ENTERTAINMENT AGREEMENT

ENTERTAINMENT AGREEMENT

FOR THE PERSONAL APPEARANCE

JOHNNY HiHAT (tm)

also known as

John David Sottile

johnny@johnnyhihat.com

jds@johndavidsottile.com

This Entertainment Agreement, "Agreement," is made between....

________________________________________________________

hereafter, YOU/YOUR/YOURS

( if incorporated, a corporation formed in the State/Commonwealth of _______________________________________________________)

(Your Address)

________________________________________________________

City____________________ST_______________Zip_____________

Telephone(s) please list home, work, cellular

________________________________________________________

E-mail

________________________________________________________

and JOHNNY HiHAT , alias of John David Sottile, hereafter, I/ME/MY/MINE

of Metro Boston, collectively called PARTIES/WE/OUR.

Where I, in the persona of JOHNNY HiHAT, perform musical entertainment services, "Entertainment," and YOU desire MY Entertainment, WE mutually agree that I will furnish, and YOU will accept my Entertainment as defined under the provisions of this Agreement and all Attachments to it, including MY Five Star Guarantee, which is incorporated by reference.

ABSTRACTED INFORMATION

I will perform my services as specified in Attachment #1, Engagement, and other Attachments, as necessary. An Abstract of Information from the Attachments follows:

Place of Engagement (VENUE):
___________________________________________________
Date of Engagement (DATE):
___________________________________________________
Starting/Finishing Time (TIME):
___________________________________________________
Engagement Type: [ ] Private [ ] Corporate [ ] Club/Lounge
Fee:_______ Overtime Rate / 5 Star Guarantee: __________
Booking Deposit: ___________ Balance Due: ____________
Pay Person at the Event: _____________________________

FINANCIAL MATTERS

Booking Deposit: YOUR Booking Deposit may be made by cash, check, or money order. YOUR Deposit with two Original Agreements, signed by YOU, must be received by ME within 3 business days of OUR "booking understanding." YOUR Deposit/Agreements received after 3 days may be returned by ME, rendering OUR understanding void, as I reserve the option to book elsewhere without obligation to YOU when Deposit/Agreements are overdue beyond the 3 day period.
Balance: The Balance must be made in cash, or by bankers check/money order, ONLY, made payable to John David Sottile. It is due upon my set-up and initiating music.
Overtime: If agreeable to YOU and ME, the HOURS may be extended at the pro-ratable overtime rate, to be paid prior to the overtime period in cash, unless an other arrangement is made by US.
Cancellation: Cancellation of OUR Agreement by YOU for any reason will forfeit YOUR deposit. Cancellation of Our Agreement by the YOU WITHIN 90 DAYS of the DATE will also require YOUR payment of the balance to ME, unless ( i ) YOU rebooked ME for an open date within 90 days of the cancelled date or ( ii ) I am able to obtain an equal substitute booking elsewhere (where there is a difference in Fee, the difference will be deducted from the Deposit). If the cancellation is due to a verifiable death in YOUR immediate family, the 90 day rebooking period is extended to 390 days. For this Agreement, YOUR immediate family means, mother, father, your grandparents, and immediate aunts and uncles through them, brothers, sisters, in-laws through them, sons, daughters, and their first cousin.(Also read BEST EFFORT)
Cancellation Insurance: Optionally, you may pay 10% of the base entertainment fee to insure against cancellation beyond 90 days of the DATE; this is called Semi Cancellation Insurance, "SEMI"; and 25% of the base entertainment fee to insure against cancellation within the 90 day period of the DATE; this is called Full Cancellation Insurance, "FULL". SEMI will protect YOU from the full loss of YOUR Booking Deposit if cancellation occurs beyond 90 days before the DATE; FULL will protect YOU from both the full loss of YOUR Booking Deposit and YOUR requirement to pay the Balance Due for a cancellation right up to the DATE. Either form of Cancellation Insurance is due with YOUR Booking Deposit and is non-refundable. SEMI insurance can only be upgarded to FULL insurance, if done so before 90 days of the DATE; within 90 days the DATE, upgrading coverage will not be available. Cancellation Insurance is not availabile to Clubs. Also, the Cancellation Insurance does not cover any unpaid Custom Production work-to-date which becomes immediately payable upon cancellation and MY rendering a final bill for services performed, and any expenses which may have been incurred by ME or my associates/sub-contractors/designates.

