MONT DU LAC/BOWFEST

APPEARANCE AGREEMENT

This Agreement for the personal services of an individual to appear at the event to be described below, is made between Mont Du Lac Resort (hereinafter called the Company) and the undersigned person(s), hereinafter called the Talent, for the personal services of the Talent.

  1. Payment: All payments will be in form of a check issued by the Company and will be payable to Talent OR AGENT as indicated in Number 2. above.
  2. INDEPENDENT CONTRACTOR:

The Talent, its officers, agents and employees (if applicable), in the performance of this talent Agreement shall act in the capacity of an Independent Contractor and not as an officer, employee or agent of the company.  The Talent agrees that it shall take such steps as may be necessary to ensure that any subcontractor or contractor shall be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer or partner of the Company.  As such, the parties will each be responsible for their own acts of negligence as determined by law.

  1. Liability:

(a) The company is insured for liability protection.  Such protection applies to the Company and their employees only.  Talent and all other individuals and organizations must provide their own liability coverage.

(b) The company agrees to provide liability protection for its officers, employees and agents while acting within the scope of their employment.  The Company further agrees to hold harmless the Talent, its officers, agents and employees from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to persons or property arising out of or in connection with or occurring during the course of this Talent Agreement where such liability is founded upon or grows out of the acts or omissions of any of the officers, employees or agents of the Company while acting within the scope of their employment.

(c) Talent agrees to hold the Company harmless from any loss, claim, damage or liability of any kind involving an employee, officer or agent of the Talent arising out of or in connection with this Agreement except to the extent that it is founded upon or grows out of the acts or omissions of any of the officers, employees or agents of the Company while acting within the scope of their employment..

  1. Disputes

(a) This Talent Contract and any proceedings conducted hereunder shall be governed and enforced under the laws of the State of Wisconsin.

(b) All disputes shall be submitted in writing.  Disputes regarding the terms of the Talent Agreement or claims arising out of its execution or performance may be resolved in any Wisconsin court with competent jurisdiction.

(c) This Talent Agreement, and the terms and conditions contained herein, may be enforced by the Company and by each Talent who is a party to this Talent Agreement, or who has, in fact, performed the engagement contracted for, and by the agent(s) of each Talent.

  1. Cancellations:

(a) Either party may cancel this Talent Agreement without obligation to the other if cancellation notice is received in written form at least 30 days before appearance date.

(b) Talent agrees to furnish payment to the University for actual appearance preparation costs in the event of a late cancellation, late appearance, or non-appearance within 30 days after billing, subject to the limitations in Section 9 (c), infra.

(c) If, due to illness, accident, or other causes legally known as Acts of God, Talent is forced to cancel a Talent Contract, neither party, nor any representative shall be liable for any payment.

  1. Miscellaneous:

(a) No Talent shall be recorded, reproduced, or transmitted from the place of appearance, in any manner or by any means whatsoever, unless there is a written signature to this agreement by the Talent.  The Company will make a reasonable effort to prevent individuals from doing so.

(b) The Talent is solely responsible for payment of royalty fees, and/or rights and/or performance fees, fees required by unions and similar organizations, and similar costs.  The Talent shall indemnify the Company against any liability or damages, including attorney fees, which may arise as a result of violation by Talent of copyright laws.

(c) Sale of any souvenir items or recordings by Speaker shall only be permitted upon specific written amendment to this Talent Contract with Company 30 days prior to date of engagement, and then subject to the terms listed.

(d) In connection with the performance of work under this Talent Contract, the Talent agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s.51.01(5), sexual orientation as defined in s. 111.32(13m), or national origin.  Except (as defined in s. 16.765) with respect to sexual orientation, the Talent further agrees to take affirmative action to ensure equal employment opportunities.

(e) Details and manner of presentation are under the control of the Talent.  However, Company has the right to direct Talent to discontinue any activity constituting violation of Company policy, as well as any federal, state, or local laws.

(f)  Anticipated starting times specified in the Talent Agreement, subject to minor modifications because of unanticipated occurrences, are of the essence and hence, Talent is required to be at place of performance a sufficient period of time prior to schedule time of commencement so as to permit timely presentations.

  1. ENTIRE AGREEMENT AND NOTICE

(a) This Talent Agreement constitutes the entire agreement between the parties.

(b) Any requirements that Company comply with terms, provisions, or directions of any agreements, indentures, declarations of trust, etc., shall only be binding if the specific terms of the same are made known to and agreed to by Company, in writing by the persons listed below, in advance of the Talent Agreement execution or are made part of this Talent Agreement prior to the signing of the Talent Agreement by the Company.

(c) This Agreement may be modified or amended in writing signed by authorized signatories of the Company and the Talent.  All Agreement amendments shall be issued in writing.

  1. EXECUTED CONTRACT SIGNATURE: This Talent Agreement shall be binding upon the parties hereto, their successors and assigns, upon due execution by both parties. The undersigned represents that he/she is a representative authorized to sign on behalf of the Talent and to enter into this Talent agreement.

Addendum:

  • Talent must be on-site and accessible to guests from 12:00pm until 10:00pm each day of the festival
  • Talent must bring bow and supplies
  • Talent must shoot one full course
  • Talent must be available for at least one night shoot
  • Talent must be available for one meet and greet of not more than 60 minutes (company schedule)
  • Talent must be available for a VIP dinner on Thursday night
  • Talent must post one original Bowfest post per week on their FaceBook and other social media
  • Talent must create one video on-site to be used by Company
  • Talent is required to supply a W-9