esl band contract

7/31/2019 ESL Band Contract

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RTWebWorks, LLC

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CONTRACT CHECKLIST

INDEPENDENT CONTRACTOR INFORMATION

Company/ Group/ Promoter/ Independent Contractor name:

Address:

Telephone number:

Fax number:

Date business started:

Number of owners:

CHECKLIST

COPY OF GOVERNMENT ISSUED ID

COMPLETED ATTACHED W-9 (LAST PAGE OF CONTRACT)*Each person paid as Independent Contractor through ESL must complete this form. Please make duplicate copies of form if needed.

COMPLETED CONTRACT WITH NECESSARY SIGNATURES

___________________

ESL Employee Signature

____________________

Printed Name

____________________

Title

____________________

Date


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Band Contract & Waiver

Terms & Conditions

The following Agreement is made this _____ day of _________, 20_____ between ___________________(band

name/manager hereinafter Independent Contractor) and HEL, Inc. d/b/a The Eastside Lounge (hereinafter ESL).

1. Term of Contract

ESL agrees to retain the services of Independent Contractor on ______ (year/month/date of event), beginning

upon the execution of this agreement

2. Qualifications

Independent Contractor acknowledges that he/she has many years experience and expertise in the nightclub

business. Independent Contractor further represents that he/she is in good health and working ability, andknows of no reason why he/she would be unable to perform the duties enumerated in this Agreement.

3. Compensation

ESL agrees to pay/provide the Independent Contractor in accordance to the following terms:

All sales of Door price

Percentage of door sales will go to in-house Sound Engineer not to exceed $75

If sales do not reach the said above amount balance will be accounted for as in-house cost

MONETARY PAY OUT FROM BAR SALES IS NULL AND VOID

We will provide basic instrument/vocal microphones, some direct boxes, and 3 monitor mixes.

4. Contractors Duties

Artist agrees to provide services according to the terms and conditions as set forth below:

Own transportation to and from Eastside Lounge and other areas as assigned

All Promotional materials

Band equipment needed to perform

Agreed to and Accepted:

Independent Contractor agrees to receive no monetary pay out from bar sales as defined above. Independent

contractor agrees to provide own transportation, all promotional materials, and sound/band equipment to ESL and

other areas as assigned.

___________________

Signature

____________________

Printed Name

____________________

Email

____________________

Date


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5. Assignment

Independent Contractor recognizes that the services to be provided are unique. Thus, this Agreement may not

be assigned without the written consent of the ESL. This Agreement shall be binding upon and inure to the

benefit of, and shall be enforceable by and against the parties and their successors and assigns.

6. Independent Contractor

Undersigned party is hereby hired by ESL as an Independent Contractor. Accordingly, it is understood that

nothing contained within this Agreement is intended to create an employee/employer relationship. Further,

any statements made or actions taken outside the scope of this Agreement shall not be incorporated herein and

shall not be construed so as to create an employer/employee relationship. Independent Contractor is

responsible for all wages, payroll tax withholding, workers compensation coverage and unemployment

compensation coverage for other employees or individuals who are associated with Ind.

7. Conflicts

Independent Contractor shall not, during the term of this Agreement, engage in any other business activity that,

directly or indirectly, conflicts with the performance of Independent Contractor's duties hereunder or competes,

in any way, with the ESLs business without prior written consent of the ESL.

8. Non-Disclosure of Confidential Information

During the course of business Independent Contractor will have access to Confidential Information of the ESL

not readily available to the public, Independent Contractor agrees that all Confidential Information isconfidential to the ESL and shall remain the ESLs sole and exclusive property. Independent Contractor warrants

and agrees that Independent Contractor will not reproduce, use, distribute publish, misappropriate or otherwise

disseminate any Confidential Information and will not take any action causing, or fail to take any action to

prevent, and Confidential Information to lose its character as Confidential Information for a period of twenty-

four (24) months immediately following the cessation of relationship between Independent Contractor and ESL.

9. Return of Confidential Information and Trade Secrets

All Confidential Information, Trade Secrets and other Company records, files, memoranda, reports, l ists,

materials, drawings, designs, proposals, plans, sketches, documents, computer programs, social networking

passwords, client lists, patron lists, email distribution lists, social networking contact lists, and the like relating to

ESLs business, which Independent Contractor used, prepared, or came on contract with in the course of, or as a

result of, Independent Contractor's relationship with ESL are the sole property of ESL. Independent Contractor

shall return all such materials, including copies, to ESL at any time upon request by ESL and immediately upon

cessation or Independent Contractor's relationship with ESL.

