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DocuSign Envelope ID:3A2943C2-EE76-446E-9116-3566395E1533 <br /> • <br /> The ArtsCenter <br /> • * ■ Always Inspiring. <br /> • <br /> 6. The Artist acknowledges and agrees that commencement times for staging, technical <br /> installations, rehearsals, sound checks and performances are subject to minor <br /> adjustment due to delays and the Artist covenants and agrees to reschedule these <br /> items, as necessary, upon notification by TAC. <br /> 7. The Artist acknowledges the time and location constraints Imposed by the scheduling of <br /> multiple events and covenants and agrees to abide by the scheduling provided by TAC <br /> for technical checks and rehearsals. Failure to use the scheduled time may result in a <br /> loss of the scheduled opportunity and the Artist covenants and agrees to perform the <br /> agreement notwithstanding. <br /> 8. TAC shall provide dressing rooms and refreshments as appropriate and in accordance <br /> with the particulars as set out in Schedule"D", attached hereto. - <br /> 9. The Artist acknowledges that photographs or video/audio recordings of the scheduled <br /> events may be made by or on behalf of TAC and hereby agrees to the reasonable <br /> photographing or recording and the use thereof by TAC for archival and promotional <br /> purposes only. <br /> 10.The Artist acknowledges that the fee for service Is a flat fee and not based on ticket <br /> sales or attendance capacity. <br /> 11.The Artist acknowledges that there shall be no sales of the Artist's merchandise or <br /> promotional material at any time prior,during or after the performances. <br /> 12.in the case of inclement weather or any other act of God beyond either party's control <br /> which does or would significantly impact on the ability of either party to perform or <br /> present under this contract,every attempt will be made to reschedule to the first date <br /> convenient to both parties. Should both parties fail to establish a date to reschedule,the <br /> above-stated obligations will be canceled and neither party shall be able to make a claim <br /> for damages or breach of contract. <br /> 13.Cancellations due to inclement weather shall be at the sole discretion of TAC. <br /> 14.The parties agree that the Artist is an independent contractor and not an employee of <br /> TAC and nothing contained in this agreement shall create an employer/employee <br /> relationship. <br /> 15.This agreement shall be governed by and construed in accordance with the laws of <br /> North Carolina. <br /> 16. Unless caused by the negligent or willful acts or omissions of the Artist,TAC shall <br /> indemnify, protect,defend and hold harmless the Artist from and against all losses, <br /> damages,liabilities, costs and expenses (including reasonable attorneys'fees) incurred <br /> by the Artist, and any claims of any third person or entity for damages, losses or injuries, <br /> arising out of:(a)any act or omission of TAC or their agents,servants, employees, <br /> contractors or representatives, including, but not limited to, damage, losses or injuries; <br /> (b)any accident, injury or damage to any person or property occurring in, on or about <br /> 300-0 East Main Street I Carrboro,NC 27510 i P 919.929.2787 i F 919.989.5574 1 www.artseenterlive.org <br />