Spring Awakening Music Festival - Master Performance & Rights Agreement



Spring Awakening Music Festival Master Performance, Rights & Licensing Agreement EFFECTIVE DATE OF AGREEMENT: ARTIST / ACT STAGE NAME: LEGAL NAME / ENTITY: PERFORMANCE DATE(S): SET TIME(S) & DURATION: COMPENSATION (FLAT FEE): MERCHANDISE SPLIT (FEST/ARTIST): This Master Performance, Rights & Licensing Agreement (the "Agreement") is made and entered into as of the Effective Date set forth above, by and between Spring Awakening Music Festival, its owners, parent companies, subsidiaries, affiliates, successors, and assigns (collectively referred to herein as "Purchaser" or "Festival"), and the individual(s) or entity designated above as the Legal Name/Entity, furnishing the services of the musical act designated above as the Artist/Act Stage Name (collectively referred to herein as "Artist"). WHEREAS, Purchaser is producing and promoting a live entertainment event known as Spring Awakening Music Festival (the "Event"); and WHEREAS, Artist desires to perform at the Event, and Purchaser desires to engage Artist to perform, subject to the comprehensive terms, conditions, and broad grants of rights set forth herein. NOW, THEREFORE, in consideration of the mutual covenants, promises, and the Compensation contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree directly and irrevocably to the following: ENGAGEMENT & PERFORMANCE DUTIES: Purchaser hereby engages Artist, and Artist accepts the engagement, to present a live musical performance of the highest professional caliber at the Event. Artist represents and warrants they will: Arrive at the venue no later than two (2) hours prior to the scheduled set time, or the designated load-in/sound check time, completely sober, prepared, and ready to perform. Complete sound check at the scheduled time coordinated with the Production Manager. Strictly adhere to the set duration provided by Purchaser, performing the full contracted set time unless prevented by force majeure or safety evacuations. Not use pre-recorded vocal tracks (lip-syncing) without prior written consent from Purchaser. Artist’s performance must be substantially similar to the style and quality for which they were booked. Failure to Perform: If Artist fails to perform at least 75% of the contracted set duration due to Artist's own actions, negligence, or breach (excluding technical failures beyond Artist's control, safety evacuations, or verifiable Force Majeure events), this shall constitute a material breach. Purchaser reserves the absolute visual and audio right to mute the soundstage and/or cut power if Artist exceeds their allotted set time. In the event of a breach, Purchaser may, at its sole discretion, withhold remaining unpaid compensation, demand a pro-rated refund of advance payments, seek damages for breach of contract, and pursue reimbursement of promotional costs and ticket refunds. COMPENSATION, TAXES & PAYMENT: Subject to Artist’s full and strict compliance with this Agreement, Purchaser shall pay Artist the Compensation specified above. This fee is a flat, all-inclusive buyout. Unless expressly authorized via a fully executed, separate addendum, Artist is solely and exclusively responsible for all travel, ground transportation, lodging, per diems, meals, crew costs, visas, and backline gear. Payment shall be strictly issued via company check, ACH, or cash no later than the conclusion of the Event or within 48 hours following the Artist's complete performance. No payments shall be processed without a validly executed IRS Form W-9 (or W-8BEN for international artists) provided by Artist prior to the Event. Artist is solely responsible for the reporting and payment of any and all local, state, and federal taxes, including independent contractor self-employment taxes and withholding obligations. UNRESTRICTED MEDIA, PROMOTION, NAME, IMAGE, & LIKENESS (NIL) RIGHTS: Artist hereby grants to Purchaser, its sponsors, designees, and affiliates an irrevocable, perpetual, worldwide, universe-wide, royalty-free, and unrestricted right and non-exclusive license to use Artist's name (both legal and stage names), logos, trademarks, biographical data, likeness, voice, photographs, and any submitted press materials across any and all media now known or hereafter devised (including but not limited to print, digital, social media, metaverse, virtual reality, augmented reality, radio, television, broadcast, and out-of-home) for the purpose of marketing, promoting, advertising, and publicizing the Event, future iterations of the Event, and Purchaser’s overarching brand. Purchaser reserves the right to edit, crop, and alter marketing materials at