Professional contracts for magicians with intellectual property protection, prop specifications, and clear performance terms.
Professional contracts for magicians with intellectual property protection, prop specifications, and clear performance terms.
MAGIC PERFORMANCE AGREEMENT
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1. PARTIES
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Magician: ___________________________ ("Magician")
Client: ___________________________ ("Client")
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2. EVENT DETAILS
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Event Type: Birthday Party (Kids)
Date: ___________________________
Arrival: 30 minutes before start
Venue: ___________________________
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3. PERFORMANCE DETAILS
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Performance Style: Kids Show (Interactive performance)
Duration: 45 minutes
Number of Shows: 1
Audience: Family-Friendly, 5-12
Estimated Audience Size: 15-20
Audience Participation: Yes - volunteers may be selected for tricks
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4. TECHNICAL REQUIREMENTS
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Table: 6-foot rectangular
Sound System: Not required
Microphone: Not required
Lighting: Standard room lighting sufficient
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5. HOSPITALITY
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Parking: 1 reserved space(s)
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6. COMPENSATION
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Performance Fee: $350.00
Deposit: $87.50 (25%) - Upon signing
Balance: $262.50 - Day of event
Payment Methods: Cash, Venmo, Zelle
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7. CANCELLATION POLICY
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- Client cancellation 45 days or more before event: Deposit earned by Magician; no additional fees.
- Client cancellation fewer than 45 days before event: Full performance fee due.
- A request to postpone, reschedule, materially change the date, or move the performance to a new date is treated as a cancellation unless Magician agrees in writing to apply some or all prior payments to a new date. Any rescheduled event requires written confirmation and may require a new agreement, new deposit, and/or price adjustment. Likewise, a change in location may require a price adjustment, to be negotiated in good faith.
- Magician may, in Magician's sole discretion, waive or reduce cancellation amounts, apply payments to a future booking, or decline to pursue amounts otherwise due. Any such waiver must be in writing and applies only to that specific booking.
Force Majeure: Force majeure applies only where performance is prevented or made unsafe by circumstances beyond the reasonable control of the affected party, such as severe weather, natural disaster, epidemic or public health emergency, government order or restriction, venue closure, serious illness or injury, civil unrest, interruption of essential transportation, or comparable emergency. Ordinary weather concerns, seasonal temperature changes, client preference, anticipated discomfort, or voluntary cancellation of the event do not constitute force majeure unless both parties agree in writing.
The affected party shall notify the other party as promptly as practicable. If a force majeure event prevents performance, the parties will make reasonable efforts to reschedule in good faith. A rescheduled date may require a price adjustment to reflect the market value of the new date, to be negotiated in good faith. If rescheduling is not feasible within 90 days of the original date, either party may terminate this Agreement by written notice. Any refund or credit will be determined under this Agreement after accounting for reasonable non-recoverable expenses already incurred by Magician (such as travel, equipment rental, or rehearsal costs) and work already performed.
No-Show by Magician: Full refund of all amounts paid.
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8. RECORDING & INTELLECTUAL PROPERTY
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Recording Policy: No recording or photography during performance
Social Media: No posting without prior written consent
Promotional Use: Requires separate written agreement
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9. LIABILITY
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Magician is an independent contractor, not an employee of Client.
Magician is responsible for own props and equipment except to the extent otherwise provided in this Agreement. Client shall provide a safe performance area.
Client shall maintain adequate liability insurance for the event venue and attendees.
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10. GOVERNING LAW
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This Agreement shall be governed by the laws of the State of California.
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11. SUPPLEMENTAL TERMS
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a) Performed Material — Intellectual Property Retention
Magician retains all right, title, and interest in and to Magician's original material — including without limitation methods, routines, illusions, and presentations — to the extent created, owned, or controlled by Magician and protectable under applicable law (the "Material"). The fee paid under this Agreement is consideration for a live performance only and does not transfer, assign, or license to Client any ownership or intellectual property right in the Material, and no part of the performance is a work made for hire. Any reproduction, transcription, adaptation, or commercial exploitation of the Material requires a separate written agreement between the parties.
b) Audience Participation
The performance may include voluntary audience participation. Client acknowledges that voluntary audience participation may involve ordinary risks inherent in such participation, and Client shall provide reasonable advance notice to attendees that participation is voluntary and that Magician may select participants in Magician's reasonable discretion. This section is subject to the Limitation of Liability section, except to the extent a limitation, waiver, or cap is prohibited by applicable law. Subject to that section, Client shall indemnify and hold Magician harmless from third-party claims to the extent arising from voluntary audience participation, except to the extent such claims are finally determined to have been caused by Magician's gross negligence, willful misconduct, unlawful conduct, or intentional or reckless acts. Where the Insurance and Indemnification section also applies to a claim arising from voluntary audience participation, this section governs that claim. Nothing in this section limits liability for unlawful conduct, gross negligence, or willful misconduct, or waives any right that cannot be waived under applicable law.
c) Confidentiality of Methods
Client acknowledges that the methods, techniques, and secrets underlying Magician's effects and routines may include confidential, proprietary, or trade-secret information of Magician, to the extent protectable under applicable law. Client shall not disclose, explain, publish, misuse, or knowingly assist others in disclosing or exploiting any non-public method, technique, or secret learned through Magician's confidential disclosure, backstage or rehearsal access, restricted materials, or other non-public access provided in connection with the performance, except with Magician's prior written consent. Client shall use reasonable efforts to cause its employees, agents, contractors, and event staff — and other attendees to the extent Client has the practical ability to direct or restrict their conduct at the event — not to do so. This obligation does not apply to information that: (a) is or becomes generally available to the public other than through a breach of this section; (b) Client lawfully knew, without a duty of confidentiality, before the performance; (c) Client independently develops without use of Magician's confidential information; (d) Client lawfully receives from a third party without a duty of confidentiality; or (e) Client is required to disclose by law, subpoena, court order, or governmental authority, provided Client gives Magician prompt written notice where legally permitted. Nothing in this section limits Magician's right to seek injunctive or other equitable relief; monetary remedies remain subject to the Limitation of Liability section except to the extent such limitation is prohibited by applicable law. This obligation survives termination or expiration of this Agreement. This section is in addition to, and does not limit, Magician's rights under the Performed Material — Intellectual Property Retention section.
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SIGNATURES
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- Magician: TBD
- Client: TBD