Fill in the details to generate the agreement
[ARTIST ENTITY NAME]
[DATE]
Crew Member Initial _______
ARTIST: [ARTIST NAME]
Crew Member Name: [CREW MEMBER NAME]
Role: [CREW ROLE]
Tour Dates: [TOUR CALENDAR DATES]
| RATE | TOTAL NUMBER OF DAYS | TOTAL COMPENSATION | |
|---|---|---|---|
| TOTAL: | $[ ] | ||
Page 1 of 5 - Crew Member Initial _______
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This Confidentiality and Non-Disclosure Agreement ("Agreement") is entered into as of [DATE] by and between, on the one hand, [ARTIST ENTITY NAME] and its affiliated entities ("Company") and, on the other hand, [CREW MEMBER NAME] ("Crew member").
1. Acknowledgement Regarding Artist. Crew member acknowledges that Company provides the services of [ARTIST NAME] ("Artist").
2. Crew member's Services. Crew member acknowledges and agrees that Company and/or Artist have agreed to retain Crew member as a Crew member or vendor to provide goods and/or services to Company and/or Artist.
3. Consideration. Crew member acknowledges and agrees that the consideration received in exchange for providing goods and/or services to Company and/or Artist shall also constitute adequate consideration for this Agreement. Crew member expressly acknowledges that Company and/or Artist would not retain Crew member but for Crew member's agreement to the terms set forth herein.
4. Confidentiality and Non-Disclosure. Crew member hereby expressly acknowledges and agrees that Company's and Artist's safety, privacy, and work product, as well as that of their respective affiliates, managers, shareholders, agents, representatives, artistic collaborators, and crew members, as well as Artist's immediate family members (individually and collectively, "Protected Party" or "Protected Parties") are highly valued.
a. As such, Crew member expressly acknowledges and agrees that Crew member will make all efforts to maintain confidentiality with respect to: (i) all information and any other material of any kind concerning the Protected Parties; (ii) all information regarding touring or other activities of a Protected Party, including, without limitation, information regarding the location locations and schedules of any tour, information regarding any performances (including, but not limited to, television performances), information regarding any rehearsals and/or any activities, events, or circumstances pertaining thereto; (iii) information regarding the personal life of each Protected Party (as applicable); (iv) information regarding Company's and/or Artist's work-product, entertainment services, or any other services performed by Company or Artist (or any other Protected Party), or any person, firm, or corporation doing business with or in any way related to or associated with Company or Artist, including, without limitation, any and all pictures, recordings, records, documents or other information (whether in physical or digital form) in any way concerning Company, Artist or another Protected Party (including Crew member's employment hereunder) or Company's or Artist's activities, events, or circumstances pertaining thereto, whether personal or professional, or any other facet of Company's, Artist's, or another Protected Party's activities or the personal life of any Protected Party (as applicable), whether prepared by Crew member or otherwise coming into Crew member's possession (collectively, the "Information"), except to the extent publicly and intentionally disclosed by Company (or the applicable Protected Party).
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b. Crew member hereby irrevocably and perpetually agrees that the Information is and shall remain Company's sole and exclusive property and Crew member shall not at any time use or disclose any of the Information, directly or indirectly, to anyone, nor remove or copy any of the Information, without Company's prior written consent. All of the Information shall be deemed to be confidential, private, secret, and sensitive, and shall be kept by Crew member confidential and secret unless Company otherwise advises Crew member in writing.
c. Without limiting the foregoing, Crew member shall not: (i) photograph, tape, film, or otherwise record, in any manner any likenesses or activities of any Protected Party (as applicable) under any circumstances, including, without limitation, any performances, appearances, rehearsals, or other activities or situations in either public or private settings (collectively, "Recordings"), or (ii) disclose, distribute, share, text, or post to social media or any other online distribution platform any Recordings without Company's prior written consent.
d. Further, Crew member shall not give any interviews or provide any information, statements, disclosures, accounts, stories (including fictional or non-fictional), autobiographies, "tell alls," or material (whether oral or written) in any way concerning any Protected Party or the Information (collectively, "Disclosures") to or for the use by any other person or entity including, but not limited to, the print, book, online, or broadcast media, or via any form of social media, without Company's prior written consent. Crew member further agrees to refrain from making any disparaging or negative comments or statements to any third party concerning any Protected Party or the activities of any Protected Party or in any way related to Crew member's services or engagement hereunder.
e. Without limiting the foregoing, Crew member hereby acknowledges and agrees that all Recordings and Disclosures, whether or not exploited and regardless of the medium concerned, shall be deemed Information solely and exclusively owned by Company hereunder as a Work for Hire. To the extent any item does not qualify as a Work for Hire, Crew member agrees irrevocably to assign, transfer, and convey to Company by this Agreement the applicable non-qualifying items, together with all of Contractor's right, title, and interest therein and thereto (including all worldwide copyrights and all renewal rights or rights of extension or similar rights, and all moral rights or similar rights). Crew member agrees that Company may register such copyright in its own name (or the name of any designee). Crew member grants to Company a limited power of attorney to execute and file a transfer or assignment on Crew member's behalf with the United States Copyright Office with respect to any Recording or Disclosure.
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5. Third-Party Beneficiary. Crew member acknowledges and agrees that Artist shall be deemed an intended third-party beneficiary of this Agreement and shall be entitled to directly enforce the terms hereof in the event of Crew member's alleged, actual, or threatened breach hereof.
6. Injunctive Relief. Crew member also expressly agrees that, in the event that Crew member breaches or threatens to breach Paragraph 4 of this Agreement, Company and/or Artist will suffer immediate and irreparable harm and/or injury, which harm and/or injury cannot be adequately compensated by an award of monetary damages. Accordingly, in addition to any and all other rights or remedies available to Company and/or Artist, Crew member expressly agrees that Company and/or Artist shall be entitled to injunctive relief, including a temporary restraining order, preliminary injunction, permanent injunction, and/or order of sequestration or seizure (or similar relief), as a remedy for or to prevent any violation or threatened violation of Paragraph 4 of this Agreement, as well as all other remedies provided in such event by law or equity.
7. Liquidated Damages and Other Relief. The parties agree that if Crew member breaches Paragraph 4 of this Agreement, Company and/or Artist shall be entitled to any and all relief permitted under this Agreement, including but not limited to, liquidated damages in the amount of Fifty-Thousand Dollars ($50,000.00).
8. Attorney's Fees and Costs. In the event Artist and/or Company take any action to enforce Paragraph 4 of this Agreement against Crew member, in addition to any other remedies, Company and/or Artist shall be entitled to recover their reasonable attorneys' fees and expenses from Crew member.
9. Binding Effect. This Agreement shall be binding upon each party and upon each party's heirs, administrators, representatives, executors, successors, and assigns, and shall inure to the benefit of the other party and each of them, and to each party's heirs, administrators, representatives, executors, successors and assigns. The confidentiality and non-disclosure provisions of this Agreement shall survive the expiration or termination of the Agreement and shall continue in full force and effect after Crew member has provided its goods and/or services to Company or Artist.
10. Choice of Law and Venue. This Agreement has been entered into in the State of Tennessee, and the validity, interpretation and legal effect of this Agreement shall be governed by the laws of the State of Tennessee applicable to contracts entered in and performed entirely within the State of [STATE]. The parties agree that any lawsuit arising out of or related to this Agreement shall be brought in the state or federal courts of [STATE].
By: _____________________________________________
[CREW MEMBER NAME]
Date: ___________
By: _____________________________________________
[ARTIST ENTITY NAME]
Date: ___________
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