•1) The following artist binder must be paid in full by PURCHASER before artist offer will be processed. The event dates has not been guaranteed by the ARTIST and won’t be secured by PURCHASER simply by signing this binder agreement and paying the binder fee.
•2) The mutually agreed upon event dates will only be secured upon ARTIST confirmation of the Offer, issuance of a separate booking contract, execution of the booking contract and rider and PURCHASER’s payment of the ARTIST deposit outlined in the booking contract.
•3) By signing this binder the PURCHASER agrees that the AGENT will act as their exclusive agent for the purpose of negotiating the attendance by ARTIST for the below event(s). The AGENT is not always the the exclusive representative of ARTIST’s within its network. The AGENT will act as the PURCHASER’s exclusive agent for the purpose of negotiating the engagement with the ARTIST. If PURCHASER contacts or attempt to contact a different party to secure the same ARTIST at any time the full binder fee will be retained by AGENT, without liability as liquidated damages.
•4) If the PURCHASER in any way fails to honor their initial artist offer and this binder by not returning agreements in signed condition, breach any of the agreement clauses, becomes unavailable for extended period of times during negotiations, fails to forward remaining deposit(s) or otherwise by their own actions jeopardize the AGENT’s ability to secure the engagement, the full binder fee will be retained by AGENT without liability as liquidated damages.
•5) The ARTIST may choose not accept the PURCHASER’s offer after a binder has been issued by the AGENT. Any mutually agreed offer adjustments necessary to secure a confirmation will be reflected in the final booking contract. The binder fee will be applied towards AGENT’s commission in the first deposit. Any remaining balance will then be applied towards the ARTIST deposit.
•6) The PURCHASER’s offer will be valid for a period of fourteen (14) business days following the AGENT’s receipt of the binder deposit fee. If the artist(s) requested is unavailable for the date(s) or declines the offer, the binder fee will be returned by AGENT to PURCHASER within two (2) business days unless otherwise mutually agreed in writing. The binder fee must be paid via our form with paypal. The booking fee can be a bank wire, business check, certified moneyorder, paypal or moneygram (no personal checks). Any bank/paypal/moneygram transaction fee’s outlined in the binder invoice is non refundable. The binder fee will not be returned if the PURCHASER fails to adhere to binder terms, fails to provide requirements or in any other way Jeopardize the deal from coming into fruition.
•7) This binder agreement does not constitute a booking contract or a confirmed offer, absolutely NO advertising (even by word of mouth) is to take place before the ARTIST confirms the offer in writing, a separate booking contract has been issued to PURCHASER and returned to AGENT in signed condition, all remaining deposits had been made to AGENT by the PURCHASER and the ARTIST approves marketing material. If PURCHASER in any way breach binder agreement terms, retracts their binding offer, becomes unavailable for extended period of times during negotiations or fails to forward remaining deposit(s) or otherwise disrupts AGENTS ability to negotiate and confirm the offer, the AGENT has the right to terminate this binder agreement, without liability, and retain binder deposits as liquidated damages.
•8) If the PURCHASER in the future breach any part of the booking contract or fails to provide ARTIST requirements outlined elsewhere in the rider including failure to provide flights, accommodation, technical equipment, security, per diems, meals etc. the binder fee will be retained by AGENT as liquidated damages.
•9) If any part of this agreement shall be deemed to be invalid or unenforceable by a court of competent jurisdiction to make such determination. the remainder of the Agreement shall remain in full force and effect.
•10) Nothing contained herein shall be construed as creating any agency, partnership or other form of joint enterprise between the parties.
•11) This Agreement may be changed only by mutual agreement of authorized representatives of the parties in writing.
•12) In the event that any legal action is brought against AGENT as a result of the PURCHASER, or PURCHASER's officers, directors, shareholders, principals, employees or agents, or arising out of the Event(s) itself, Promoter agrees to bear all costs associated in the defense of itself and Talent in such action(s).
•13) This agreement shall be governed and construed according to the law, of the state of Michigan. The parties hereto consent to the exclusive jurisdiction of the courts of the state of Michigan and/or of any federal court located in such state in connection with any action or proceeding arising out of or related to this agreement.
THE SIGNATURE BELOW CONFIRMS THAT THE PARTIES HAVE READ AND APPROVED EACH PROVISION SET FORTH ABOVE.