its sole discretion. Artist acknowledges that the Compensation constitutes full compensation for all rights granted herein. No additional payment shall be due for promotional use, archival use, or distribution of promotional materials. COMPREHENSIVE RECORDING, SYNC, BROADCAST, POST-PRODUCTION & MASTERS RIGHTS: In addition to the promotional rights above, Artist hereby irrevocably consents to Purchaser, or Purchaser’s designated agents, filming, photographing, videotaping, and/or making audio recordings of the Artist’s entire performance, sound check, backstage activities, and interviews at the Event. Artist grants Purchaser the perpetual, worldwide, royalty-free, and exclusive right to: Live stream, broadcast, or webcast the performance in its entirety or partially via platforms such as Twitch, YouTube, social media, mobile apps, television, or proprietary festival streaming portals. Utilize video footage and audio recordings in any and all post-event materials, including aftermovies, recap videos, cinematic trailers, documentary films, VOD (Video on Demand), archival content, compilation releases, and sponsor deliverables. Edit, remix, overdub, or modify recordings as Purchaser sees fit, and monetize recordings through sales, licensing, streaming, or other commercial exploitation, including sublicensing to third parties. Synchronization (Sync) & Master Rights: To the extent Artist controls the underlying musical compositions and/or master recordings performed at the Event, Artist hereby grants Purchaser a worldwide, perpetual, royalty-free synchronization and master use license to use said compositions and recordings in connection with any audio-visual works, compilations, or distributions related to the Event. Artist explicitly waives any requirement for Purchaser to obtain separate synchronization licenses or master use licenses for the use of the live audio captured during the performance. Purchaser may sync the captured audio to visual media related to the Festival in perpetuity without any additional compensation, royalties, mechanical fees, or clearances required from Artist, Artist's label, publisher, or Performance Rights Organizations (PROs). If Artist does not control all rights, Artist represents they have obtained all necessary permissions to perform the works publicly and shall indemnify Purchaser against any related claims. Purchaser inherently owns the sole and exclusive intellectual property and copyright (100%) in all audio and visual recordings, stage designs, lighting designs, and creative direction produced at the Event. Artist and Artist’s representatives shall not record, photograph, or video the Event without prior written consent from Purchaser. Unauthorized recordings may be confiscated and constitute a material breach. RADIUS, EXCLUSIVITY & PROMOTIONAL OBLIGATIONS: To protect the commercial viability of the Event, Artist agrees to strict performance exclusivity. Artist shall not perform at any other public event, concert, festival, or ticketed performance within: One hundred and fifty (150) miles of the Event venue for thirty (30) days prior to, and fourteen (14) days following, the Event. Three hundred (300) miles of the Event venue for fourteen (14) days prior to, and seven (7) days following, the Event. Exceptions exist only for private, non-ticketed events (e.g., weddings), brief promotional radio performances under 15 minutes, or previously contracted performances disclosed in writing prior to execution of this Agreement. Furthermore, Artist shall not digitally stream any live performance targeted specifically to this geographical market within this window. Artist is strictly prohibited from announcing their participation in any other regional events until the completion of the Festival absent Purchaser’s prior written approval. Promotional Obligations: Artist agrees to announce participation in the Festival via Artist's social media channels upon request, share Festival promotional content at least twice prior to the Event, and not promote competing events within the radius zone during the restricted period. FORCE MAJEURE, DELAY & CANCELLATION: Purchaser’s obligation to fulfill this Agreement is subject to any events out of Purchaser’s reasonable control, broadly defined as "Force Majeure." This includes, but is not limited to: Acts of God (earthquakes, floods, wildfires), extreme weather, epidemics, pandemics, public health emergencies, government mandates or capacity restrictions, acts of terrorism, civil unrest, strikes, failure or damage of venue facilities, or the death/illness of a principal Festival organizer. In the event of Force Majeure, Purchaser may cancel, postpone, or