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First Friday's Musician Performance Agreement

  1. Event Disclaimer

  2. Surry County offers programs and special events in a family-friendly atmosphere. All music that is performed should be suitable for all ages. Participating musicians should keep the family-friendly nature of County events in mind when selecting music and should not perform music that contains coarse or offensive language, profanity, vulgar words, references to sexual conduct, violence, or music that would otherwise be an affront to Surry County's community standards. The County reserves the right to review and approve all music that will be performed at events and to exclude any music it deems offensive. Musicians not willing to perform music that complies with these guidelines will not be selected to perform at County events. 

    Musicians are allowed to hang a banner, sell CD's, and collect tips during performances. We strive to give our artists a positive performance experience and will promote the event through advertisements, e-mails, and web highlights on our website and our Facebook page. By entering into this Agreement, musicians agree to the use of their name, image and performance in marketing materials and social media disseminated by the County. We appreciate your interest in playing for the Surry community!

  3. To be used for promotion

  4. A W-9 form is required for payment from the County. The form must be submitted at least 2 weeks in advance to receive a check in person, on the evening of performance, otherwise, checks will be issued and mailed after the W-9 form is submitted. Payment processing can take up to 30 days.

  5. MUSICIAN PERFORMANCE AGREEMENT

    This Musician Performance Agreement ("Agreement") is entered into as of today's date, by and between:

    Musician(s): The Artist/Band identified on this form
    Client/Promoter: Surry County, 45 School Street, Surry, VA 23883

    The parties hereby agree to the following terms and conditions:

    1. Performance Details:

      • Event: First Friday Performance
      • Date and Time: [Event Date], Performance from 5:00 PM – 7:00 PM, with two 45 minute sets (2 hours)
      • Break: A 30-minute break will be taken between the performance in between sets.
      • Arrival Time: Musician(s) will arrive at least 1 hour before performance start time for setup.

    2. Location & Compensation: Surry County Farmer’s Market Pavilion, adjacent to Surry County Government Complex, located at 45 School Street, Surry, VA 23883.

      • The musician(s) will be paid the agreed 2-hour performance rate plus, an additional $75.00 for meals.
      • In addition to the flat fee, the musician(s) will be entitled to tips from the audience, if applicable.
      • Payment Schedule: The full performance fee will be paid upon completion of the performance.

    3. Musician and County to Provide:

      • The musician(s) are responsible for providing all necessary specialized equipment such as microphones, wireless packs amplifiers, and lights (etc.) required for the performance.  
      • The musician(s) must ensure that all equipment is set up and operational before the performance begins.
      • The County will provide the following: (i) sound backline, (ii) engineer  (iii) stage (12x24) under covered area, and (iv) power distribution. .  

    4. Cancellation/Termination:

      • By Musician(s): If the musician(s) need to cancel the performance, they must notify the County at least 7 days prior to the event. If the musician(s) cancel within 7 days, they will be required to pay a cancellation fee of 50% of the agreed performance fee.
      • By County: If the County cancels the event, they must notify the musician(s) at least 48 hours prior to the event. If the County cancels within 48 hours, the musician(s) will be entitled to 50% of the full performance fee.
      • Unforeseen Circumstances: If either party is unable to perform due to force majeure (e.g., illness, natural disaster, or other unavoidable circumstances), neither party will be held liable, and the contract may be terminated without penalty.

    5. Liability and Indemnification:

      • Indemnification by Musician(s): The musician(s) agree to indemnify, defend, and hold harmless the County and its employees, agents, and representatives from any and all claims, demands, or lawsuits arising out of the musician(s)' performance or actions, including but not limited to personal injury, property damage, or theft during the event.
      • Insurance: Both parties acknowledge that they are responsible for maintaining their own insurance to cover their respective risks (e.g., personal injury, property damage).

    6. Miscellaneous:

      • Independent Contractor: The musician(s) are performing as independent contractors and not as employees of the County. Nothing in this Agreement shall be construed as creating an employer-employee relationship.
      • Choice of Law and Venue: This Agreement is governed by the laws of the State of Virginia. Any suit or action arising under this Agreement shall be commenced in the General District Court of Surry County, Virginia.
      • Faith Based Organizations:  The County does not discriminate against faith-based organizations. 
      • Immigration:  The musician does not, and shall not during the performance of this contract, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.
      • Assignment: This agreement cannot be assigned by either party.
      • Entire Agreement; No AmendmentThis Agreement contains the entire agreement between the musicians and the County.  No modification of this Agreement shall be effective unless in writing and signed by an authorized representative of each Party.
      • Severability:  In the event that any provision of this agreement is unenforceable, then the parties agree that all other provisions of this Agreement have full force and effect and shall not be affected thereby.
  6. Electronic Signature Agreement*

    By checking the "I agree" box below, you agree and acknowledge that 1) your application will not be signed in the sense of a traditional paper document, 2) by signing in this alternate manner, you authorize your electronic signature to be valid and binding upon you to the same force and effect as a handwritten signature, and 3) you may still be required to provide a traditional signature at a later date.

  7. Note: Approved as to form and legal sufficiency by the County Attorney on 3/28/25.  Any changes must be reviewed and approved in advance by the County Attorney

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