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It is 2015. Some two years have passed since you drafted the Band Logo Purchase Agreement for One Art. We find that One Art is finally getting some much deserved recognition on the experimental rock scene, in part because it now features former tattoo artist and logo designer Vincent Van Logo on the electric bagpipes.

In fact, Sylvia P. Hughes, owner of The Bell Jar Bar, Inc. has taken notice and wants to book the band for an extended engagement. The Bell Jar Bar is a well-known launching pad for new talent located at 2800 Ariel Lane, Chicago, Illinois 61234.

For this assignment, you will represent Ms. Hughes. You will draft a Band Performance Agreement for her review, along with a letter to her highlighting any unresolved issues. (While you may insert placeholder language in the contract for outstanding unresolved issues, your Agreement should be otherwise complete.)

You will find the terms of the deal in a Memorandum from Ms. Hughes to Senior Partner Hermione Melville posted in the Blackboard Folder for this Assignment. Please use the template provided for Assignment 1 to format your contract.

You will also find sample contracts and an article that you may review for ideas on how to address music industry performance issues posted in a form file on Blackboard. Remember, though, that you should not rely blindly on any form. Tailor your language to your specific facts, keeping in mind the lessons you have learned in this class.

Note: As part of this assignment, you will complete an in-class exercise next week addressing the general (boiler-plate) provisions for this contract. Please be sure to bring your computers.

Please consult your class syllabus for the due date for the Band Performance Agreement and accompanying letter, and make sure you understand how you should submit your assignment.

Please draft the Band Performance Agreement following these steps:

· Use the Class Template available on Blackboard. (You may use the Agreements in the Form File posted on Blackboard. Always remember, though, that a form has its limits! You may refer to it for format, tone, and general concepts, but your contract must be shaped by the details and requirements of your transaction.)

· Begin by putting together the frame of the puzzle—Title, Preamble, Background, Words of Agreement, Definitions, and Signature Lines. In this instance, you will want to provide a signature line for both general partners of One Art Partnership. Remember that you may return to these sections, especially Definitions, more than once during the drafting process.

· Once you have your frame, you can turn to your substantive provisions. For this contract, your order of provisions might look something like this:

· Services and Fees

· Term or Performance Dates

· Merchandise Sales

· Publicity

· Other Provisions

· “Other Provisions” is a place holder for any provisions you may need that do not fit under one of the listed categories.

· These provisions should be grouped topically if possible and given appropriate headings.

· Dispute Resolution

· Termination & Remedies

· General Provisions

Once you are satisfied with your substantive provisions, review your document for clarity and consistency. The find/replace function is helpful here. Completing the following checklist will help you with this task:

· Have I considered which sections of the contract should survive beyond the contract and have I identified them in the Survivability section?

· Does the order of the contract provisions help the reader to understand the transaction or should anything be moved?

· On final review, can I revise the Background section to better capture the essence of the transaction?

· On final review, can I revise my Headings to be more helpful to the reader?

· Are there any sections of dense prose that I can redraft or reorganize for the benefit of the reader?

· Have I consistently referred to the Parties by their designated names?

· Do the full party names in the Preamble match the full party names above the Signature Lines?

· Do the addresses in the Preamble match the addresses in the Notice section?

· Does the Preamble date reflect the date the contract is signed? If the effective date is different from this date, have I made that clear?

· Do I use the defined terms consistently and in all cases where the terms apply?

· Are the defined terms capitalized throughout?

· Can I eliminate any defined term that I do not use or use only once?

· Do I need additional defined terms to help streamline the contract?

· Have I included a cross-reference to any in-text definitions in the Definitions section?

· Are my definitions in alphabetical order?

· Is each and every cross-reference correct?

Your final step before submission is to proof your document. Get in the habit of paying attention to detail; to do otherwise is to give away points in school and credibility in the real world. In addition to carefully checking your spelling and grammar, also consider the following:

· Have I omitted any words, particularly articles like a, an, or the? (Spell check will usually identify any duplicated words.)

· Is my numbering scheme in order and parallel?

· Is my font choice, size and style consistent/parallel?

· Is my spacing consistent/parallel?