Contract Preview
SOUND TECHNICAL SERVICES AGREEMENT
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1. PARTIES
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Technician: ___________________________ ("Technician")
Client: ___________________________
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2. SERVICE DETAILS
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Service Type: Full Production
Event Type: Concert
Date: ___________________________
Load-in: 3 hours before show
Soundcheck: 2 hours before show
Show Start: TBD
Estimated Strike End: TBD
Venue: ___________________________
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3. POWER REQUIREMENTS
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Circuits Required: 4
Amperage: 20A per circuit
Dedicated circuits required (not shared with venue lighting, HVAC, or other systems).
Venue readiness, power, access, and venue/client equipment responsibilities are governed by the Supplemental Terms below.
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4. VENUE ACCESS & PARKING
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Guaranteed Access: 3 hours before show
Load Vehicle Parking: Dedicated parking near load-in door required for duration of event.
Load-in access, load-out access, and parking/access fee responsibility are governed by the Supplemental Terms below.
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5. LIABILITY INSURANCE
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Technician maintains general liability insurance with coverage of $1,000,000.
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6. COMPENSATION
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Labor (Day Rate): $800.00
Equipment Rental: $500.00
Subtotal: $1,300.00
Deposit: $650.00 (50%) - Upon contract signing
Balance: $650.00 - Day of event
Payment Methods: Bank transfer, Venmo, PayPal
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7. CANCELLATION POLICY
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- Client cancellation 45 days or more before event: Deposit earned by Performer; 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 Technician 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.
- Technician may, in Technician'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.
No-Show by Technician: Full refund of all amounts paid.
No-Show by Client: Full payment due to Technician.
Force majeure is governed by the Supplemental Terms below.
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8. GOVERNING LAW
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This Agreement shall be governed by the laws of the State of California.
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9. SUPPLEMENTAL TERMS
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a) 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 Technician (such as travel, equipment rental, or rehearsal costs) and work already performed.
b) Equipment Protection
Client will take reasonable care of Technician's instruments, equipment, and gear while they are at the venue or otherwise in Client's care. If that equipment is lost, stolen, or damaged because of something Client — or Client's employees, agents, contractors, invitees, or guests, or venue staff arranged by Client — does or fails to do, or because Client did not provide the access, storage, security, power, or environmental conditions agreed in this Agreement, Client will cover the reasonable cost to repair it, or to replace it with comparable equipment (less any salvage value) if it cannot reasonably be repaired.
Client will also pay Technician's reasonable, documented costs to rent or obtain reasonably comparable substitute equipment during the shortest commercially reasonable repair or replacement period. Client will also pay Technician's documented net earnings from any engagement, other than the engagement under this Agreement, that was confirmed before the loss, was scheduled to occur before the equipment could reasonably be repaired or replaced, and that Technician could not perform as a direct result of the equipment loss despite reasonable mitigation. An engagement is confirmed only if contemporaneous written or electronic records show its date and an agreed or reasonably determinable fee; a recurring engagement may be shown by a documented pattern of prior bookings and payment. "Net earnings" means the compensation for the missed engagement minus direct costs saved because it was not performed and amounts received through reasonable mitigation. Except as expressly provided in this section, this section does not cover lost income or other indirect losses, including unidentified or unawarded work, hoped-for referrals, increased profile, reputation, goodwill, or other speculative opportunities.
Because this equipment is used to earn a living, the parties agree that reasonable substitute-equipment costs and net earnings from already-confirmed engagements are foreseeable consequences of covered loss or damage. Neither an aggregate-liability cap nor a damages exclusion elsewhere in this Agreement limits amounts payable under this section.
Technician shall provide reasonable documentation of the amount of the loss and of the circumstances reasonably known to Technician, and shall take reasonable steps to mitigate the loss. Insurance or third-party benefits reduce the amount paid directly to Technician only to the extent applicable law requires; they do not reduce Client's underlying liability or impair any lawful subrogation or reimbursement right. Technician may not retain more than full compensation for the same loss after applicable reimbursement and subrogation rights are satisfied.
c) Independent Contractors
Technician acknowledges that it is an independent contractor and not an employee of the Client, and shall be responsible for all applicable taxes. Client shall control the time and division of the performance, while Technician shall control the manner, means, and details of the performance.
