This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
Witnesseth, that the party of the first part hereby engages the professional services of the party of the second part and his band of --------- skilled musicians, with---------as the conductor of said band, for a period of ---------, beginning ---------, and ending and including ---------, to give and render two concerts daily during said period, one in the afternoon, and the other in the evening, at the---------, in the City of---------.
The party of the second part hereby agrees to furnish his above-mentioned organization, consisting of--------as leader and conductor and---------musicians; said band and conductor to be neatly uniformed; for the term above mentioned; and to furnish band parts, music, musical instruments, and transportation to and from the City of ---------, and all other expenses pertaining to said band, necessary to give the said concerts in a first-class and proper manner, for the following consideration: said compensation shall be payable weekly.
For each and every time during the period of this contract that party of the second part shall fail to give a concert, there shall be deducted from the amount to be received by party of the second part the sum of ---------.
.It is further agreed and understood that the time and duration of each of said concerts shall not be less than two and a half (2 1/2) hours, and shall include encores or "extras." and that said concerts shall be played by said band or musical organization in such places in said --------- as may from time to time, during the existence of this contract, be set aside, and designated by the party of the first part for that purpose.
Said afternoon concerts shall begin promptly at 2:30 o'clock P. M., and said evening concerts at 8:15 o'clock P. M. But the party of the first part may, at its option, after giving notice to the party of the second part, change the hours of beginning of the same; and the entire band shall be on the grounds and ready to perform fifteen (15) minutes previous to the time of beginning each concert.
It is further agreed that the party of the second part shall, at his own expense, furnish the usual quantity of lithographs, printed posters and other advertising material to properly advertise said concerts; the party of the first part agreeing to post said advertising material at its own expense.
It is further understood and agreed and this contract is made upon the express condition that as the --------- is a place of amusement and instruction in which the entire public of --------- is interested, and it is the desire of its management to avoid any friction which might arise from the employment of union and non-union musicians, the musicians employed by the party of the second part shall belong to the American Federation of Musicians, or allied to that body in such a manner as to avoid any objection by the Federation of Musicians to the party of the second part or any member of his said band fulfilling this contract; and in case the party of the second part, through himself or any member of his. band, or otherwise, violates this express condition, the party of the second part hereby agrees to pay to the party of the first part as liquidated, stipulated and agreed damages and in no wise as a penalty, the sum of One Thousand Dollars ($1,000.00). And in case this condition is violated as above set forth, the party of the first part may apply any moneys which it may have in its hands belonging to the party of the second part, toward the payment of said agreed damages, and may cancel this agreement as soon as it shall become known to it that any of its terms have been broken or violated.
The party of the second part further agrees that he will not, without the written consent of the party of the first part, endorsed on this contract, allow himself or his said band to play or be advertised to play at any other place of amusement or entertainment in the City of --------- or its vicinity during the present season, or prior to the fulfillment of this contract, or within four (4) weeks thereafter.
In witness whereof, etc.
See references under Sec. 3863.