[Dixielandjazz] WOULD YOU SIGN THIS CONTRACT ?

[Steve barbone]

Here's the latest in a series of Onerous Contract Provisions that Barbone
Street has come across recently. The word "Artist" refers to The Barbone
Street Jazz Band:

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SECTION THREE - INDEMNIFICATION

"The Artist agrees to indemnify, defend and save and hold harmless the
Township, its supervisors, officers, employees, volunteers and contractors,
from and against, and to reimburse the Township, its supervisors, officers,
employees, volunteers and contractors, with respect to any and all claims,
demands, causes of action, losses, damages, liabilities, costs and expenses,
including reasonable attorney's fees, asserted against or incurred by the
Township, its supervisors, officers, employees, volunteers and contractors,
arising out of, or resulting from or occurring in connection with, the
Artist's performance under this agreement, whether or not caused in part by
the active or passive negligence or other fault of a party indemnified
hereunder."
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We did not sign it. Their attorney would neither delete nor modify it and
gave me a five day ultimatum to sign or opt out of the performance. I
e-mailed an immediate go to hell response to their attorney, in a nice way
of course, with an explanation of why the provision is so onerous. :-) VBG.

And sent a very nice e-mail to the Park & Recreation folks who had booked us
4 years running that I regretted the inconvenience that our opting out would
cause for them. 

This is one of the most onerous contract provisions I have ever seen in both
my day gig life as a Lawyer and in my musical life. In effect it makes the
band responsible for defending the Township against any lawsuit that might
arise during the concert, whether or not the fault of the band and even if
caused by the negligence of the Township.

Cheers,
Steve Barbone