HomeMy WebLinkAboutThe Aesthetic (Depot Performance) City of Jeffersonville
Government Contract Coversheet
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within 48 hrs of execution.
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Amount of Original Contract: C-00
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to original contract? Yes or
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MUSICAL PERFORMANCE CONTRACT
This Musical Performance Contract ("Contract") is made effective as of the 21"' of August, 2024 (the
"effective date") by and between The Aesthetic, LLC ("Performer"), incorporated under the laws of the State
of Indiana, having its principal place of business at the following address
306 Emerson Avenue
Clarksville, IN 47129
theaeshetic502@gmail.com
Performer's stage name as follows:The Aesthetic
and The Jeffersonville Parks Department ("Client"), having its principal place of business at the following
address:
500 Quartermaster Court
Jeffersonville, IN 47130
Referred to collectively as the "Parties."
ARTICLE 1 — DESCRIPTION OF SERVICES
On October 30, 2024,the Performer will provide to the Client the following musical services (collectively,
"Services"):
Live musical entertainment for a Costume Party ("Event")from 7:00 PM to 10:00 PM at the Depot ("Venue")
at:
628 Michigan Ave.Jeffersonville, IN 47130.
ARTICLE 2 — PERFORMANCE OF SERVICES
(1). The Performer shall arrive at the Venue no later than 5:30 PM on October 30,2024, to load in all
equipment necessary to execute the Services solicited by the Client and to perform a soundcheck.
(2.) The Performer shall perform from 1:00 PM to 10:00 PM.
ARTICLE 3 — PAYMENT
Client agrees to pay the Performer the following fees ("Fees")for the Services.
S1,500 as a fixed fee for the Services
ARTICLE 4— METHODS OF PAYMENT
The Performer will accept the following methods of payment:
Certified check
ARTICLE 5 — DEPOSIT
Upon execution of the Contract, the Client shall pay a non-refundable deposit ("Deposit")equal to fifty
percent of the total balance of the Fees to the Performer (S150).
ARTICLE 6 — BALANCE
The remaining balance of the Fees shall be paid in full upon completion of the Services (S750).
ARTICLE 7 — DRESSING SPACE AND BACKSTAGE AREA
The Client shall provide Performer and Performer's staff, employees, agents a secure backstage dressing
area. Client is responsible for ensuring no members of the public have access to the backstage dressing
area.
ARTICLE 8 — PERMITS
Client is solely and exclusively responsible for obtaining any and all permits and licenses related to the
Services.
ARTICLE 9 — CANCELLATION POLICY
All deposit fees are non-refundable.A minimum of two-weeks'notice will be required for cancellation of this
Contract.Any cancellation made with less than two weeks'notice prior to the agreed upon service date will
result in full payment by the Client. If the cancellation is initiated by the Performer,all monies paid to The
Aesthetic, LLC from the Jeffersonville Parks Department shall be fully refunded, INCLUDING the deposit fee.
Refund shall be paid out within thirty (30)days of cancellation by certified check.
ARTICLE 10 — TERM
The Aesthetic, LC and the Depot agree that this Contract shall commence on the above date and terminate
after completion of the Services and after the post-Deposit balance has been paid in full.Said agreement
may be extended and/or renewed by agreement of all parties in writing thereafter.
ARTICLE 11 — RELATIONSHIP OF PARTIES
It is understood by the Parties that The Aesthetic, LLC is an independent contractor with respect to the
Depot, and not an employee of the Client.
ARTICLE 12 — INDEMNIFICATION
The Jeffersonville Parks Department agrees to indemnify and hold harmless The Aesthetic, LLC for all
claims, losses,expenses,fees, including attorney fees, costs,and judgments that may be asserted against
the Performer that result from the acts or omissions of the Client,the Client's members, if any,and the
Client's agents.
ARTICLE 13 — ENTIRE CONTRACT
This Contract contains the entire Contract of the Parties, and there are no other promises or conditions in
any other contract,whether oral or written, concerning the subject matter of this Contract.This Contract
supersedes any prior written or oral agreements between the parties.
ARTICLE 14 — SEVERABILITY
If any provision of this Contract shall be held to be invalid or unenforceable for any reason,the remaining
provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is
invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then
such provision shall be deemed to be written, construed, and enforced as so limited.
ARTICLE 15 — AMENDMENT
This Contract may be modified or amended in writing, if the writing is signed by the party obligated under
the amendment.
ARTICLE 16 — GOVERNING LAW. This Contract shall be governed by the laws of the Commonwealth of
Indiana.
ARTICLE 17 — NOTICE
Any notice or communication required or permitted under this Contract shall be sufficiently given if
delivered in person, by certified mail, return receipt requested, or email to the addresses set forth in the
opening paragraph.
ARTICLE 18 — FORCE MAJEURE
Performer is not liable for any failure to perform due to causes beyond its reasonable control including, but
not limited to,acts of God,acts of civil authorities,acts of military authorities, riots, embargoes,acts of
nature and natural disasters,and other acts which may be due to unforeseen circumstances.
ARTICLE 19 — WAIVER OF CONTRACTUAL RIGHT
The failure of either party to enforce any provision of this Contract shall not be construed as a waiver of
limitation of that party's right to subsequently enforce and compel strict compliance with every provision of
this Contract.
ARTICLE 20 — ASSIGNMENT
Neither party may assign or transfer this Contract without the prior written consent of the non-assigning
party, which approval shall not be unreasonably withheld.
ARTICLE 21 — SIGNATORIES
This Contract shall be signed by Mikael James Attebury on behalf of The Aesthetic, LLC and by Amber Powell
on behalf of the Jeffersonville Parks Department.This Contract is effective as of the date first above written.
IN WITNESS WHEREOF, the Parties have executed this Contract as of the effective date.
THE PERFORMER
Amber Powell
Mikael James Attebury Jeffersonville Parks Department
The Aesthetic, LLC 628 Michigan Ave.
308 Emerson Avenue Jeffersonville, IN 47130
Clarksville, IN 47129
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THE CLIENT