the date of the event.
8.2 In the event of a later cancellation, the advance payment is not refunded. In such case, the Performer is entitled to the agreed fee, less whatever the Performer saved as a result of the termination of the Agreement or acquired or could reasonably have acquired by using the Performer's labour otherwise, and the advance payment made is counted towards this claim (VÕS § 655 (1)).
8.3 If the Performer is unable to perform, the Performer gives notice thereof without delay and refunds the advance payment received. Where possible, the Performer offers a new performance time; whether to accept it is at the Organiser's discretion.
8.4 The provisions of clauses 8.1–8.2 do not restrict the Organiser's statutory right of withdrawal, where such a right exists by law.
9. FORCE MAJEURE
9.1 A Party is not liable for failure to perform an obligation if this was caused by force majeure. In such case, the Parties agree on a new time or the amounts paid are refunded.
9.2 Force majeure is a circumstance that the Party could not influence and, in accordance with the principle of reasonableness, it could not be expected that the Party would take it into account at the time of entering into the Agreement, or avoid or overcome it or its consequences (VÕS § 103). A Party notifies the other Party of the circumstances of force majeure immediately.
10. LIABILITY
10.1 A Party is liable for breach of the obligations arising from the Agreement unless the breach is excusable (VÕS § 103). The injured Party is entitled to demand compensation for both direct patrimonial damage and loss of profit (VÕS § 128).
10.2 If a Party is a consumer, the terms of the Agreement do not restrict that Party's statutory rights from which a derogation to the detriment of the consumer is void by law.
11. NOTICES AND FINAL PROVISIONS
11.1 Notices related to the Agreement that have legal consequences are given in writing or in a form reproducible in writing (including by e-mail).
11.2 The performance fee and other terms of the Agreement are confidential unless the Parties have agreed otherwise or an obligation of disclosure arises from law.
11.3 Each Party is itself responsible for the performance of its tax obligations arising from law.
11.4 Disputes arising from the Agreement are resolved primarily through negotiations; failing agreement, the dispute is resolved in court in accordance with the procedure provided by law.
11.5 Amendments to the Agreement are made in writing or in a form reproducible in writing. If any provision of the Agreement is invalid, this does not affect the validity of the remaining provisions. The Agreement enters into force once both Parties have signed it.
12. LEGAL BASIS
12.1 The Agreement is governed by the law of the Republic of Estonia, in particular the Law of Obligations Act and the Copyright Act. The provisions of the Law of Obligations Act on contracts for services (§§ 635–657) and its general part apply to the Agreement; the provisions of the Copyright Act on the rights of performers (§§ 65–68) apply to the use of the performance.