Loading...
HomeMy WebLinkAbout100%POLY PERFORMANCE AGREEMENT THIS PERFORMANCE AGREEMENT("Agreement")is entered into as of this 20"'day of June,2016, between the disco/funk/retro musical group known as 100%Poly and its members (collectively,"100%Poly")and the employer listed below("Employer"). 100%Poly agrees to provide certain live musical performance services at the performance and at the times listed below(the"Performance")for Employer,and Employer agrees to accept and pay for the Performance, under the terms and conditions set forth in this Agreement,which specifically includes the terms and conditions set forth on the attached Exhibit A—Terms and Conditions. I. SUMMARY OF LOCATION,DURATION,AND PERFORMANCE TERI-VIS A. Employer: Jeff Riverstage E. Setup Times: 5:00 p.m.Day of Performance B. Performance Jeff Riverstage F. Breakdown Times: Immediately after Site: Performance C. Performance August 12,2016 G. Sound System: Employer/SUP Date: D. Performance TBD H. Lighting: Employer/SUP Times: I. Stage: See Section 3(a) Additional Performance Terns: Employer to provide access to Site and sound technicians in sufficient time prior to Performance to allow 100% Poly to set up and sound check. 100% Poly headlining event; exact times TBD. 100% Poly may have special guest musicians that require additional microphones (TBD). II. SUMMARY OF PAYMENT TERMS A. Guaranteed Payment: $1,200.00 E. Hybrid Payment: n/a (Payment in Full Due Immediately Prior to the Perfonnance) B. Deposit due upon execution $500.00 F. Free Tickets/Guest List: n/a of this Agreement C. Percentage of Ticket Sales: n/a G. Drinks/Supplies Allowance: See Section 3(f) D. Percentage of Door: n/a H. Hotel/Travel Allowance: n/a Additional Payment Terms: Deposit due on signing; Balance due immediately prior to Performance IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed on the dates set forth under their respective signatures,effective as of the date first written above. 10 0 / Emp�a Signature: c For 100%Poly by-Robrt ichenberger,Member Printed Name: , li(- j�0 Date: Ll ���7 Title: + C MR 368029v 1 Date:---b EXHIBIT A—TERMS AND CONDITIONS L Definitions: 9. Insurance. Employer acknowledges that 100%Poly,its Performance and a. 100%Poly has the meaning assigned to it in the Preamble. its Equipment, is wholly covered under Employer's liability insurance b. Compensation means the full consideration owed to 100%Poly for the coverage. Employer shall wholly reimburse 1001/6 Poly and/or its individual Performance,however paid,as provided in Section 11. members for any damage to 100%Poly's Equipment, including, but not c. Deposit has the meaning assigned to it in Section II-B. limited to,lost,stolen,or damaged Equipment that arises from or during the d. Employer has the meaning assigned to it in Section I-A. Setup,Performance,or Breakdown. Employer shall wholly reimburse 100% e. Equipment means any musical instruments,sound equipment,lighting Poly and/or its individual members for any bodily injury to members of equipment,or any other tangible good that is provided by 100%Poly for 100%Poly that arises from or during the Performance. the Performance. 10. Cancellation. f. Gross Ticket Sales means the total number of tickets sold or distributed a. Breach of the agreement. 100%Poly may cancel the Performance for by Employer for the Performance. any Employer breach of this Agreement and shall be entitled to receive g. Guaranteed Payment has the meaning assigned to it in Section II-A. full Compensation as if the Performance had occurred. h. Merchandise means any compact discs, digital video disc, clothing, b. Cancellation by 100%Poly. U 100%Poly cancels the Performance at apparel,or any other tangible good that bears the name and/or likeness any time for any reason its only penalty shall be to forfeit the of 100%Poly, Compensation,including the Deposit;provided-however,that if 100% i. Performance has the meaning assigned to it in the Preamble and Poly cancels on the day of the Performance due to a safety hazard to its Section 1. members or its Equipment,including,for example, inclement ueather j. Performance Rights Organizations means the organizations that or dangerous conditions,it shall be entitled to receive the lesser o (i) collect copyright royalties,namely ASCAP,BMI,and SESAC_ seventy-five percent(75%)of the total Compensation or(ii)$2,000.00, k. Sound Check means an uninterrupted use of the Stage for rehearsal in either case credit being given for the Deposit if already paid. purposes after 100%Poly has fully set up its Equipment. c. Cancellation by Employer more than 60 days prior to Performance. I_ Stage has the meaning assigned to it in Section 3(a). If Employer cancels more than sixty(60)days prior to the Performance, 2, Compensation. 100%Poly shall refund half the Deposit and keep half the Deposit as a. Regardless of the form of Compensation,Employer shall pay 100%Poly liquidated damages. the Deposit upon execution of this Agreement. d. Cancellation by Employer up to day of Performance. If Employer b. If the Compensation will be paid by Guaranteed Payment, Employer cancels between sixty(60)days of the Performance and the day prior to shall pay the remainder of the Compensation immediately prior to the the Performance, 100%Poly shall keep all of the Deposit as liquidated Performance. 