reschedule the Event without liability or further compensation due to the Artist. Promoter Cancellation: If Purchaser cancels for reasons other than Force Majeure or Artist breach, Artist shall retain any advance payments already received, but Purchaser shall have no further payment obligations, and neither Party shall have liability for consequential damages. Artist Cancellation: If Artist cancels for any reason other than a verified, documented medical emergency or their own Force Majeure event, Artist shall immediately refund any deposits paid, shall not be entitled to any further payment, and shall be held legally liable for all non-recoverable out-of-pocket costs, production deposits, advertising costs, and reasonably foreseeable lost profits suffered by Purchaser as a direct result of the breach. Weather Delays: If severe weather causes a delay or cancellation, and Artist has completed sound check and is ready to perform, Artist is entitled to full payment even if the performance does not occur due to weather. If postponed to a mutually agreeable date, this Agreement applies to the rescheduled performance. MORALS, CONDUCT, CONFIDENTIALITY & ZERO TOLERANCE POLICY: Artist and all members of Artist's touring party and guest list agree to strictly comply with all local, state, and federal laws, as well as the Venue's and Festival's internal rules, policies, and security protocols. Purchaser enforces a strict Zero Tolerance Policy regarding the possession, use, or distribution of illegal narcotics, weapons, physical violence, sexual harassment, or hate speech. Artist shall not perform while impaired by alcohol or controlled substances. Artist agrees not to incite violence or crowd disturbances and to follow all instructions from security. Furthermore, Artist agrees to behave professionally and not to make any disparaging, defamatory, or negative public remarks (including on social media) regarding the Festival, its staff, attendees, vendors, other artists, or sponsors prior to, during, or after the Event. Violation of this Morals Clause by Artist or their entourage gives Purchaser the unilateral right to cancel the performance without payment obligation, and immediately physically remove offenders from the premises without liability. Confidentiality: The financial terms of this Agreement (Compensation, payment schedule, and expense arrangements) shall be treated as strictly confidential by both Parties and may only be disclosed as required by law or to professional advisors. Unauthorized disclosure may result in damages and injunctive relief. INDEPENDENT CONTRACTOR & ASSIGNMENT: The relationship between the parties is exclusively that of an independent contractor and client. Nothing in this Agreement shall be construed to create an employer-employee relationship, partnership, or joint venture. Artist has exclusive control over the methods and means of their performance, provided they do not infringe upon the structural limits, safety directives, or volume (decibel) limits dictated by the Purchaser, local sound ordinances, or the venue's front-of-house engineer. Artist may not assign, transfer, or delegate any rights or obligations under this Agreement without Purchaser's prior written consent. Purchaser may assign this Agreement to any affiliate, successor entity, or third-party promoter provided the assignee assumes all obligations herein. INSURANCE, INTELLECTUAL PROPERTY INDEMNIFICATION & HOLD HARMLESS: Purchaser represents it maintains general liability insurance. Artist is responsible for insuring all equipment, instruments, and personal property brought to the Event; Purchaser is not liable for theft, damage, or loss of Artist's property. Artist assumes all risk of personal injury arising from their participation. Artist shall defend, indemnify, and hold completely harmless the Purchaser, the Venue, promotional partners, sponsors, ticketing agencies, and their respective officers, directors, employees, and contractors against any and all claims, demands, causes of action, damages, liabilities, judgments, and legal fees (including attorney's fees) arising out of or directly related to: Any breach of this Agreement, warranties, or representations by Artist. Any bodily injury, death, or property damage caused by the negligent or intentional acts or omissions of the Artist or Artist’s personnel/guests. Any claim that the Artist's performance, audio output, or submitted promotional materials infringe upon the copyright, trademark, patent, or intellectual property rights of any third party. Claims by third parties arising from Artist's actions or performance. MERCHANDISE & ANCILLARY RIGHTS: Artist may only sell Artist's