BREAKING BARRIES, INC.
APPEARANCE AGREEMENT THIS APPERANCE AGREEMENT (“Agreement”), entered into as of this __16_ day of __November_________, 2009 (“Effective Date”), by and between _____Lisa Sparxxx________________, hereinafter referred to as “Talent,” and Breaking Barriers, Inc.., a corporation of the State of ____New York____, hereinafter referred to as “Promoter.” WITNESSETH:
1. Promoter hereby engages the services of _____Lisa Sparxxx____________ (Agent or Talent) to provide for the Promoter the appearance of _____Lisa Sparxxx__________________ (Talent) for an appearance at the time and place and under the conditions hereinafter set forth. Date of Appearance
___________July 16-18, 2010________________ (Day-Month-Year) _________All Show Hours___________________ (Time-P.M.-A.M.)
Purpose of Appearance _______Sign autographs and sell merchandise________________ Length of Appearance _____________3 Show Days_____________________ Location of Appearance
________Donald E. Stephens Convention Center, Chicago, IL___ _______________________________________ _______________________________________
Additional Special Conditions: _____________________________________________________________________________ _____________________________________________________________________________
2. Promoter agrees to pay to _________Lisa Sparxxx______________________________________ (Agent or Talent) the sum of complimentary exhibit space for his or her appearance services hereunder, payment to be made by Promoter check within 7 days from completion of services hereunder. This sum represents the total consideration payable by Promoter for services hereunder and any travel and other expenses incidental to performance shall be the sole responsibility of Agent and/or Talent. 3.
Promoter agrees to provide at its own expense the location for the appearance, properly lighted and heated and/or cooled.
4. ______Lisa Sparxxx_____________________ (Agent or Talent) agrees to provide the appearance services hereinbefore set forth in accordance with all aforesaid conditions and further agrees to provide adequate promotional information on the Talent for publicity purposes, should Promoter so request. 5.
The parties mutually agree: a.
That either party may cancel the appearance and both parties thereto shall be released from any liability hereunder if, in the judgment of Promoter, it is impractical or undesirable to present such appearance due to accidents or accidents to means of transportation, or riots, strikes, epidemics, destruction of the venue, acts of God, sickness, acts or regulations of governmental or school authorities, or other legitimate conditions beyond the control of Promoter, as may either prevent performance or render receipt of Talent’s appearance valueless; and if Agent and/or Talent cannot perform because of ill health, physical disability or other reasons beyond the control of Agent and/or Talent, or if Agent and/or Talent be prevented by acts of God, regulation of public authority or other circumstances beyond the control of Agent and/or Talent from performing the engagement.
b. That all notices to mode of transportation and arrival time and all correspondence, publicity or other things concerning this contract shall be directed to ___________Michael Wittenberg______________ for the Promoter and to _________Lisa Sparxxx___________________ for the Agent and/or Talent. c.
That Agent or Talent and its agent shall be solely responsible for compliance with any rules or regulations, or responsibilities required by any organization with which the Agent or Talent or its employees are members or to which they may be contractually bound, and Promoter shall have no liability, duty or obligation therefor.
d.
The Agent or Talent shall indemnify the Promoter and hold it harmless from all loss or damage which it may sustain by reason of injury to any person due to the neglect or willful act of Agent or Talent or the employees, servants or agents of Agent or Talent, in the performance of this Agreement, including defending, at Agent or Talent’s own expense, such claims as may be asserted for loss or damage against the Promoter arising out of Agent or Talent’s performance of this Agreement.
e.
No shareholder or officer of Promoter incurs or assumes any individual or personal liability by the execution of this Agreement or by reasons of default of the Promoter in the performance of any of the terms hereof. All such liability of shareholders or officers of Promoter is hereby released by Agent and/or Talent as a condition of and consideration for the execution of this Agreement.
f.
The individuals signing on behalf of the Promoter and Agent and/or Talent warrant their authority to sign on behalf of the Promoter and the Agent and/or Talent, as applicable.
g.
This Agreement may not be assigned by either party without the written consent of the other party.
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives, executed this Agreement as of the Effective Date.
BREAKING BARRIERS, INC.
AGENT OR TALENT
By:__________________________________
By:______________________________________
Name: __________________________________
Name: __________________________________
Title: __________________________________
Title: __________________________________