BOOKING CONTRACT
This contract is made on this day of ______________ between ________________ and Jacob Rountree for the hiring of Band as independent contractors to perform for ____________ located at the address of ________________________
It is agreed as follows:
1. Place, date, and time of Show. The parties agree that the time and place of Show will be Venue, located at the address _____________________, on the _______________________ from ____________________
2. Description of Show. Show will be a musical performance with musical content decided by Band. Show will last of a minimum of _____ hours.
3. Payment. Compensation for the Show will be _____________ dollars, payable by Check, Cash Venmo or Quickbooks Invoice (being the "Fee"). The Fee is due immediately following Band's Show, but may be made earlier.
4. Cancellation. If full payment is not available by day of Band's Show, Show may be cancelled by Band, and
_________ may not seek any damages. Cancellation may be made by Operator before 4 weeks prior to the time of Show. If Show is cancelled within 4 weeks of Show, Operator must pay Band's full Fee.
5. Force Majeure. In the event Show cannot reasonably be put on because of unpredictable occurrences such as an act of nature,
government, or illness/disability of Band, no portion of the Fee is due, and the parties may negotiate a substitute Show on the same terms as this Agreement save for the time of Show, with no further deposit of Fee due, in which case a new Agreement reflecting this will be signed by the parties. No further damages may be sought for failure to perform because of force majeure.
6. Security, Health, and Safety. Bozeman Hot Springs warrants that Venue will be of sufficient size to safely conduct Show, that
Venue is of stable construction and sufficiently protected from weather, and that there will be adequate security and/or emergency
medical responders available if foreseeably necessary. Operator maintains sufficient personal injury/property insurance for Venue
sufficient to cover foreseeable claims.
7. Arbitration settles disputes. All claims or disputes by either party from or under this Agreement will be submitted to arbitration.
Any court that would otherwise have had jurisdiction over the dispute will enforce both settlement by the Arbitration Service and any
arbitration award. Parties will be their own costs, save that any fee charged by Arbitration Service to submit the case to Arbitration
Service may be recovered from the other party in a arbitration award.
8. Severability. If any portion of Agreement is in conflict with any applicable law, such portion will become inoperative, but all other portions of Agreement will remain in force.
9. Riders. Nothing in Agreement shall prevent any rider from being added to Agreement that is favorable to Band, as judged by Band.All riders must be in writing and signed by the party against whom enforcement is sought.
10. Illegal Substances. Bozeman Hot Springs enforces a zero tolerance policy towards the use of illegal substances within the facility.Any infraction by the band or their guests towards this policy will result in an immediate cancellation of the performance and will result in a 50% decrease of Fee payment to Band.
11. Liability Waiver. In consideration of my participation in the Bozeman Hot Springs Spa and Fitness Facility, I hereby covenant
and agree to release, indemnify and hold harmless the Bozeman Hot Springs Spa and Fitness Center, its owners, employees and agents from any and all losses, cost, claims, damages, injuries, thefts or liabilities, whatsoever, whether or not based on negligence, including strict liability, arising out of or in any way connected with my participation. As a guest of the Bozeman Hot Springs Spa and Fitness Center, I acknowledge and agree to abide by the rules and regulations as they are in effect now or as they may be amended and signature attest to. The below-signed Band Representative warrants s/he has authority to sign this agreement for Band in its entirety. The below signed Operator's Representative warrants s/he has authority to bind Operator and Venue (above).
