AGREEMENT FOR SOUND CONTRACTING 112 Chandy Street Boone, NC 28607 (336) 978-4262 or (828) 266-1293 haynesproductionsinc@gmail.com
Agreement by and between Haynes Event Productions, Inc (hereinafter referred to as “Contractor”) and __________________ (hereinafter referred to as “Buyer”) for the purpose of contracting sound production between the undersigned
parties.
EVENT LOCATION: LOAD IN:
DURATION OF EVENT: To be determined by venue unless otherwise noted in contract
1. Equipment and Services Provided: Contractor hereby agrees to provide all the sound equipment specified in Attachment “A”, attached hereto and made a part of this Agreement, along with all personnel required for its operation. Contractor warrants that the equipment listed in Attachment “A” is in good working order and equal to the manufacturer’s operation specifications. Any additional equipment or services requested between seven (7) days prior to, and including, the day of the event will subject the Buyer to additional fees. Contractor cannot guarantee that said requested services will be available to be provided.
2. Payment: The total for services rendered is $_______________ Buyer shall pay to Contractor the amount of $_____________ upon the
execution of this agreement as a non-refundable deposit to hold the date and as an initial payment for Contractor’s services. Payments can be made by check to Haynes Event Productions, Inc. At the completion of the event on (date)_________ , Buyer shall pay to Contractor, in U.S. Currency, the remaining balance of $_________________.
3. Default or Cancellation: In the event of default or canceled events on the part of the Buyer prior to 15 days from the event, Contractor shall retain all deposits paid. In the event of cancellation between 5 and 15 days from the event, Contractor shall be paid 50% of the remaining balance. In the event of cancellation fewer than 5 days prior to the event, Contractor shall be paid the entire agreed upon amount. An event may be rescheduled providing complete contractual agreement is reached before the original date of the event. While all moneys
previously paid will be applied to the rescheduled date, an additional rescheduling fee of 20% of the original contracted amount will be assessed. An event may be rescheduled only once before Buyer is considered to be in default.
Any failure on the part of the Buyer to meet the terms outlined herein (including but not limited to items listed in Attachment “A”) shall be considered grounds for default, with compensation to be rendered according to time frame listed above.
Financial loss arising form the event shall be the sole responsibility of the Buyer. The compensation terms as set by this Agreement shall remain in effect except in the case of negligence on the part of the Contractor.
4. Weather: This Agreement is for service rendered rain or shine. Contractor or Buyer have the right to interrupt the performance of Contractor’s duties hereunder in the event of inclement weather or any other conditions which Contractor or Buyer reasonably regard as
hazardous to any person or persons that would damage Contractor’s equipment. Any such interruption, postponement or cancellation of
services shall not affect Contractor’s compensation specified herein. The Buyer will provide a covered shelter for any on-stage equipment,
including Main PA system (subs and mains). The Contractor will provide a shelter for the front of house equipment.
5. Theft or Damage to Equipment & Security: Buyer shall be responsible for any theft or damage to Contractor’s equipment while located at the
Venue except for normal usage. This responsibility begins when trailer door is unlocked at in and ends when trailer door is locked at load-out. Equipment shall be valued at current replacement value, or, if equivalent equipment is not immediately available, then at original cost. Reimbursement for damages shall be made within a ten-day period from date of invoice. Buyer shall provide appropriate security for Contractor’s personnel and equipment during the term of this Agreement.
6. Personnel: Contractor will provide qualified personnel to operate all
equipment provided for in this Agreement. No other personnel, including Buyer and/or his employees, shall operate the Contractor’s equipment without the approval of Contractor. Buyer shall issue all-access permits to all designated employees of Contractor in advance of Contractor’s arrival at the venue. Contractor is not responsible for delays related to access issues.
7. Parking: Buyer will provide adequate parking immediately adjacent to the staging area for the loading and unloading of equipment and
parking/vehicle access permits to Contractor and his designated vehicles. Parking shall be reserved in advance for any vehicle the Contractor may need in the performance of his duties hereunder. It is Buyer’s
responsibility to retain access to and from the stage area and to secure Contractor’s parking during the entire term of this Agreement.
8. Electrical Power: Buyer shall provide the electrical power and circuits necessary for Contractor to perform its duties hereunder. The
Contractor’s electrical requirements are listed in Attachment “A” attached hereto. Buyer will use only licensed and bonded electricians in preparing
the Contractor’s electrical requirements. Power must be in place and of the specifications in Attachment “A” one hour before the load-in time specified herein. Failure to have electrical power installed as of such time shall obviate Contractor’s obligation to have equipment ready for the show start time as specified herein, but shall not affect Buyer’s obligation to compensate Contractor for any overtime.
9. Independent Contractor Status: Contractor is acting as an independent contractor in the performance of his duties herein. Buyer is not
responsible for any workman’s compensation insurance of any kind for Contractor or Contractor’s employees or personnel. All expenses pertaining to Contractor’s employees and personnel, including but not limited to taxes, insurance, union or guild dues are the sole responsibility of the Contractor.
10. Reserves: Contractor reserves the right to use any videos or
photographs shot during the event for Contractor’s promotional materials and personal use.
11. Insurance: Contractor shall obtain and keep in force, at its sole cost and expense, liability insurance for the period of time included from the arrival of Contractor at the event to the departure of the Contractor at the end of the Agreement. Such policy shall insure all parties against liability for bodily injury and personal injury and again liability for property damage, including liability for damage to property of Buyer, in amounts up to Five Hundred Thousand Dollars ($500,000.00) combined single limit for one occurrence.
12. Litigations: In case collection proves necessary, Buyer agrees to pay all fees (including all attorney’s fees and court costs) incurred by that
process.
13. Venue Fees: All charges by facilities such as but not limited to power, labor, parking, supervision etc. are at the full expense of the Buyer. It is
Buyer’s responsibility to notify Contractor of any additional fees that might be incurred as a result of Contractor’s activities.
14. Complete Agreement: This Agreement is the complete understanding between the parties and supersedes and replaces all previous
agreements or representations both written and oral. Any amendment or modification to this agreement must be made in writing.
THE UNDERSIGNED PARTIES have read and understand the terms and conditions of this Agreement and do hereby set their hands and seals. __________________________________________ ________________
CONTRACTOR DATE
__________________________________________ ________________
BUYER DATE
_______________________________________________________ BUYER’S STREET ADDRESS
_______________________________________________________ CITY, STATE, ZIP
_______________________________________________________ TELEPHONE