physical merchandise at the Event if pre-approved in writing by Purchaser and subject to the availability of designated sales space. If approved, Purchaser or the Venue shall retain the percentage of gross merchandise sales specified in the Quick Fill section above (or 20% if left blank), to be settled immediately following the performance. All merchandise designs must comply with Festival policies and may not include offensive content. Artist acknowledges that Purchaser may produce and sell official Event merchandise featuring Artist's name or likeness, as well as audio/video recordings and livestreams featuring Artist's performance, and all revenue from such sales belongs exclusively to Purchaser without additional compensation to Artist. HOSPITALITY, BACKLINE, CREDENTIALS & GUEST LIST: Any hospitality riders, technical riders, or backline requests must be submitted to Purchaser no less than forty-five (45) days prior to the Event. Purchaser’s provision of rider items is entirely subject to Purchaser’s budgetary discretion and logistical/venue limitations; only items expressly confirmed in writing by Purchaser’s production manager will be provided. Unless specified, Purchaser will provide basic hospitality (water, light snacks) and access to a shared or private dressing area. Credentials: Artist shall receive a mutually agreed upon number of complimentary artist/guest passes via advance (typically up to 4 essential personnel passes). Artist is responsible for the conduct of all guests. Misconduct by guests may result in credential revocation and shall be considered a breach of this Agreement by Artist. DISPUTE RESOLUTION, SEVERABILITY, MODIFICATION & GOVERNING LAW: This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, whether written or oral. If any provision is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. No modification shall be effective unless in writing and signed by both Parties. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Oregon, without regard to its conflict of law principles. Any dispute arising under this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Washington County, Oregon. Prior to initiating litigation, the Parties agree to attempt resolution through mediation with a mutually agreed upon mediator, costs shared equally. In any legal action arising from this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and court costs. Sections 3, 4, 7, 9, 11, and 12 shall survive the termination or expiration of this Agreement. This Agreement may be executed in counterparts and via electronic or PDF signatures. PURCHASER / FESTIVAL: Spring Awakening Music Festival (Authorized Representative) Signature Printed Name & Title Date ARTIST / AUTHORIZED ENTITY: (Binding Authorization) Signature Printed Name & Title Date

This Master Performance, Rights & Licensing Agreement (the "Agreement") is made and entered into as of the Effective Date set forth above, by and between Spring Awakening Music Festival, its owners, parent companies, subsidiaries, affiliates, successors, and assigns (collectively referred to herein as "Purchaser" or "Festival"), and the individual(s) or entity designated above as the Legal Name/Entity, furnishing the services of the musical act designated above as the Artist/Act Stage Name (collectively referred to herein as "Artist").

WHEREAS, Purchaser is producing and promoting a live entertainment event known as Spring Awakening Music Festival (the "Event"); and WHEREAS, Artist desires to perform at the Event, and Purchaser desires to engage Artist to perform, subject to the comprehensive terms, conditions, and broad grants of rights set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants, promises, and the Compensation contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree directly and irrevocably to the following:

ENGAGEMENT & PERFORMANCE DUTIES: Purchaser hereby engages Artist, and Artist accepts the engagement, to present a live musical performance of the highest professional caliber at the Event. Artist represents and warrants they will:
- Arrive at the venue no later than two (2) hours prior to the scheduled set time, or the designated load-in/sound check time, completely sober, prepared, and ready to perform.
- Complete sound check at the scheduled time coordinated with the Production Manager.
- Strictly adhere to the set duration provided by Purchaser, performing the full contracted set time unless prevented by force majeure or safety evacuations.
- Not use pre-recorded vocal tracks (lip-syncing) without prior written consent from Purchaser. Artist’s performance must be substantially similar to the style and quality for which they were booked.
