The Musician/Agent shall not be liable for failure to appear, present or perform if such failure is due to physical disability of the Agent or musicians, acts or regulations of public authorities, labor difficulties, civil turmoil, strike, epidemic, interruption or delay of transportation of utility service, acts of God, or any other cause beyond the reasonable control of the Musician/Agent. The Purchaser shall not be liable for its failure to provide directions, transportation or equipment necessary for transportational needs.Limitations on Recording:
No performance during the engagement shall be recorded, copied, reproduced, transmitted, or disseminated in or from the premises in any manner or by any means now known or later developed, including audio and video, without the prior written permission of Agent. (This clause does not apply to private functions such as weddings and birthdays.)Cancellation:
In the event Purchaser cancels the performance or any hours of this contract, Agent will keep the deposit for each hour cancelled as liquidated damages. In the event Purchaser cancels the performance for any reason less than 60 calendar days before the date of such performance, Purchaser will pay Agent, as liquidated damages, the total guaranteed fee agreed to be paid for such performance, unless Agent subsequently agrees in writing to waive all or any part of that payment.Indemnifications:
For private events such as wedding, birthdays etc... non-broadcasted events, Musician/Agent agrees to defend, indemnify and hold harmless Purchaser, its officers, agents and employees, against all claims, demands, cost and expenses that Purchaser may sustain or incur by reason of any infringement or violation, or any alleged infringement or violation, of any copyright or proprietary right in the performance(s) defined hereinabove, or of any portion of portions thereof. Musician/Agent agrees to pay any and all royalties required to be paid on copyrighted material. For public events, radio performance, broadcasted events, purchaser agrees to pay any and all royalties required to be paid on copyrighted material. Purchaser agrees to obtain any and all necessary personal injury and property damage liability insurance with respect to the activities of the agent and Mariachi Alma De Mexico on the premises of Purchaser or at such other location where Purchaser directs Agent and musicians to perform. Purchaser agrees to indemnify and hold Agent harmless from any and all claims, liabilities, damages, and expenses for injury, damages, or death to any person, persons, or property, including attorneys’ fees, demands, suits, or cost of whatever nature, arising from any action, activity, or omission of Purchaser or third parties, except for claims arising from musician’s will misconduct or gross negligence.Agreement and Construed:
This agreement shall be construed and endorsed according to the laws of the State of California. Waiver of any default shall not be constituting waiver of any subsequent or other default. All rights of the parties hereto shall insure to the benefit of their successors and assigns, and all obligations of any of the parties hereto shall bind his, her, or its heirs, executors, personal representatives, successors and assigns. 14. Oral Representation and Amendments: No representation, warranty, conditions or agreement of any kind or nature whatsoever shall be binding upon the parties hereto unless incorporated in this agreement. This contract contains all the terms and conditions agreed upon by the parties hereto, and may not be amended other than in writing and signed by both parties.