OVERVIEW
The undersigned performer (“PERFORMER”) agrees with the MILLCREEK ARTS COUNCIL, a Utah 501-C non-profit organization, to perform at the 2025 Millcreek Arts Fest on the previously agreed upon date with the following terms and conditions:
MEDIA
PERFORMER agrees that the MILLCREEK ARTS COUNCIL shall have the right to record by the performance of the PERFORMER at the Millcreek Arts Fest. The PERFORMER further agrees that if the MILLCREEK ARTS COUNCIL does record said performance, the MILLCREEK ARTS COUNCIL shall retain all rights to use such recording in promoting and advertising the Millcreek Arts Fest.
PERFORMER will grant access to a sound bite, video, or song for the MILLCREEK ARTS COUNCIL to use in promoting and publicizing the event.
COMPENSATION
COMPENSATION: Performers are compensated $125 per full time band member up to a maximum of $625.00 See table below:
Number of Full Time Band Members Compensation Total
1-$ 125.00
2-$ 250.00
3-$ 375.00
4-$ 500.00
5+-$625.00
PERFORMER agrees not to add members without first discussing with and receiving approval from the Music Coordinator. If the number of band members has decreased since submitting your application, or if your performance includes less performers than indicated in your contract, the Millcreek Arts Council reserves the right to amend compensation accordingly.
COMMUNICATION
PERFORMER acknowledges it is the responsibility of the PERFORMER to transfer all information regarding participation to group members.
PERFORMER will consult and notify the Music Coordinator regarding any requested changes to the contract, including any necessary absence or emergencies that would affect the performance at the PERFORMER’S earliest possible convenience.
PERFORMER is responsible for providing all instruments, amplifiers, instrument cables, music stands and chairs necessary for their performance. MILLCREEK ARTS COUNCIL will provide the audio engineer, power, stage lighting, sound system (including mixing board, monitors, mains and subwoofers), microphones, microphone stands, XLR cables and direct boxes necessary for amplification.
PROMOTION
PERFORMER will list the concert on their webpage and advertise the performance via social media in making a good faith effort to invite friends, family, and fans. MILLCREEK ARTS COUNCIL will promote the event utilizing Millcreek City listings, social media and their website.
MERCHANDISE SALES
MILLCREEK ARTS COUNCIL agrees to permit and promote appropriate sales of merchandise by PERFORMER, of which PERFORMER retains 100% of proceeds.
CONTENT
PERFORMER agrees to act in a professional manner, and keep their performance "family friendly", and appropriate for children.
PERFORMER agrees to perform at least 75% original material. If the PERFORMER wishes to perform more than 25% of the material as “covers”, they must first discuss with and receive approval from the Music Coordinator
WEATHER
In the event of rain, the concert will continue, and MILLCREEK ARTS COUNCIL will supply requisite shelter to shield the band and equipment from the elements which may include a canopy over the amphitheater stage or relocating the performance to the nearby covered pavilion. In the event of severe weather that results in MILLCREEK ARTS COUNCIL canceling the show the day of but prior to set up, PERFORMER will be compensated 50% of contracted amount. If MILLCREEK ARTS COUNCIL cancels the show after PERFORMER has set up, PERFORMER will be compensated 100% of contracted amount.
LEGAL
PERFORMER shall be an independent contractor in performing pursuant to this Agreement, and shall not be an agent, servant or employee of the MILLCREEK ARTS COUNCIL. This Agreement contains the entire agreement between the parties. This Agreement shall be governed by the laws of the State of Utah. The parties shall take such further action and execute such further documents as may be necessary to carry out the intent hereof.
PERFORMER agrees to defend, indemnify, and hold harmless MILLCREEK ARTS COUNCIL, the City of Millcreek, Salt Lake County, their officers, boards, employees, volunteers, independent contractors, or agents for any liability and any damages whatsoever, including, but not limited to, property damage, personal injury or death arising out of or in any manner connected with the Millcreek Arts Fest and use of facilities.