10.Limited Non-Compete

Independent Contractor shall not, during the term of the Agreement for a period of eighteen (18) months after

the termination of this Agreement, within the counties of Fulton and Dekalb, directly or indirectly, as agent,

principal, shareholder, partner, employee or employer, perform any duties substantially similar to those that

Independent Contractor performs for ESL during the Term of this Agreement for any person or business that

competes with the ESL. Independent Contractor acknowledges that this Paragraph contains reasonable

limitations as to time, geographic area and scope of activities to be restricted and that such promises do not

impose a greater restraint on Independent Contractor than is necessary to protect the goodwill and otherlegitimate business interests of the ESL.

11.Non-solicitation of Customers

Independent Contractor agrees that, during the duration of this agreement with ESL and for a period of eighteen

months after the termination of this agreement, for whatever reason, Independent Contractor shall not, directly

or indirectly, on behalf of any person or business, solicit, contact, or call upon any customer or customer

prospect of the ESL, or any representative of the same, with a view toward the sale or providing of any service o


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product competitive with any service or product sold or provided by the ESL for the duration of this agreement.

Provided, however, the restrictions set forth in this Paragraph shall apply only to customers or prospects of the

ESL, or representatives of the same, with which the Independent Contractor had contact during the last twenty-

four (24) months of Independent Contractors employment with the Company or who were known by

Independent Contractor to be customers or prospects, or representatives of the same, of ESL.

12.Non-solicitation of Employees

Independent Contractor agrees that during the Term of this Agreement and for a period eighteen (18) months

thereafter, he shall not, and shall not attempt to, whether directly or indirectly, or on behalf of some other

person, firm, or entity, call upon, contact, solicit, entice or encourage, or solicit another person to encourage,

any employee, agent or Independent Contractor of ESL (i) with whom Independent Contractor had had business

contact during his employment with ESL and (ii) who serves in a managerial, sales or other skilled capacity to

leave the ESLs employment.

13.Duty of LoyaltyIndependent Contractor agrees that during the Term of this Agreement, he/she shall not engage in or handle

any activities, products or services that compete, directly or indirectly, with the ESLs Business and shall not

usurp or divert any business opportunity from the ESL without prior written consent of ESL.

14.Alcohol & Drugs

Independent Contractor understands the inherent danger in performing services for ESL while intoxicated, andfor this reason hereby agrees that they shall not be under the influence of alcohol and/or illegal drugs while

performing services for ESL. Should the Independent Contractor fail to conform to this condition, Independent

Contractor agrees that they shall forfeit any right to compensation and the ESL shall have the right to

immediately terminate this agreement.

Further, should any incident occur resulting in damage to the premises of the ESL or injury to the Independent

Contractor, any patron or customer of the ESL, or any employee of the ESL, Independent Contractor agrees to

submit a drug and alcohol test at a medical facility of ESLs choosing.

15.Publicity

Any and all publicity by means of poster, newspaper, radio, television or otherwise, shall be at the sole

discretion and control of ESL.

16.TransportationTransportation will be the responsibility of the Independent Contractor unless otherwise specified in this

contract. In the event that transportation is at any time furnished by the ESL, then in consideration, the

Independent Contractor releases and forever discharges the purchase of and from all liability, claims, action, and

possible causes of action and whatsoever that may occur to the Independent Contractor and/or staff or heirs of

same from every and any loss, damage, and injury (including death) that may sustained by the Artist and/or

his/her staff and property of same during the course of said transportation.

17.Force Majeure

ESL and Independent Contractors mutual obligations hereunder shall be excused without liability if such failureis as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war,

invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion,

revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization,

government sanction, blockage, embargo, economic catastrophe, labor dispute, strike, lockout or interruption or

failure of electricity.

18.Waiver Against Damages


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26.Authority

Each party hereby certifies that it has all necessary authority to execute and deliver this Agreement and to

perform its obligations hereunder. Upon execution, this Agreement will be a valid and binding obligation of

each party and enforceable in accordance with its terms.

27.Termination of Agreement

This agreement shall be terminable at will by either party upon the giving of written notice two (2) weeks prior

to the effective date of the termination.

[Signature Page Follows]


For ESL


Independent Contractor

_____________________________

Signature

_____________________________

Signature

_____________________________

Printed Name

_____________________________

Printed Name

_____________________________

Title

_____________________________

Title

_____________________________

Date

_____________________________

Date


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esl band contract

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