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.
This contract made and entered into this---------day of---------, 19-, between the X. Y. Company, a corporation hereinafter called the Employers, of the first party, and A. B., hereinafter called the Artist, of the second party,
1. It is understood and contemplated by the parties hereto that performance under this contract shall embrace services and travel in and through the several and various States of the U. S. A. and the Dominion of Canada, the extent thereof now not being definitely ascertainable.
It is known and understood by the parties hereto that the laws of the said several States regarding the validity and interpretation of contract with releases of this nature lack uniformity, and that a few States have enacted Employers Liability Acts.
Now. therefore, acting in good faith and for the purpose of giving force and validity to this contract, and release in all its parts at all times and places, it is mutually agreed between the parties hereto that the place of this contract and release, its status or forum, is the District of Columbia, and in said District of Columbia or according to the laws thereof if construed or litigated elsewhere, shall all matters, whether sounding in contract or in tort, relating to its validity, construction and interpretation be determined to the same extent as if its execution, performance, or cause of action thereon or growing out of same, actually took place or arose in said District of Columbia.
2. The Artist hereby agrees faithfully and in the sense of making his act a success to render services to the Employers at all times and at such places in North America as the Employers may direct during the season of ---------.
3. This engagement is to begin on or about the ---------, 19-, the exact date to be fixed by the Employers, from which date the Artist shall be bound to perform all services hereunder that may be required by the Employers. Salary hereunder shall be reckoned only from the date of such first performance.
4. The said services, subject to the right of the Employers to require such change in the act as the standard and needs of the show require, shall in chief consist of ---------.
'5. The Artist shall render and perform his act or acts and services to the satisfaction of the Employers and by and with the identical persons or animals composing the troupe on the date upon which the Artist signs this agreement or agrees to this employment; and there shall be no persons substituted or changes made in the personnel of the troupe other than by the written request or agreement of the Employers.
6. The Artist is engaged exclusively by the Employers and during the period of this contract shall pot perform, either gratuitously or otherwise for any other person, firm or corporation without permission of the Employers first obtained in writing.
It is mutually understood that the services herein to be rendered are special; unique and extraordinary, and may not be replaced by the Employers, and it is agreed that in the event of a breach or violation of this contract by the Artist or in the event of his quitting the services of the Employers then that an injunction restraining the Artist from performing for any other person, firm or corporation for the unexpired season as fixed herein together with renewal period, may issue out of a court of competent jurisdiction, and that the Artist shall pay the Employers all costs and attorneys fees occasioned thereby.
7. The Artist further agrees that if at any time during the term of this contract his services herein shall not be performed to the satisfaction of the Employers or shall not conform to the class and standard promised and undertaken by the Artist, or for any breach or violation by the Artist of his covenants and obligations hereinunder, then the Employers at any time and place may release themselves from the terms of and terminate this instrument by giving one week's notice, and by payment of salary to date of cancellation only, it being understood that in the salary paid hereunder there is a particular allowance and consideration in support of this provision.
9. The Employers hereby agree to pay the Artist the sum of---------, payable weekly, for each week's work performed hereunder, and while exhibiting under canvas only, offer for the Artist's accommodation, board and the use and occupancy of their cars. In no case will salary be paid to or demanded by the Artist for any day when no services are rendered or for any performance omitted any day, either because of the Artist's non-performance or from any cause whatsoever. The Employers shall hold back one week's salary of the Artist as a guarantee of good faith.
Twelve performances shall constitute one week's work.
If in any week performances in excess of twelve shall be rendered by the Artist the same shall be paid for in proportion to the weekly salary herein agreed to be paid; but no charges shall be made or salary paid for rehearsals during or previous to this engagement.
10. The Artist agrees to participate in all entrees, spectacles, parades, attend any and all rehearsals whenever and wherever requested to be so by the Employers.
11. It is especially agreed that pet animals, firearms arid explosives shall neither be brought nor carried in or upon sleeping cars, and the Artist further recognizes that gambling, drunkenness, the use of profane, vulgar and abusive language, immoral, offensive or unlawful conduct are at all times and places absolutely prohibited, and the Artist agrees to abide by all the rules and regulations of and from time to time made by the Employers, which may in the Employers' judgment be deemed proper and necessary for the good government and conduct of their company and members thereof. The right of the Employers to dismiss the' Artist from service and terminate this contract for violation of any of said rules involving material detriment, annoyance or damage to the Employers is hereby recognized and accepted as a condition of employment under this contract for which in the salary paid special allowance and consideration is included.