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BAND PERFORMANCE CONTRACT

This CONTRACT is made and entered at the City of Taguig, this day
of 19 March, 2018, by and between:
th

Maja Roth, Mark Bautista, John Lemon, Luke Dat (Individually


and collectively known as “The Misfits”) of legal age, Filipino, and
a resident of 1003 Di Mahanap St., Makita, Quezon City, hereinafter
referred to as the BAND.
-and-
Manu Money of legal age, Filipino, and owner of Casa De Corazon
of 28th Street cor. 5th Avenue, Bonifacio Global City, Taguig,
hereinafter referred to as the RESTAURANT.

WITNESSETH; That
The BAND is a professional entertainer known as “ The Misfits”.
The RESTAURANT wishes to engage the BAND and willing to
undertake to do so, to perform at 28th Street cor. 5th Avenue,
Bonifacio Global City, Taguig, to entertain its guests.
In consideration of the foregoing premises, the RESTAURANT hiring
the BAND, the receipt and sufficiency of which consideration is
acknowledged here, the parties hereby agree as follows:

TERMS AND CONDITIONS

1.NOTICE AND REPRESENTATIVE


All notices, requests, demands or other communications required or
permitted by the terms of this Contract will be given in writing and
delivered to the BAND to be represented by the Group Leader who
is the Vocalist.
Any notices or delivery required here will be deemed completed when
hand-delivered, delivered by agent, or seven days after being placed
in the post, postage prepaid, to the parties at the respective
addresses contained in this agreement or as the parties may later
designate in writing. Any person by check or money order should be
made out to the Group leader. The BAND’s business address is as
follows:
GROUP LEADER: MAJA ROTH
ADDRESS: 1003 Di Mahanap St., Makita, Quezon City
TELEPHONE: (091) 712-3456
EMAIL: themisfits@performer.com

2. VENUE, DATE, AND TIME OF PERFORMANCE


The parties agree that the time and date of the performance will be
held every Monday, Friday, and Saturday, starting May 4, 2018, from
7pm-10pm with a 30-minute break at 28th Street cor. 5th Avenue,
Bonifacio Global City, Taguig.
The entertainment to be provided by the BAND is generally described
as “Acoustic and Jazz.”

3. TERM
The term of this contract is for ONE (1) YEAR from May 4, 2018 to
May 4, 2019 inclusive. Upon its expiration, the contract may be
renewed under such terms and conditions as may be mutually agreed
upon by both parties, written notice of intention to renew the contract
shall be served to the BAND not later than seven (7) days prior to the
expiry date of the period herein agreed upon.

4. PAYMENT
In full consideration for all services rendered by the BAND, the
RESTAURANT agrees to pay the BAND a fixed fee of Php
120,000.00 per night.
6. DEPOSIT
The RESTAURANT will apply to the Performer Php 72,000.00 or
60% of the full price as a deposit by April 4, 2018. If the
RESTAURANT fails to provide the deposit promptly by April 4, 2018,
the BAND may cancel this agreement without further obligation.

7. OVERTIME RATE
If and when agreeable to the RESTAURANT and the BAND, the time
of the performance may be extended at the hourly overtime rate of
Php 30,000, to be paid prior to the overtime period.

8. PERFORMER EXPENSES
The RESTAURANT will furnish at its sole cost and expenses
transportation, food and accommodation of the BAND.

9. PAYMENT OF BALANCE
After the performance or service has fully been rendered, the
RESTAURANT will pay the BAND the outstanding balance of Php
48,000 or 40% of the full price.

10. SOUNDS AND LIGHTING SYSTEM


The BAND will use the sound and light system provided by the
RESTAURANT. The RESTAURANT will provide and compensate
personnel to operate as light technician and sound engineer. The
BAND will designate a representative who will have sole authority in
mixing and controlling all sound equipment during the performance
and during each rehearsal. Notwithstanding the above, the
adjustment of the volume and sound level of any equipment will be at
sole discretion of the RESTAURANT. The RESTAURANT will be
responsible for providing suitable power and electricity for the
performance.
11. MUSIC SELECTION
Upon request of any guests, the BAND will play up to 20 new songs
for the performance. The Band will provide all suitable material to the
RESTAURANT to ensure the new songs will be performed
competently.
The BAND will provide a song list to the RESTAURANT and any
song to be performed at the performance will be selected from the
band’s existing song list.