Failure to Perform: If Artist fails to perform at least 75% of the contracted set duration due to Artist's own actions, negligence, or breach (excluding technical failures beyond Artist's control, safety evacuations, or verifiable Force Majeure events), this shall constitute a material breach. Purchaser reserves the absolute visual and audio right to mute the soundstage and/or cut power if Artist exceeds their allotted set time. In the event of a breach, Purchaser may, at its sole discretion, withhold remaining unpaid compensation, demand a pro-rated refund of advance payments, seek damages for breach of contract, and pursue reimbursement of promotional costs and ticket refunds.
COMPENSATION, TAXES & PAYMENT: Subject to Artist’s full and strict compliance with this Agreement, Purchaser shall pay Artist the Compensation specified above. This fee is a flat, all-inclusive buyout. Unless expressly authorized via a fully executed, separate addendum, Artist is solely and exclusively responsible for all travel, ground transportation, lodging, per diems, meals, crew costs, visas, and backline gear. Payment shall be strictly issued via company check, ACH, or cash no later than the conclusion of the Event or within 48 hours following the Artist's complete performance. No payments shall be processed without a validly executed IRS Form W-9 (or W-8BEN for international artists) provided by Artist prior to the Event. Artist is solely responsible for the reporting and payment of any and all local, state, and federal taxes, including independent contractor self-employment taxes and withholding obligations.
UNRESTRICTED MEDIA, PROMOTION, NAME, IMAGE, & LIKENESS (NIL) RIGHTS: Artist hereby grants to Purchaser, its sponsors, designees, and affiliates an irrevocable, perpetual, worldwide, universe-wide, royalty-free, and unrestricted right and non-exclusive license to use Artist's name (both legal and stage names), logos, trademarks, biographical data, likeness, voice, photographs, and any submitted press materials across any and all media now known or hereafter devised (including but not limited to print, digital, social media, metaverse, virtual reality, augmented reality, radio, television, broadcast, and out-of-home) for the purpose of marketing, promoting, advertising, and publicizing the Event, future iterations of the Event, and Purchaser’s overarching brand. Purchaser reserves the right to edit, crop, and alter marketing materials at its sole discretion.
Artist acknowledges that the Compensation constitutes full compensation for all rights granted herein. No additional payment shall be due for promotional use, archival use, or distribution of promotional materials.
COMPREHENSIVE RECORDING, SYNC, BROADCAST, POST-PRODUCTION & MASTERS RIGHTS: In addition to the promotional rights above, Artist hereby irrevocably consents to Purchaser, or Purchaser’s designated agents, filming, photographing, videotaping, and/or making audio recordings of the Artist’s entire performance, sound check, backstage activities, and interviews at the Event.

Artist grants Purchaser the perpetual, worldwide, royalty-free, and exclusive right to:
- Live stream, broadcast, or webcast the performance in its entirety or partially via platforms such as Twitch, YouTube, social media, mobile apps, television, or proprietary festival streaming portals.
- Utilize video footage and audio recordings in any and all post-event materials, including aftermovies, recap videos, cinematic trailers, documentary films, VOD (Video on Demand), archival content, compilation releases, and sponsor deliverables.
- Edit, remix, overdub, or modify recordings as Purchaser sees fit, and monetize recordings through sales, licensing, streaming, or other commercial exploitation, including sublicensing to third parties.
- Synchronization (Sync) & Master Rights: To the extent Artist controls the underlying musical compositions and/or master recordings performed at the Event, Artist hereby grants Purchaser a worldwide, perpetual, royalty-free synchronization and master use license to use said compositions and recordings in connection with any audio-visual works, compilations, or distributions related to the Event. Artist explicitly waives any requirement for Purchaser to obtain separate synchronization licenses or master use licenses for the use of the live audio captured during the performance. Purchaser may sync the captured audio to visual media related to the Festival in perpetuity without any additional compensation, royalties, mechanical fees, or clearances required from Artist, Artist's label, publisher, or Performance Rights Organizations (PROs). If Artist does not control all rights, Artist represents they have obtained all necessary permissions to perform the works publicly and shall indemnify Purchaser against any related claims.