d) Assignment, Entire Agreement, Governing Law, Jurisdiction
This Agreement may not be assigned or transferred by Client without the prior written consent of Technician. Technician may assign performance obligations to a qualified substitute performer or ensemble with Client's prior consent, which shall not be unreasonably withheld. This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements or representations, whether written or oral, relating to the subject matter herein. No modification or amendment shall be valid or enforceable unless made in writing and signed by both parties. Any dispute arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in California, and the parties hereby consent to the personal jurisdiction of such courts.
e) Limitation of Liability
Except for the claims and obligations listed below, each party's total liability arising from this Agreement is limited to the total compensation stated in it, and neither party is liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, revenue, business opportunities, goodwill, or reputation. These limits do not apply to: (a) amounts the Client is expressly required to pay under this Agreement; (b) indemnification or Equipment Protection obligations actually included in this Agreement; (c) fraud, gross negligence, reckless or willful misconduct, willful injury, or violation of law; or (d) compensatory damages, including past and future lost earnings and lost earning capacity, recoverable under applicable law for death or bodily injury for which a party is legally responsible. Nothing in this section creates liability or limits liability that cannot lawfully be limited.
f) Dispute Resolution
Any dispute arising out of or relating to this Agreement shall first be submitted to good-faith negotiation between the parties. If the dispute is not resolved within fourteen (14) days of written notice, either party may initiate non-binding mediation administered in the county of Technician's principal residence, with costs shared equally. If mediation is unsuccessful or waived by mutual written consent, either party may pursue any remedy available at law or in equity in a court of competent jurisdiction in the state specified in the governing law provision of this Agreement.
g) Technical Services / Venue Readiness
Client shall provide the venue conditions, access, power, and technical support reasonably required for Technician to provide the technical services described in this Agreement. Client is responsible for ensuring that the venue provides safe, stable, and adequate electrical service for the equipment and services specified in this Agreement, including the power requirements stated in the technical rider. Technician is not responsible for equipment malfunction, service interruption, delay, or reduced service quality caused by inadequate, unstable, unavailable, or unsafe electrical service, venue infrastructure, or venue-provided equipment, based solely on conditions, equipment, infrastructure, or service furnished or controlled by Client or the venue. This section is subject to the Limitation of Liability section of this Agreement and does not limit liability for a party's own gross negligence, willful misconduct, or violation of law.
Client shall provide clear and unobstructed access to the stage, mix position, performance area, loading area, and other work areas reasonably necessary for load-in, setup, operation, strike, and load-out. Unless otherwise agreed in this Agreement, Client is responsible for parking fees, loading-zone fees, access fees, and parking or loading violations incurred because the venue does not provide the agreed access, loading, or parking arrangements.
Technician is not responsible for pre-existing defects, faults, limitations, or unsafe conditions in venue-provided or Client-provided equipment, cabling, power, staging, networking, rigging, or other infrastructure. Technician may document the apparent condition of such equipment or infrastructure at load-in. The disclaimer in this paragraph is limited to conditions, equipment, infrastructure, or service furnished or controlled by Client or the venue, is subject to the Limitation of Liability section, and does not limit liability for a party's own gross negligence, willful misconduct, or violation of law. If a condition furnished or controlled by Client or the venue reasonably prevents safe delivery of the technical services, or would render delivery materially substandard, Technician shall promptly notify Client or the venue and allow a reasonable opportunity to correct the condition. If the condition is not corrected within a reasonable time, Technician may pause or limit only the affected services, and only to the extent reasonably necessary, until the condition is corrected. A good-faith pause or limitation under this paragraph shall not be deemed a breach, cancellation, or abandonment of this Agreement by Technician. During any such pause, Technician remains entitled to payment for services actually rendered and to amounts otherwise due under the Agreement. If the condition cannot reasonably be corrected in time to permit substantial performance, the failure shall be treated as a Client cancellation only to the extent the condition was caused by Client, the venue, or their respective employees, agents, guests, contractors, or personnel, or by Client's failure to arrange the venue readiness required by this Agreement. If Technician caused or materially contributed to the underlying condition, Technician may not collect compensation for services Technician did not perform or costs Technician caused. If the condition is caused by circumstances beyond the reasonable control of both parties and the venue, the Force Majeure section controls.
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SIGNATURES
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- Technician: TBD
- Client: TBD