SPACE AND POWER

YOU, or YOUR VENUE/CATERER will furnish ME with the following....

Area: A minimum area of 10' x 10' with at least one, sturdy table 30"x96", covered and skirted, unless there is a professionally constructed audio booth from which I can operate. When a greater area is required due to the contracted entertainment, you will also provide this larger area as resonably specified by ME. Where dancing is anticipated, YOU will make certain that MY area will be proximal to the dance floor. Otherwise, YOU will make certain that I have a good view of the dance floor, and that people have open and safe access to MY location.
Electrical: MY performance area should have a minimum of 2, reliable, three prong, grounded power sources of "clean" 15 amps, 115/120 volt circuits, on separate circuits if possible, within 25 feet of the table. If YOU provide YOUR own generated power, YOU are responsible for the quality of the power and any harm which it could have on MY electrical equipment, despite other electrical protection that I may bring. If YOU rent my generator, I will be responsible for my own power quality.
Access: The VENUE should be made available to ME at least 1.5 hours before the scheduled starting time. If it is not, the first provision of MY 5 Star Guarantee, "No Silent Room." may be beyond MY control. If the room is not available to me 1 hour before YOUR event, I will make a resonable attempt to be ready at your actual start time, HOWEVER I CANNOT WARRANTEE MY READINESS.
Suitability: The VENUE must meet all city/state/federal fire, safety, and occupancy regulations. YOU or the VENUE also must have all necessary entertainment, performance, and music licenses. YOU AND/OR THE VENUE WILL INDEMNIFY ME IN THESE MATTERS.
Weather: Unless waived by ME, MY area for outdoor performances will have a tent or similar overhead protective covering to prevent damage to MY equipment through adverse weather conditions which includes direct sun on the electrical equipment and CDs.

INDEPENDENT CONTRACTOR

I am an Independent Contractor, not an employee of YOU. I expressly have the right to control the manner, means, and details of MY Entertainment, as agreed upon. Further, I have the complete supervision, direction, and control over the performance of my personnel, subcontractors, agents, (collectively, MY Entourage) if any, at this Engagement.

PERFORMANCE GUARANTEE & BEST EFFORT

I guarantee to fulfill the provisions of My 5 Star Guarantee, and this Agreement upon both of which YOUR payment is based and due. Further, I guarantee to employ my best efforts and talents to deliver the "spirit" of YOUR intended event. Nonetheless, I cannot, and therefore do not, guarantee the moods of YOUR guests, whether they will enjoy themselves, dance, or like the music selections which have been chosen -- generally or specifically -- by YOU or ME.

Also, recognizing that this is a personal services agreement, in which YOU have specifically chosen MY Entertainment, I will make every effort to personally fullfill this Agreement. However, there may be limits to this effort.

Major Force: Acts of war, terrorism, civil disobedience, natural and man-made disasters, denied access by governmental authority, and other restraints beyond MY control, may prevent MY completion of this Agreement, without recourse to YOU for MY non-performance other than voiding this Agreement and causing MY full refund of YOUR Booking Deposit for the event(s) which are either cancelled for these reasons, or held on government military bases or property where MY access is denied due to these Major Forces. Notwithstanding, with respect to Major Forces of a temporary nature, such as but not limited to snow storms, hurricanes, etc., OUR Agreement will remain in force and WE will work to set a new date. If YOU have acquired Full Cancellation Insurance, YOU may cancel this Agreement without further loss.
Delayed Performance: If I am only late starting my performance due to unavoidable detention caused by Major Forces, YOU have the option to add that amount of time to the end of the function at no charge, or deduct a pro-rated amount/refund (determined by the FEE divided by HOURS ) from the Balance Due.
Acute Incapaciting Illness: As this illness will only occur very close to the Engagement, I or my designates will work to assure the success of YOUR event by finding a replacement, subject to YOUR approval, whose music, and entertainment style most resembles MINE. Financial and performance provisions of this Agreement will remain in place, excepting that in this "referral" role, MY sole responsibility to YOU will be to act as an intermediary. You will contract directly with the substitute; and in no event will I be held liable for any personal injury, property damage, subjective performance-related complaints, or for any other mishaps occurring at the function that are directly or indirectly the fault and/or responsibility of the substitute. MY substitute and YOU agree to indemnify and hold the ME harmless against any claim for damages resulting from the booking. If no acceptable substitute act can be found, or if YOU decide to find YOUR substitute, I agree to refund YOUR deposit. Payments for Custom Production(s), if any, will be kept; the work-to-date will become your property, and I will endeavor to work with MY or YOUR substitute to assure the success of YOUR event. Otherwise, upon MY refund, and OUR final reconciliation and payment of expenses, if any, OUR Agreement will be completed.
Long-term Illness/Physical Incapacitation: Our Agreement will become void by my action due to long-term medical illness or physical incapacitation suffered by ME. Where possible, and if desired by YOU, I will assist YOU in finding substitute entertainment. YOUR deposit, if any at the time, will be returned with my notice and all contractual matters between us will be completed.