Purchaser inherently owns the sole and exclusive intellectual property and copyright (100%) in all audio and visual recordings, stage designs, lighting designs, and creative direction produced at the Event. Artist and Artist’s representatives shall not record, photograph, or video the Event without prior written consent from Purchaser. Unauthorized recordings may be confiscated and constitute a material breach.
RADIUS, EXCLUSIVITY & PROMOTIONAL OBLIGATIONS: To protect the commercial viability of the Event, Artist agrees to strict performance exclusivity. Artist shall not perform at any other public event, concert, festival, or ticketed performance within:
- One hundred and fifty (150) miles of the Event venue for thirty (30) days prior to, and fourteen (14) days following, the Event.
- Three hundred (300) miles of the Event venue for fourteen (14) days prior to, and seven (7) days following, the Event.
Exceptions exist only for private, non-ticketed events (e.g., weddings), brief promotional radio performances under 15 minutes, or previously contracted performances disclosed in writing prior to execution of this Agreement. Furthermore, Artist shall not digitally stream any live performance targeted specifically to this geographical market within this window. Artist is strictly prohibited from announcing their participation in any other regional events until the completion of the Festival absent Purchaser’s prior written approval.

Promotional Obligations: Artist agrees to announce participation in the Festival via Artist's social media channels upon request, share Festival promotional content at least twice prior to the Event, and not promote competing events within the radius zone during the restricted period.
FORCE MAJEURE, DELAY & CANCELLATION: Purchaser’s obligation to fulfill this Agreement is subject to any events out of Purchaser’s reasonable control, broadly defined as "Force Majeure." This includes, but is not limited to: Acts of God (earthquakes, floods, wildfires), extreme weather, epidemics, pandemics, public health emergencies, government mandates or capacity restrictions, acts of terrorism, civil unrest, strikes, failure or damage of venue facilities, or the death/illness of a principal Festival organizer. In the event of Force Majeure, Purchaser may cancel, postpone, or reschedule the Event without liability or further compensation due to the Artist.
Promoter Cancellation: If Purchaser cancels for reasons other than Force Majeure or Artist breach, Artist shall retain any advance payments already received, but Purchaser shall have no further payment obligations, and neither Party shall have liability for consequential damages.

Artist Cancellation: If Artist cancels for any reason other than a verified, documented medical emergency or their own Force Majeure event, Artist shall immediately refund any deposits paid, shall not be entitled to any further payment, and shall be held legally liable for all non-recoverable out-of-pocket costs, production deposits, advertising costs, and reasonably foreseeable lost profits suffered by Purchaser as a direct result of the breach.

Weather Delays: If severe weather causes a delay or cancellation, and Artist has completed sound check and is ready to perform, Artist is entitled to full payment even if the performance does not occur due to weather. If postponed to a mutually agreeable date, this Agreement applies to the rescheduled performance.
MORALS, CONDUCT, CONFIDENTIALITY & ZERO TOLERANCE POLICY: Artist and all members of Artist's touring party and guest list agree to strictly comply with all local, state, and federal laws, as well as the Venue's and Festival's internal rules, policies, and security protocols. Purchaser enforces a strict Zero Tolerance Policy regarding the possession, use, or distribution of illegal narcotics, weapons, physical violence, sexual harassment, or hate speech. Artist shall not perform while impaired by alcohol or controlled substances. Artist agrees not to incite violence or crowd disturbances and to follow all instructions from security.
Furthermore, Artist agrees to behave professionally and not to make any disparaging, defamatory, or negative public remarks (including on social media) regarding the Festival, its staff, attendees, vendors, other artists, or sponsors prior to, during, or after the Event. Violation of this Morals Clause by Artist or their entourage gives Purchaser the unilateral right to cancel the performance without payment obligation, and immediately physically remove offenders from the premises without liability.

