c

 




This Agreement is entered into this ____day of _____________, 20__, between

_____________________ (PROMOTER) and _______________________ d/b/a
_______________ (OWNER).

 , PROMOTER is experienced in the production, promotion, advertisement

and presentation of events for nightclubs in _________, Florida; and

 , OWNER is the owner of _________ nightclubs (VENUE); and

 , OWNER desires to use PROMOTER¶s services at the VENUE under the
conditions recited herein; and

 , PROMOTER desires to provide his services to OWNER, under the

conditions recited herein.

  
 in consideration of the mutual covenants herein and other good
and valuable consideration, the receipt of which is acknowledged, it is agreed as follows:

1.? º 

 This agreement shall commence on __________ _____, 20____ and
continue until terminated pursuant to the provisions of ths Agreement, contained herein.

2.?   PROMOTER shall have the exclusive right to produce, present and
promote all events at VENUE on the following nights (EVENT NIGHT):

a.?

For purposes of this Agreement, ³night´ refers to the day of the week VENUE opens for
business.

3.?  

 Notwithstanding the provisions of Paragraph 2, PROMOTER shall not
have any rights to a designated EVENT NIGHT if it coincides with any of the following
holiday¶s and dates without the express written authorization of OWNER.

a.?

4.? c

  º  The PROMOTER shall be responsible for all duties and
responsibilities required to produce, promote, advertise and present the designated
EVENT NIGHTs, that are not the duty of OWNER.

5.?

  º  OWNER shall be required to provide to PROMOTER on
EVENT NIGHTs:
 a.? Use of VENUE equipped as of the date of execution of this Agreement.
b.? Security inside VENUE.
c.? Fully stocked bar and associated food component.
d.? Bar Staff, Janitorial Staff, and Wait Staff.

6.? 
c



c

  PROMOTER shall be paid ____% of the NET
SALES of the VENUE on the EVENT NIGHT. NET SALES shall be computed by gross
sales (excluding door charges) less the following expenses:

a.? Promotion staff and hosts.

b.? Marketing materials.
c.? Marketing Materials, Flyers, handbills, etc. and their cost of distribution.
d.? Tips
e.? Taxes
f.? 15% of ordinary charge for liquor provided by PROMOTER as
complimentary.
g.? Entertainment costs
h.? Fines imposed by any government entity arising out of PROMOTER¶s
performance or responsibility.

7.? c

 
 PROMOTER shall produce Net Sales, as defined in
Paragraph 6, as specified in Attachment A, attached hereto.

8.?  


This Agreement shall continue in full force and effect unless one of
the following events occurs:
a.? VENUE is closed or sold.
b.? PROMOTER fails to meet its PERFORMANCE QUOTAS more than
_____ times in any _____day period. In which event, OWNER may
terminate this agreement upon ten (10) days written notice.
c.? Either party may unilaterally terminate this agreement upon thirty (30) days
written notice.

9.? 

c PROMOTER is an independent contractor of OWNER.

10.?



c During the term of this Agreement and for a period of one year after
termination, PROMOTER shall not directly or indirectly provide services similar to those
provided under this agreement at any nightclub in __________, Florida.
 11.?

 All notices required under this Agreement shall be by United States Postal
Service, Certified Mail, Return Receipt Requested as follows:

V

 

V

 

12.? 
º 
 This Agreement shall be governed and construed in accordance
with the laws of the State of Florida. Venue for any litigation shall be in a court of
appropriate jurisdiction in ________ County, Florida.

13.?

  In connection with any claim, legal action, dispute or arbitration
arising out of this Agreement, the prevailing party shall be entitled to all costs incurred,
including reasonable attorney¶s fees, appellate attorney¶s fees and all costs of
investigation.

14.?  The waiver by any party hereto of a breach or violation of provisions of this
Agreement shall not operate nor be construed as a waiver of any subsequent breach or
violation.

15.?  If any provision of this Agreement is held to be invalid, illegal or

unenforceable, such provision shall be fully severable, and this Agreement shall be
construed as if any such provision had never been a part of this Agreement and the
remaining provisions shall be given full force and effect.

16.?c  c º
 The paragraph headings contained in this Agreement are
for reference purposes only and shall not affect in any way the meaning or interpretation
of this Agreement.

17.?
   
 All prior negotiations of the parties relating to the subject
matter hereof have merged in and are superseded by this instrument which contains the
entire agreement of the parties.

18.?
º
 All amendments of this agreement not in writing, signed by both
parties shall be void and of no effect in law or equity.



 
 the parties have set their hands and seals on the date above
written.