Mountain Highway performs bluegrass, country, and gospel music for a fee, in a particular location, on a particular date – all of which are agreed to before such shows take place.
Whenever possible, a Performance Agreement is made between Mountain Highway (Mountain Highway, LLC – IRS EIN: 81-
4351223), hereafter “Artist,” and the entity hiring the band, hereafter “Presenter,” often represented by an individual or entity who is legally authorized to represent Presenter.
- Presenter hereby engages Artist to perform music at an event hereafter referred to as “Event,” on the date(s) listed below. Artist accepts engagement described within the aforementioned Performance Agreement in exchange for monetary compensation spelled out in the Performance Agreement, hereafter referred to as “Fee,” upon all terms and conditions set forth
therein. Payment constitutes Presenter’s acknowledgment and agreement that Artist has satisfied this Agreement and waives any claim of any nature whatsoever against the Artist, their agents, and/or employees arising out of or concerning this Agreement. Details of this agreement are confidential. - Artist and Presenter agree sound engineer and sound system will be provided by:
Artist (w/Artist’s speakers), Artist (w/Venue’s speakers), or Presenter according to the stage plot, which is available at mountainhighway.com/press.
Artist may access stage for set up and sound check by a particular time before Performance, which is defined in the Performance Agreement. - Presenter agrees to pay Artist by cash or check (made payable to “Mountain Highway, LLC”) no later than immediately following the
completion of the Performance described in the Performance Agreement. - The Artist acts as an independent contractor and not as an employee of the Presenter. As such, the Artist is responsible for income taxes,
self-employment taxes, FICA, and other applicable taxes arising from the Fee paid by the Presenter. While the Presenter may determine the
nature of the Performance, the Artist shall have full control over the manner, means, and details of the Performance. - Presenter shall not, and shall not authorize any person or entity to, record, broadcast, or digitally stream the Artist’s Performance in
any manner whatsoever without the prior express written consent of the Artist. The Artist and/or their designees shall have the right to record the
Performance and use the recordings as the Artist sees fit. Presenter shall have no interest or rights of any kind in or to any such recordings of the
Artist’s Performance during the Event. - Presenter may use promotional graphics and materials on Artist’s website for event advertising purposes. Artist’s band bio, onesheet,
promotional pictures, event flyer, and more are available at mountainhighway.com/press. - Presenter is responsible for coordination and costs of advertising and promotions it deems necessary to make Event a success. Artist may
(or may not) also use their own resources to promote Event by any means they choose. - For branding purposes, Presenter shall use the name of the band “Mountain Highway” in all advertising, publicity, announcements, etc.,
rather than the family name and/or individual name(s) of musician(s) performing. - Presenter is responsible for obtaining copyright license(s) for live performance(s) if any may be required by law.
- Artist will be provided a space for band merchandise sales including, but not limited to, CDs, apparel, and other items up to an hour before,
during, and after Performance(s). Artist will retain 100% of proceeds from their sales. - Artist’s equipment, instruments, and band members travel in a fully contained 40-foot motorhome with an onboard diesel generator. For
logistical purposes, Presenter agrees to provide a parking spot within 100 feet of stage or performance building, for a period of time defined in the Performance Agreement. - Neither the Artist, Presenter, nor Venue shall be liable for any failure to execute the Performance Agreement if such breach is due to any of the
following: acts or regulations of public authorities, illness, labor difficulties, inclement weather, epidemics, vehicular failure, transportation service
interruptions or delays, acts of God, or any other legitimate causes beyond the reasonable control of the Artist, Presenter, or Venue. - Except for claims arising from the Artist’s willful or intentional acts, Presenter shall defend, indemnify, and hold harmless the Artist, as
well as all of their officers, employees, contractors, vendors, volunteers, and any other agents, from any and all third-party claims. These claims
may include, but are not limited to, liability, loss, expenses (including reasonable attorney’s fees), or claims for injury, damages, or other issues
that arise from the execution of this Agreement. Presenter hereby agrees to assume all liability, jointly and severally, for any injuries or damages
related to the Performance or caused by associated persons to any other persons or property. - This agreement represents the entire understanding of the parties and supersedes all prior written or oral agreements regarding the
subjects herein. Any provision may be waived or modified if acknowledged by both parties through email or in writing. - If any provision of this agreement is waived or deemed invalid, illegal, or unenforceable for any reason, the rest of this agreement shall
remain in full force and binding upon the parties