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AGREEMENT

AGREEMENT made as of November 5, 2019 by and between Faustino “Bojie” G. Dy III (“CLIENT”) with address
Isabela Provincial Capitol, Alibagu, Iligan City and PIOLO JOSE PASCUAL a.k.a PIOLO PASCUAL hereinafter referred to
as (“TALENT”), with address c/o Star Magic office, 11th Floor ELJ Communications Center, Eugenio Lopez Drive corner
Mother Ignacia Street, Quezon City, assisted by ABS-CBN CORPORATION, represented herein by MARIOLE R.
ALBERTO and JUAN L. MANAHAN (“Manager”).

IT IS AGREED AS FOLLOWS:

The Basic Terms and the Standard Terms and Conditions, and any attached Schedule, shall be referred to as the
“Agreement”. In case of conflict between the Basic Terms and the Standard Terms and Conditions and any attached
Schedule, the Basic Terms shall prevail.

BASIC TERMS

1. PROJECT/ SHOW : BAMBANTI FESTIVAL FINALE CONCERT

2. VENUE OF PROJECT/SHOW : ISABELA SPORTS COMPLEX ALIBAGU, ILAGAN CITY ISABELA

3. SCOPE OF SERVICES : FIVE (5) SONGS (MINUS 1)

4. PERFORMANCE SCHEDULE
(i) DATE OF PROJECT/SHOW : JANUARY 31, 2020 - FRIDAY
(ii) TIME : 8PM

FLIGHT DETAILS
JANUARY 31, 2020
10:30AM OR 11:00AM
MANILA TO ILIGAN CITY ISABELA

LAND TRAVEL
JANUARY 31, 2020
RIGHT AFTER THE SHOW
ILIGAN CITY ISABELA TO MANILA

OFFICIAL ENTOURAGE
Mr. Piolo Jose Pascual - Artist
Ms. Ma. Margareth Lim – Road Manager
Mr. Jerry Telan

5. TALENT FEE : NINE HUNDRED THOUSAND PESOS (PHP 900,000.00) NET OF 10%
WITHHOLDING TAX INCLUSIVE OF 12% VAT.

6. PAYMENT TERMS : 50% DOWNPAYMENT OR FOUR HUNDRED FIFTY THOUSAND PESOS


(PHP 450,000.00) NET OF 10% WITHHOLDING TAX INCLUSIVE OF
12% VAT UPON SIGNING OF THIS AGREEMENT.

50% FULL PAYMENT OR FOUR HUNDRED FIFTY THOUSAND PESOS


(PHP 450,000.00) NET OF 10% WITHHOLDING TAX INCLUSIVE OF
12% VAT ON OR BEFORE JANUARY 24, 2020

CASH OR DEPOSIT
***Payment is immediately due and without need for demand
Deposit Payment:
Account Name: Piolo Jose Pascual
Account Number: 5638000804
Bank: BDO
Email deposit slip at MAlim@abs-cbn.com

7. OTHER REQUIREMENTS :
A. Production, Sound and other Logistics:
(X) First-Class Audio Equipment (X) CD Player /USB (X) Microphone with reverb
(X) Script/Programme /Sequence guide/ Itinerary at least five (5) days before the Date of Project/Show
(X) Clean Standby Area (X) Clean well-lit Dressing Room or Private Room for Talent
(X) Meals of Talent’s Choice (X) Food and Drinks for Talent and Three (3) Companion/s
(X) Security -Four (4) security

A.1 SPECIAL PROVISION :


*Photo Opportunity after the performance spot with Piolo Pascual is limited to the organizers, Business Owners
and Clients of the family with maximum time of Twenty (20) to Thirty (30) minutes only.
*Photos/Pictures taken during the event shall not be used in any promotional or endorsement materials especially
in any Political campaign. Separate negotiations shall be discuss with the MANAGER
*There shall be no endorsement participation of any political candidates or party list on Talent’s scope of work in
this Agreement

B. Travel and Accident Insurance: P573.00 for insurance per head


Amount of Coverage for Talent: Two Million Five Hundred Thousand Pesos P 2,500,000.00
Amount of Coverage for Companion/s: Two Million Five Hundred Thousand Pesos P 2,500,000.00 each