12. SECURITY DEPOSIT


The BAND will not be required to post a security deposit for any or all
possible damage related to or arising from the performance.

13. KEY PERSONNEL


The BAND agrees that any changes in key personnel prior to the
date of the performance are at the sole discretion of the BAND. Any
key personnel changes will be made in good faith and will reflect the
spirit and intent of this agreement.
14. ADVERTISING AND PROMOTIONS
The RESTAURANT agrees to use its best effort to promote the
BAND through appropriate media. The BAND agrees that the
RESTAURANT may use the BAND’s name, logo, photograph, and
the like to promote the performance. The BAND will provide the
RESTAURANT with copies of the BAND’s promotional material
suitable for this purpose. The RESTAURANT’s right to use the
BAND’s name is limited to the period which shall start from the date
of execution of this contract and shall end upon its termination or
upon cancellation of this contract.
This BAND specifically warrants and represents that all copyrighted
material to be performed has been licensed or authorized by the
copyright owners or their representatives. The BAND shall indemnify
the RESTAURANT for any copyright infringement and any expenses
that may result from such copyright infringement during the
performance.
15. MERCHANDISING
The BAND may offer CD’s tapes and other such items for sale at the
performance. The RESTAURANT will provide a suitable area with
reasonable visibility and accessibility to facilitate merchandising.

16. EXCLUSIVITY
The BAND will perform exclusively for the RESTAURANT throughout
the actual period of service written upon this agreement unless
otherwise provided. The BAND, upon signing this agreement, will not
be under any contract to a third-party that might preclude the BAND
from fulfilling the requirement of this contract.

17. INDEMNIFICATION
The BAND is responsible only for its own conduct. The BAND will be
compensated by the RESTAURANT if there would be damage
caused to the BAND’s equipment by the RESTAURANT, its agent or
guests.
The RESTAURANT warrants and represents that it has, or will
obtain, sufficient personal injury and property damage liability
insurance with respect to the activities of the RESTAURANT its
employees, agents or guest in relation to the performance.

18. FORCE MAJEURE


Neither the BAND nor the RESTAURANT will be held liable for any
failure to perform its obligation under this agreement where such
breach is due to any of the following: act or regulation of public
authorities, labor difficulties or strike, inclement weather, epidemic,
interruption or delay of transportation service, acts of God, or any
other legitimate cause beyond the reasonable control of the BAND
and the RESTAURANT.
19. SICKNESS AND ACCIDENT
The BAND agrees to meet its obligation under this agreement subject
of legitimate incapacity by sickness or accident. Upon failure to meet
its obligations under this section, the BAND shall return the deposit to
the RESTAURANT.

20. PERMITS
The RESTAURANT warrants and represents that it has obtained all
permits, approval, licenses and variance necessary for the
performance.

21. SECURITY
The RESTAURANT will take reasonable precautions for the safety of
the BAND and all the equipments during all aspects of the
performance while the BAND and all the equipments are on the
Venue premises. The RESTAURANT is also responsible to ensure
that only the BAND, designated technician, and representatives are
allowed on stage or in the backstage area.

22. PICKET LINES


The BAND will not be required to cross a picket line established by a
labor organization at the Venue nor will the BAND be disciplined, or
this agreement be considered or deemed breached by the BAND, by
reason of the BAND’s refusal to cross such picket line.

23. NON-PERFORMANCE BY THE RESTAURANT


Any failure to perform or default in the performance of any covenant,
condition or agreement contained in this Contract, shall render the
contract ineffective. Prior to that, the parties must notify each other
within five (5) days if either of the parties would be incapable of such
performance. There would be a cure period which shall be extended
for a period of ten (10) days so long as either of the parties have
diligently begun to cure such default and diligently pursue such cure
at all times during such period. In the event that the RESTAURANT
should cancel or postpone any performance without prior notice as
required by this agreement, then the RESTAURANT will be in breach
of this agreement and the BAND will have no further obligations
under this Agreement. The RESTAURANT shall pay or indemnify the
BAND for the inconvenience it may caused and all other expenses
already incurred by the BAND prior to the performance.

