Loading...
HomeMy WebLinkAbout100% POLY I PERFORMANCE AGREEMENT THIS PERFORMANCE AGREEMENT("Agreement")is entered into as of this 2 P,day of March,2017, 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. 1. SUMMARY OF LOCATION,DURATION, AND PERFORMANCE TERMS 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 11,2017 G. Sound System: Employer/SUP Date: D. Performance TBD H. Lighting: Employer/SUP Times: I. Stage: See Section 3(a) Additional Performance Terms: 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 Performance) B. Deposit due upon execution $500.00 F. Free Tickets/Guest List: ri/a of this Agreement C. Percentage of Ticket Sales: n/a G. Drinks/Supplies Allowance: See Section 3(0 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. 100% Employer Sig nature: For 100%Pol y R errtt'H. Eichenberger,Member Printed Name; Dater T Title:T�r eS� MR5713G7vI Date: 31 EXHIBIT A-TERMS AND CONDITIONS 1. Definitions: to, lost,stolen, or damaged Equipment that arises from or during the setup, a. 100%Poly has the meaning assigned to it in the Preamble. Performance, or breakdown Employer shall wholly reimburse 1001/a Poly b. Compensation means the full consideration owed to 100°/o Poly for the and/or its individual members for any bodily injury to members of 100%Poly Performance,however paid,as provided in Section 11. that arises from or during the Performance,setup,or breakdown. c. Deposit has the meaning assigned to it in Section ll-B. 10. Cancellation. d. Employer has the meaning assigned to it in Section I-A. a Breach of the agreement 100%Poly may cancel the Performance for any e. Equipment means any musical instruments, sound equipment, lighting Employer breach of this Agreement and shall be entitled to receive full equipment,or any other tangible good that is provided by 100%Poly for the Compensation as if the Performance had occurred. Performance. b Cancellation by 100%Poly. If 1001/9 Poly cancels the Performance at any f Gross Ticket Sales means the total number of tickets sold or distributed by time for any reason its only penalty shall be to forfeit the Compensation, Employer for the Performance. including the Deposit,provided-however,that if 100%Poly cancels on the g Guaranteed Payment has the meaning assigned to it in Section II-A. day of the Performance due to a safety hazard to its members or its h. Merchandise means any compact discs,digital video disc,clothing,apparel, Equipment, including, for example, inclement weather or dangerous or any other tangible good that bears the name and/or likeness of 100%Poly. conditions,it shall be entitled to receive the lesser o (i)seventy-five percent i. Performance has the meaning assigned to it in the Preamble and Section 1 (751/.)of the total Compensation or(ii)$2,000.00,in either case credit being j Performance Rights Organizations means the organizations that collect given for the Deposit if already paid. copyright royalties,including ASCAP,BMI,and SESAC. c. Cancellation by Employer more than 60 days prior to Performance. If k.Sound Check means an uninterrupted use of the Stage for rehearsal purposes Employer cancels more than sixty(60)days prior to the Performance, 100% after 1000%Poly has fully set up its Equipment. Poly shall reftatd half the Deposit and keep half the Deposit as liquidated 1. Stage has the meaning assigned to it in Section 3(a). damages. 2. Compensation. d Cancellation by Employer up to day of Performance. If Employer cancels a. Regardless of the form of Compensation,Employer shall pay 100%Poly the between sixty (60) days of the Performance and the day prior to the Deposit upon execution of this Agreement. Performance.1001/6 Poly shall keep all of the Deposit as liquidated damages. b. If the Compensation will be paid by Guaranteed Payment,Employer shall pay e. Cancellation by Employer on day of Performance. If Employer cancels on the remainder of the Compensation immediately prior to the Performance. the day of Performance, Employer shall pay 100% Poly the lesser of(i) 100%Poly may cancel the Performance if the Compensation is not paid in seventy-five percent(75%)of the total Compensation or(ii)$2,000.00,in full at the time of Performance. either case credit being given for Deposit if already paid. e. If the Compensation of the Performance will be by percentage of ticket sales 11. Indemnification. or door pursuant to Section 11-C or II-D,then the following provisions will a. Third Parties. Employer shall indemnify and defend 1000/o Poly and its apply. members for any and all damages,liabilities,losses,costs,penalties,fines, i. If 100% Poly so requests, Employer shall provide written and the like resulting from any and all actions, claims,demands, or suits documentation of the number of tickets sold, patrons admitted, and brought by third parties arising out of or relating to the Performance. These receipts for any expenses claimed;and actions shall include, but not be limited to, intellectual property claims, ii. Employer shall compensate 100%Poly based on Gross Ticket Sales or contract claims,and tort claims,unless directly caused by 1000/6 Poly. total patrons admitted within two (2) business days following the b. Copyright Royalties. Employer acknowledges that certain copyright Performance. royalties may be owed to one or more Performance Rights Organizations due 3. Technical Requirements. to the Performance or the possible performance of cover songs. Employer, a.Stage. Employer shall provide a performing space or stage(the"Stage"), and not 1001/6 Poly, shall be solely responsible