SAFETY & RESPONSIBILITY

Since YOU know of the environment in which I will perform, YOU are responsible and liable for MY safe Engagement with respect to YOU, YOUR member(s), guest(s), patron(s), student(s) or any other person(s), including workers, agents, or other sub-contractors welcomed or retained by YOU; and YOU will take necessary steps to protect ME, MY Entourage, and MY property from any type of abuse, theft or damage resulting from YOUR Engagement. Where validated loss occurs, YOU will be responsible for restitutions which includes not only the item(s), but the time and effort necessary to replace it/them (such as the inestimable time to rebuild and recatalog a cd library, buy equipment, and more).

I have the right to deny any person access to MY area, music, and equipment. Should circumstances, deemed by ME, present an imminent or implied threat of injury or loss to ME, MY Entourage, or MY property, I reserve the right to stop performing, without YOUR approval, until YOU have resolved/removed the threatening situation once notified by me, if I am able to do so at the time of the incident. If possible, I will alert YOU to a fulminating problem. Whether the matter is resolved by YOU, or YOUR designate(s), and I resume performing, which I will not unreasonably refuse to do providing that I am physically able, or whether the situation it is not resolved, YOU must still pay ME all Fees per Attachment #1, and others, as if the Engagement had been completed in fact without interruption. Other remedies available to ME may be also be sought.

Likewise, I will be responsible to YOU, YOUR member(s), guest(s), patron(s), student(s) or other persons(s) welcomed by or retained YOU for acts against them caused by ME, My Entourage, or My equipment in the same spirit of the above paragraph.

GENERAL PROVISONS

This Agreement will be construed according to the laws of the Commonwealth of Massachusetts. Any legal action resulting from an unresolvable dispute between US must be filed in Norfolk County District Court in Dedham, MA.

If any provision of this Agreement is held invalid under this law, that provision will become void, and where possible a substitute provision, if any, will be placed. Regardless, the invalidity of any one or more provisions will not invalidate the remaining provisions of this Agreement.
Paragraph titles have broad meaning and do not limit the content of the paragrah(s).
This Agreement constitutes the entire and only agreement between US, and it supercedes all previous Agreement(s), documents, or discussions. This Agreement may not be modified unless amended in writing and is signed by both of US.
This Agreement may not be assigned by either of US without the approval of the other PARTY.
BY SIGNING BELOW, YOU ATTEST THAT YOU HAVE READ, UNDERSTOOD, AND APPROVED ALL TERMS, CONDITIONS, AND PROVISIONS STATED HEREIN, PLUS WITH ALL ATTACHMENTS AND FEES. YOU FURTHER ATTEST THAT YOU HAVE THE AUTHORITY TO SIGN THIS AGREEMENT AND TO INSURE ITS PAYMENT AS DEFINED.

Please sign two originals Agreements and return BOTH Agreements with YOUR deposit. It's recommended that you keep a third for your temporary record.

Our Agreement becomes effective upon MY acceptance of YOUR originals. One signed original of OUR Agreement will be returned to you, personally, or via Certified Mail, returned receipt.

UNDERSTOOD & ACCEPTED by YOU

Print Name:

__________________________________________________

Signature:

__________________________________________________

Title (if applicable):

__________________________________________________

Date:

__________________________________________________

ACCEPTED by JOHNNY HiHAT, a.k.a. John David Sottile

Signature:

__________________________________________________

Date:

__________________________________________________