24. MEDIATION AND ARBITRATION


If a dispute will arise under the terms of this agreement, the party
claiming the dispute will have ten (10) days to notify the other party.
The party not claiming the dispute will have fifteen (15) days to
remedy the dispute. In the event that the dispute is not remedied
within this period, then any party at its option will have ten (10) days
to submit the dispute to mediation in accordance with any statutory
rules of mediation. If mediation is not successful in resolving the
entire dispute, any outstanding issued will be submitted to final and
binding arbitration in accordance with the statutory rules of that
program. If such services are not available, the dispute will be
submitted to arbitration in accordance with the laws of the Philippines.
The arbitrator’s award will be final and judgment may be entered
upon it by any court having jurisdiction within the Philippine
Jurisdiction.

25. CANCELLATION
The BAND reserves the right to cancel the agreement without
obligation upon written notice to the RESTAURANT prior to April 20,
2018. In the event the BAND cancels the performance under the
terms and conditions of this section, the deposit will be returned to
the RESTAURANT promptly.
The RESTAURANT reserves the right to cancel this agreement
without obligation upon written notice to the BAND prior to April 27,
2018. In the event of said cancellation, the deposit will be returned
promptly. Cancellation by the RESTAURANT for any reason later
than April 27, 2018 will result in forfeiture of the deposit and will no
longer be refundable. Cancellation by the RESTAURANT later than
April 30, 2018 will also require payment of the full price.
26. GENERAL PROVISIONS
No part of the performance may consists of act in violation of any
local laws, codes, statutes, ordinance, regulation, rules or any other
requirements including building and fire regulation. The performance
will not contain any lewd or indecent acts, images or language. If the
BAND violates this section, the RESTAURANT may immediately
cancel the performance and this agreement.

26.1 GOVERNING LAW


The BAND and the RESTAURANT shall submit to the
Jurisdiction of the Philippine Courts for the enforcement of this
contract or any arbitration award of decision arising from this
contract. This contract will be enforced or construed according
to the laws of the Philippines.
If any term, covenant, condition or provision of this agreement
is held by a court of competent jurisdiction to be invalid, void,
unenforceable, it is the parties intent that such provision be
reduced in scope by the court only to the extent deemed
necessary by that court to render the provision reasonable and
enforceable and the remainder of the provision of this
agreement will in no way be affected, impaired or invalidated as
a result.
This agreement contain that entire agreement between the
parties and cannot be changed except by written instrument
subsequently executed by the parties to this agreement. All
negotiation and understanding have been included in this
agreement. Statements or representation which may have been
made to the RESTAURANT by the BAND or to the BAND by
the RESTAURANT, in the negotiation stage of this agreement
may in some way be inconsistent with this final written contract.
All such statement are declared to be of no value in this
agreement. Only the written terms of this agreement will bind
the parties.
26.2 COVENANT OF GOOD FAITH AND FAIR DEALING
The BAND and the RESTAURANT agree to perform their
obligation under this agreement, in all respect, in good faith.

The BAND’s representatives warrants that by signing this


agreement it has the authority to bind the performer to the
terms and conditions of this agreement.

IN WITNESS WHEREOF, the parties have duly affixed their signature


on this 19 day of March, 2018 at 28th Street cor. 5th Avenue,
th

Bonifacio Global City, Taguig.

(BAND) (RESTAURANT)
Signed in the presence of:
_____________________________ ___________________
_____

ACKNOWLEDGEMENT
REPUBLIC OF THE PHILIPPINES)
_____________________) S.S

BEFORE ME, a Notary Public for and in __________ this day


_______ of ___________ personally appeared __________ with
Company Identification No.____ and ________ with ________,
issued at _________ who are both known to me to be the same
persons who executed the foregoing instrument and they
acknowledged to me that the same is their free and voluntary act.
WITNESS MY HAND AND SEAL, on the date and place first-
above written.

NOTARY PUBLIC
Doc. No.______;
Page No.______;
Book No._______;
Series of 2018.

Group D-Band

Alog, Mariel G.
Alonzo, Renz Aimeriza A.
Canosa, Ezra Joy
Dans, Vito
Ledesma, Nazareno Christopher
Macanip, Jan Joshua
Sevilla, Giorgo

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