100% Poly may cancel the Performance if the damages. Compensation is not paid in full at the time of Performance. e. Cancellation by Employer on day of Performance. If Employer c. If the Compensation of the Performance will be by percentage of ticket cancels on the day of Performance,Employer shall pay 1001/4 Poly the sales or door pursuant to Section 1I-C or II-D, then the following lesser of(i)seventy-five percent(75%)of the total Compensation or(ii) provisions will apply: $2,000.00,in either case credit being given for Deposit if already paid. i. If 100% Poly so requests, Employer shall provide written 11. Indemnification. documentation of the number of tickets sold,patrons admitted, a. Third Parties. Employer shall indemnify and defend 100%Poly and and receipts for any expenses claimed;and its members for any and all actions,claims,demands,and suits brought ii. Employer shalt compensate 100%Poly based on Gross Ticket by third parties arising out of or relating to the Performance. These Sales or total patrons admitted within two (2) business days actions shall include,but not be limited to,intellectual property claims, following the Performance. contract claims,and tort claims. 3. Technical Requirements. b. Copyright Royalties. Employer acknowledges that certain Copyright a. Stage. Employer shall provide a performing space or stage (the royalties may be owed to one or more Performance Rights "Stage"),tinder cover or shelter,adequate to accommodate 100%Poly, Organizations due to the Performance. Employer shall be solely but in no event smaller than 12 feet deep by 16 feet across. responsible for all copyright performance licenses and for the payment b. Facilities. Employer shall provide a minimum of three 20-amp circuits and maintenance of all fees,royalties,and penalties which are due or accessible from within 25 feet of the Stage. which may become due as a result of or in relation to this Performance. c. Setup. Employer shall allow 100%Poly adequate time to set up for the Employer explicitly hereby fully indemnifies and holds harmless 100% Performance according to Section I-E. Poly and its members from any such liabilities. d. Security. Employer shall provide a safe environment at the 12. Miscellaneous. Performance to protect 100%Poly from the audience,employees and a. Merger. This Agreement is binding upon and inures to the benefit of guests of Employer,sabotage,and/or flying objects. both parties and their executors, administrators, and assigns, and e. Sound Check Employer shall allow 100%Poly to perform a Sound constitutes the entire agreement between the parties and supersedes all Check prior to the Performance sufficient to enable 100%Poly to verify prior agreements and understandings,both written and oral,between the the Equipment and Facilities are filly functional. parties with respect to the Performance. f. Nater. Employer shall provide cold water at no charge on demand to b. Amendments. This agreement may be amended only by a written the members of 100%Poly. instrument executed by both parties. 4. Set. Unless otherwise agreed to and set forth Section I,the length of each c. Governing Law and Forum Choice. This Agreement shall be set will be no shorter than thirty minutes and no longer than ninety minutes governed by and construed in accordance with the laws of the state of and breaks between sets will be no shorter than twenty minutes. Indiana, regardless of the laws that might otherwise govern under 5. Substitution. 1001/o Poly reserves the right to substitute members within applicable conflicts of laws principles. All claims arising under or the group at its discretion. relating to this Agreement,including torts,are to be adjudicated in the 6. Copyright. 100% Poly expressly reserves all copyright rights in the state court residing in New Albany,Indiana. Performance. Employer shall not record or otherwise fixate the d. Limitation of Liability. 100%Poly shall not be responsible for any Performance in any medium,including,but not limited to,audio or visual direct, special,or consequential damages of any kind for any reason fixation,without 100%Poly's express written consent Father,Employer suffered by any entity. The sole remedy against 1001/a Poly for any shall not sell, broadcast, or distribute any fixation of the Performance cause of action,and the absolute limit on damages of any kind,including without 100%Poly's express written consent. due to cancellation by 100% Poly, shall be forfeiture of the 7. Merchandise. 100% Poly may sell or distribute Merchandise at the Compensation. Performance. Employer shall not receive any portion from the sale of e. Notice. Each party shall provide notices and other communications Merchandise. Employer shall not sell or distribute Merchandise without under this Agreement in writing and shall deliver the notices or other 100%Poly's express written consent. communications to the following respective addresses: 8. Promotion. Employer shall be solely responsible for all matters pertaining i. If to 100% Poly, to Robert Eichenberger, Middleton to the promotion and production of the Performance including, but not Reulinger, 2500 Brown & Williamson Tower, Louisville, limited to,venue rentals,security,and advertising. Employer agrees to use Kentucky 40202. reasonable efforts to promote the Performance through its usual course of ii. If to Employer, to the Address listed in Section 1-A of this promotion and advertising efforts. Employer shall not use 100% Poly's Agreement. name or likeness in any promotional material without 100%Poly's express f Severability. If any provision of this Agreement is illegal or written consent. Employer shall not commit 100% Poly to any media unenforceable,that provision is severed from this Agreement and the appearances, including but not limited to, radio, television or billboards, other provisions of this provision remain in effect, if the essential without 100%Poly's express written consent. provisions of this Agreement for each party remain valid,binding,and enforceable.