C. Transportation and Accommodations


(X) Land transportation arrangements, consisting of Three (3) passengers
(X) Round-trip air transportation for Talent and Companion/s
(X) Air, land, sea transfers to and from airport, hotel and Venue of the Project/Show
(X) Three (3) Hotel room accommodations at 4 star hotel consisting of One (1) room for Piolo Pascual
(artist) , One (1) room for Road Manager , One (1) room for Jerry Telan.
(X) Php 3,000.00 Food Allowance during Land Travel

D. Appropriate Work Visas and/or Work Permits : N/A

8. TALENT’S EXISTING ENDORSEMENTS :


ABS-CBN Convergence products and services
ABS-CBN Digital media for interactive content
ABS-CBN Licensing products and services including merchandise of all kinds for the programs, movies, and other
entertainment activities produced by ABS-CBN featuring the services of TALENT
ABENSON electronic/ appliance store
AMAZING Organic Barley
ANDOK’S LITSON MANOK (Chicken Fast food, Quick Service Restaurant category)
ASAP Travel Agency
BDO remittance, savings, consumer lending products including Home Loan, Auto Loan, Credit cards.
Belo’s facial Skin Care and Non-surgical medical services
Cherry Mobile phones and gadgets
Dunkin Donuts, coffee, milk tea.
Dr. Steva mark Gan of GAOC
Essilor Optical
Figlia Uomo Shoes
Highlands corned beef and any canned meat products and frozen beef-based products
HYPE TRANSPORT SYSTEM, INC.
Living Water refill station and bottled water
Mega Sardines
Miguelito’s Ice Cream
Mober delivery
My Daily Collagen (anti-aging, any collagen-based products such as liquid and food supplements)
Natasha Apparel and direct selling business
Potato Giant/ Potato food cart
Plemex
Sunlife insurance, pre-need and mutual funds.
Turks Shawarma

STANDARD TERMS AND CONDITIONS

1. SERVICES
a. Producer engages Talent to perform the Services for the Project/Show, and Talent accepts the engagement to
perform the Services as detailed in the Scope of Services.
b. Talent shall perform the Services in a competent manner and to the best of Talent’s ability.

2. TALENT FEE
a. In consideration for the Services performed by Talent, Producer shall pay Talent the Talent Fee based on the
Payment Terms. Unless otherwise indicated in the Basic Terms, the Talent Fee shall be an amount which is net of
withholding or other taxes and any commissions due Manager.
b. Payment of the Talent Fee shall be in cash, cashier’s check, or by bank transfer to a designated account as may be
specified in the Basic Terms.

3. OTHER REQUIREMENTS
a. Producer shall be responsible and assume all costs for all production and sound requirements for the Project/Show;
provided however that Talent shall have the right to test the acceptability and suitability of sound, audio or video
equipment to be used by Producer for the Project/Show.
b. Producer shall be responsible for the Other Requirements stated in the Basic Terms. Unless otherwise indicated in
the Basic Terms, the Other Requirements shall include accommodations, appropriate meals and drinks, wardrobe
of Talent for the Project/Show, dressing room, security, appropriate travel and accident insurance coverage
(effective for all periods that Talent is performing the Services, including any and all travel time), appropriate
transportation, visa fees, travel and airport taxes, work permits and other fees and consents, if necessary, for
Talent and such number of Talent’s authorized companion/s as stated in the Basic Terms.

4. PERFORMANCE SCHEDULE
a. Talent shall perform the Services at the Venue and during the Performance Schedule specified in the Basic Terms.
Where Talent is a minor, the Performance Schedule shall take consideration of Talent’s schedule in school.
b. Should the Scope of Services include activities which have not been included in the Performance Schedule, the
times and dates of such other activities shall be arranged by Producer, Talent and Manager (“Other Schedules”).
c. If Talent is unable to comply with the Performance Schedule, or with the Other Schedules, Talent shall give Producer
advance notice through the fastest and most easily available means.