Confidentiality: The financial terms of this Agreement (Compensation, payment schedule, and expense arrangements) shall be treated as strictly confidential by both Parties and may only be disclosed as required by law or to professional advisors. Unauthorized disclosure may result in damages and injunctive relief.
INDEPENDENT CONTRACTOR & ASSIGNMENT: The relationship between the parties is exclusively that of an independent contractor and client. Nothing in this Agreement shall be construed to create an employer-employee relationship, partnership, or joint venture. Artist has exclusive control over the methods and means of their performance, provided they do not infringe upon the structural limits, safety directives, or volume (decibel) limits dictated by the Purchaser, local sound ordinances, or the venue's front-of-house engineer. Artist may not assign, transfer, or delegate any rights or obligations under this Agreement without Purchaser's prior written consent. Purchaser may assign this Agreement to any affiliate, successor entity, or third-party promoter provided the assignee assumes all obligations herein.
INSURANCE, INTELLECTUAL PROPERTY INDEMNIFICATION & HOLD HARMLESS: Purchaser represents it maintains general liability insurance. Artist is responsible for insuring all equipment, instruments, and personal property brought to the Event; Purchaser is not liable for theft, damage, or loss of Artist's property. Artist assumes all risk of personal injury arising from their participation.
Artist shall defend, indemnify, and hold completely harmless the Purchaser, the Venue, promotional partners, sponsors, ticketing agencies, and their respective officers, directors, employees, and contractors against any and all claims, demands, causes of action, damages, liabilities, judgments, and legal fees (including attorney's fees) arising out of or directly related to:
- Any breach of this Agreement, warranties, or representations by Artist.
- Any bodily injury, death, or property damage caused by the negligent or intentional acts or omissions of the Artist or Artist’s personnel/guests.
- Any claim that the Artist's performance, audio output, or submitted promotional materials infringe upon the copyright, trademark, patent, or intellectual property rights of any third party.
- Claims by third parties arising from Artist's actions or performance.
MERCHANDISE & ANCILLARY RIGHTS: Artist may only sell Artist's physical merchandise at the Event if pre-approved in writing by Purchaser and subject to the availability of designated sales space. If approved, Purchaser or the Venue shall retain the percentage of gross merchandise sales specified in the Quick Fill section above (or 20% if left blank), to be settled immediately following the performance. All merchandise designs must comply with Festival policies and may not include offensive content. Artist acknowledges that Purchaser may produce and sell official Event merchandise featuring Artist's name or likeness, as well as audio/video recordings and livestreams featuring Artist's performance, and all revenue from such sales belongs exclusively to Purchaser without additional compensation to Artist.
HOSPITALITY, BACKLINE, CREDENTIALS & GUEST LIST: Any hospitality riders, technical riders, or backline requests must be submitted to Purchaser no less than forty-five (45) days prior to the Event. Purchaser’s provision of rider items is entirely subject to Purchaser’s budgetary discretion and logistical/venue limitations; only items expressly confirmed in writing by Purchaser’s production manager will be provided. Unless specified, Purchaser will provide basic hospitality (water, light snacks) and access to a shared or private dressing area.
Credentials: Artist shall receive a mutually agreed upon number of complimentary artist/guest passes via advance (typically up to 4 essential personnel passes). Artist is responsible for the conduct of all guests. Misconduct by guests may result in credential revocation and shall be considered a breach of this Agreement by Artist.
DISPUTE RESOLUTION, SEVERABILITY, MODIFICATION & GOVERNING LAW: This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, whether written or oral. If any provision is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. No modification shall be effective unless in writing and signed by both Parties.
This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Oregon, without regard to its conflict of law principles. Any dispute arising under this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Washington County, Oregon. Prior to initiating litigation, the Parties agree to attempt resolution through mediation with a mutually agreed upon mediator, costs shared equally. In any legal action arising from this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and court costs.

Sections 3, 4, 7, 9, 11, and 12 shall survive the termination or expiration of this Agreement. This Agreement may be executed in counterparts and via electronic or PDF signatures.