The following will serve as the agreement between
______(Sponsor)_____ (hereinafter referred to as the "Sponsor")
and _______(Artist's Management/Promoter)______(hereinafter
1. Sponsor shall be the exclusive sponsor of
the Artist/Event tentatively scheduled for ____(Event date or Tour dates)_____.
Without limiting the generality of the foregoing, no
2. As full compensation for the rights and services granted herein, Sponsor shall pay Manager the sum of XXXXX ($xxxxxx.xx) DOLLARS, payable in three (3) equal installments on the following dates:
June 1, 199_ - $XXXXX.XX
September 1, 19__ - $XXXXX.XX
December 1, 19__ - $XXXXX.XX
3. In connection with said Artist/Event, Sponsor
shall receive XXXXXXXX (XX) tickets at no cost for each performance. Such
tickets shall be for favorable seats in the highest price range and locations.
In addition, Sponsor shall have the right to purchase, at the ticket's
face value price, up to ten percent (10%) of concert tickets at each venue,
said tickets to be for
4. (a) An official logo and identification phraseology or catch phrase shall be developed for the Artist/Event by manager which shall be subject to the approval of the Sponsor and which shall refer to Sponsor (in first position), Artist/Event (e.g. Sponsor presents Artist/Event). Such logo and/or identification phraseology, where applicable, shall be prominently included in all promotional and advertising references which relate to the Artist/Event and disseminated throughout any media (e.g. print, radio, television and point of sale) by promoter or company announcing the Artist/Event. Nothing herein contained shall constitute an obligation on Sponsor's part to advertise or promote the Artist/Event, it being understood by the parties hereto that the Sponsor may do so at its option or may refrain therefrom.
(b) Any uses of the official logo and/or identification phraseology or catch phrase, other than specifically provided for in this Agreement, shall require the prior written permission of both Sponsor and Manager.
5. (a) Sponsor's sponsorship of the Artist/Attraction shall be prominently featured and/or displayed in connection with the Artist/Event and all aspects thereof, including but not limited to, references on tickets, passes, handbills,inflatables (where applicable), indoor and outdoor venue signage (where applicable), venue marquee, stationary (if any), press releases, the stage and curtain (where applicable) and a sponsor reference on the front cover of any Official Programs. The form of such sponsorship references shall be subject to the mutual approval of the Sponsor and Manager. Sponsor shall be responsible for providing banners with its name and/or logo of Sponsor's products and/or references to its sponsorship of the Artist/Event, providedd such banners contain references to the Sponsor/Products (which banners Manager shall cause to be prominently displayed in the venue(s)), graphic layouts, vehicles signage (but only if Sponsor requests same) and any other materials deemed necessary or desirable by both Sponsor and Manager. A Sponsor's sponsorship reference(s) shall appear on the backside of all T-shirts and on all other clothing items sold (the manner and location of such sponsorship reference on such other clothing to be determined by Manager and approved by Sponsor), which are offered for sale to the public; provided, however, if Manager feels it advisable, up to twenty-five percent (25%) of such other clothing items offered for sale to the public need not include such sponsorship references. Sponsors' sponsorship reference on T-shirts and other clothing shall be at least one inch in diameter and comparable to the size of any reference to venue or promoter references, and Manager will use his/her best efforts to satisfy Sponsor's reasonable requirements with respect to such sponsorship references. All such Sponsor's sponsorship references shall refer to the promoter or venue in a manner mutually agreeable to Manager and Sponsor. The official logo and/or identification phraseology or catch phrase shall be included in the posters offered for sale by or under the auspices of the Manager or Artist/Event or their perpective agents or licensees.
(b) Sponsor's products will be the only such products provided in the backstage area and none of the products of Sponsor's competitors shall be publicly consumed by Artist or his/her employees at the venue or otherwise during the term hereof.
6. Manager shall use his/her best efforts to provide Sponsor with exclusive venue signage and to permit Sponsor to sell and/or distribute its Products at all venues; subject, however, to each venue's rules, regulations, and prior contractual obligations.
7. Manager shall hold a press conference regarding the Artist/Event on or about _____(date)_____, and, unless Sponsor otherwise agrees, the only reference to Sponsor shall be Sponsor's sponsorship of the Artist/Event.
8. Sponsor shall have the right to offer a
single poster, T-shirts and other items as premium merchandise to the
public featuring the identification of one or more of the Sponsor's
9. Sponsor shall use its best efforts to promote to the public Manager's premium merchandise during the term of this Agreement, provided such material is acceptable to the Sponsor with respect to quality, appropriateness, design and consumer value. Sponsor agrees to use its best efforts to assist Manager to develop merchandise items that meet Sponsor's reasonable criteria as provided herein. Manager shall indemnify Sponsor for any liability in connection with its premium merchandise offer. Sponsor shall likewise indemnify Manager and Artist/Event for any liability from Sponsor's premium merchandise offer, exclusive of product liability relating to the materials provided by Manager.
10. Artist/Event grants to the Sponsor the right to use the Artist/Event's name and likeness for advertising and promotional materials during the term of this Agreement in connection with the Sponsor's Products on the following terms and conditions:
11. The term of this Agreement shall commence with the execution hereof by Sponsor, Manager and/or Artist/Event and shall continue until __(date)__, 199_.
12. Sponsor shall be given the right of first
negotiation and first refusal with respect to the sponsorship, if any,
of any television specials or comparable television appearances whether
13. All trademarks, photos, transparencies
and similar production materials produced hereunder shall be the exclusive
property of the Manager and shall be returned promptly after the
14. Manager and Artist/Event shall secure and
maintain throughout the term of this Agreement all insurance customarily
secured for tours/events of the stature and size, subject to the mutual
approval as to the type of insurance and the amount of coverage, which
policies may, at the Sponsor's option, name Sponsor as an additional named
insured. If Sponsor is so named,
15. If Manager is prevented from fully performing the terms and conditions of this Agreement due to a Force Majeure as customarily defined in the entertainment industry, Manager and/or Sponsor may suspend and/or terminate this Agreement in accordance with standard industry provisions for such occurrences, provided in no event shall Manager be obligated to return any sums advanced, loaned or paid hereunder. The parties hereto will attempt in good faith to negotiate a more detailed Force Majuere clause as provided below.
16. The Sponsor, Manager, and Artist/Event
agree that the terms and conditions of this Agreement are confidential
and cannot be disclosed to any third party except as expressly
17. Sponsor shall have no liability whatsoever with respect to any commissions due agents of Manager and/or Artist/Event in connection with the securing of this Agreement, all of which obligations shall be contractor's sole liability, and Sponsor shall likewise be solely responsible for any commissions due its agents.
18. Sponsor shall have the right to hold receptions and other social affairs and events in association with the Artist/Event for the purpose of entertaining clients, retailers, contest winners, etc. Artist/Event shall have the obligation to participate in these receptions.
19. Artist/Event, Manager and Sponsor warrant and represent they have the right and authority to enter into this Agreement and their performance hereunder shall not conflict with the rights granted any other party. Manager and Artist/Event agree to be jointly and severally liable for the performance of their obligations under this Agreement.
20. This Agreement is construed and guided
in accordance with the laws of the State of ________ and, in the event
of any litigation between the parties hereto, __(state)__ laws shall
21. Should any portion of this Agreement be found to be invalid or unenforceable, it shall not effect the remainder of this Agreement.
22. This Agreement is intended to be fully
binding on the parties hereunder provided this Agreement shall not become
effective until formally approved by Artist/Event which approval
In consideration of the terms and obligations of this Agreement, the parties hereto set their hands.
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