5. CANCELLATION OR POSTPONEMENT
a. In the event of cancellation or postponement of the Project/Show due to force majeure causes (such as social
unrest, war, sickness, extreme weather conditions, riots and civil disturbances), Producer, Talent and Manager shall
re-schedule the Date of the Project/Show on mutually convenient dates. All payments of Talent Fees so far made
by Producer shall apply for the re-scheduled Project/Show within thirty (30) days from the cancellation or
postponement of the Project/Show, or should it be impossible to re-stage the Project/Show, neither party being at
fault, all Talent Fees paid to Talent shall no longer be returned to Producer.

b. In the event of cancellation or postponement of the Project/Show or any part thereof for reasons other than force
majeure and not attributable to Talent, all payments so far made by Producer to Talent shall be retained by Talent,
and Producer shall in addition be liable to pay the Talent the full Talent Fee, as and by way of liquidated damages.
c. In the event of cancellation of the Project/Show or any part thereof for reasons attributable to Talent’s fault, and
not due to force majeure as stated in Paragraph 5 a, Talent shall be obliged to return all payments made by
Producer.

6. USE OF TALENT’S NAME AND LIKENESS


a. Producer shall have the non-exclusive and limited right to use Talent’s name, photograph, likeness, voice and/or
biographical material (“Talent’s Image’) for the purpose of promoting and advertising the Project/Show, which right
shall in no case extend beyond the Performance Schedule or Other Schedules.
b. Producer shall not solicit or secure any sponsor or presentor for the Project/Show which are in competition with
any product or service with which Talent has existing endorsement agreements, as enumerated in the Basic Terms
(“Talent’s Existing Endorsements”). Producer shall furnish Talent a written list of all sponsors and presentors for
the Project/Show. In no case shall: (i) Talent be obliged to acknowledge any sponsor or presentor during the
Project/Show without the written consent of Talent and Manager; (ii) Producer allow the use of Talent’s Image in
any promotional event or material where any of the products or services competitive with Talent’s Existing
Endorsements shall likewise be participating, nor the use of Talent’s Image in any promotional material which will
bear the name, logo or trademark of any product or service which competes with Talent’s Existing Endorsements.
c. This Agreement does not confer on Producer any right or authority to make and distribute to the public any audio-
video recording or fixation of Talent’s performance in the Project/Show, except that Producer may make and keep
an audiovisual or sound recording of Talent’s performance exclusively for archival, private and non-commercial
use. Producer shall take all security measures to ensure that any such audiovisual or sound recording of Talent’s
performance shall not be copied, distributed, reproduced, exhibited or exploited in any manner for any commercial
purpose. In no case may Producer use any photos of Talent taken during or in relation to the Project/Show for
any promotional, publicity, press release, testimonial or endorsement materials for any person, product or service.

7. WARRANTIES AND REPRESENTATIONS


a. Each party warrants and represents to the other that it has power and authority to enter into and perform this
Agreement.
b. In case of breach of any provision of this Agreement, the party in breach shall indemnify and hold the other free
and harmless from and against all claims that may arise by reason of the breaching party’s violation of warranties,
representations and obligations in this Agreement.

8. GENERAL PROVISIONS
a. Nothing in this Agreement shall be deemed to establish an employer-employee relationship between Talent and
Producer.
b. A waiver of any provision of this Agreement must be in writing and shall not be deemed a waiver of any preceding
or succeeding breach of the same or of a different nature.
c. If any provision of this Agreement is contrary to any applicable law or regulation, all other provisions of this
Agreement shall continue in full force and effect.
d. The validity, construction and performance of this Agreement is governed by the laws of the Republic of the
Philippines. Suit or arbitration with respect to this Agreement shall be brought exclusively in the courts of Quezon
City, Metro Manila, Philippines.
e. This Agreement constitutes the complete and final agreement between parties and supersedes any and all prior
agreements and negotiations between the parties concerning the subject matter of this Agreement.

Executed as of the date first above written.

FAUSTINO “BOJIE” G. DY III PIOLO JOSE PASCUAL a.k.a PIOLO PASCUAL


Vice Governor Talent

Assisted by;
ABS-CBN CORPORATION
Manager
By:
MARIOLE R. ALBERTO

JUAN L. MANAHAN

RICARDO TAN
ABS-CBN, Head Finance

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