for obtaining all copyright under cover or shelter,adequate to accommodate 1001/6 Poly,but in no event performance licenses and for the payment and maintenance of all fees, smaller than 12 feet deep by 16 feet across. royalties,and penalties which arc due or which may become due as a result of b Facilities. Employer shall provide a minimum of three 20-amp circuits or in relation to this Performance. Employer explicitly hereby fully accessible from within 25 feet of the Stage. indemnifies and holds harmless 1000%Poly and its members from any such c.Setup. Employer shall allow 100%Poly adequate time to set tip for the liabilities. Performance according to Section I-E. c. Graphics. To the extent that any pictures, videos, video clips, images, d Security. Employer shall provide a safe environment at the Performance to marks, trademarks, slogans, or other material that may be trademarked, protect 10016 Poly from the audience,employees and guests of Employer, copyrighted,or subject to rights of privacy of or by third parties are used sabotage,and/or flying objects. during or as part of the Performance,Employer shall fully indemnify,defend, e.Sound Check Employer shall allow 100%Poly to perform a Sound Check and hold harmless 1001/v Poly for the use, display, depiction, and prior to the Performance sufficient to enable 100% Poly to verify the reproduction thereof pursuaru to Section I I(a). Equipment and Facilities are fully functional. 12. Miscellaneous. f. Water. Employer shall provide cold water at no charge on demand to the a. Merger. This Agreement is binding upon and inures to the benefit of both members of 1001/*Poly, parties and their executors,administrators,and assigns,and constitutes the 4 Set. Unless otherwise agreed to and set forth Section 1,the length of each set entire agreement between the parties and supersedes all prior agreements and will be no shorter than thirty minutes and no longer than ninety minutes and understandings,both written and oral,between the parties with respect to the breaks between sets will be no shorter than twenty minutes. Performance. 5 Substitution. 1001/.Poly reserves the right to substitute members within the b. Amendments.This agreement may be amended only by a Witten instrument group at its discretion, executed by both parties. 6 Copyright 11X11/.Poly owns and expressly reserves all copyright rights in the c. Governing Law and Forum Choice. This Agreement shall be governed by Performance. Employer shall not record or othenwise fix the Performance in and construed in accordance with the laws of the state of Indiana,regardless any medium, including, but not limited to, audio or visual fixation, without of the laws that might otherwise govern under applicable conflicts of laws 1000/. Poly's express written consent. Further, Employer shall not sell, principles. All claims arising under or relating to this Agreement,including broadcast,or distribute any fixation of the Performance without 100% Poly's torts,are to be adjudicated in the state court residing in New Albany,Indiana. express written consent. d. Limitation of Liability. 1000/a Poly shall not be responsible for any direct, 7. Merchandise. i00% Poly may sell or distribute Merchandise at the special, consequential, or punitive damages of any kind for any reason Performance. Employer shall not receive any portion from the sale of suffered by any entity. The sole remedy against 1005/a Poly for any cause of Merchandise. Employer shall not sell or distribute Merchandise wilhoul 1004/6 action, and the absolute limit on damages of any kind, including due to Poly's express written consent cancellation by 1009/6 Poly,shall be forfeiture of the Compensation. 8. Promotion. Employer shall be solely responsible for all matters pertaining to a Notice. Each party shall provide notices and other communications under the promotion and production of the Performance including,but not limited to, this Agreement in writing and shall deliver the notices or other venue rentals, security, and advertising Employer agrees to use reasonable communications to the following respective addresses: efforts to promote the Performance through its usual course of promotion and i. If to 1001/a Poly,to Robert Eichenberger,Middleton Reutlinger,401 advertising efforts. Employer shall not use 100%Poly's name or likeness in any South 4'Street,Suite 2600,Louisvil le,Kentucky 40202. promotional material without 10 /,Poly's express written consent. Employer ii. If to Employer,to the Address listed in Section I-A of this Agreement. shall not commit 100%Poly to any media appearances,including but not limited 13. Severability. If any provision of this Agreement is illegal at unenforceable, to,radio,television or billboards,without to(M.Poly's express written consent. that provision is severed from this Agreement and the other provisions of this 9. Insurance. Employer represents and warrants that 100%Poly,its Perfonnance Agreement remain in effect so long as the essential provisions of this and its Equipment, is wholly covered under Employer's liability insurance Agreement for each party remain valid,binding,and enforceable. coverage. Employer shall wholly reimburse 1001/.Poly and/or its individual members for any damage to 1001/o Poly's Equipment,including,but not limited PERFORMANCE AGREEMENT THIS PERFORMANCE AGREEMENT("Agreement")is entered into as of this 21St day of March,2017, 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 TERMS 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 11,2017 G. Sound System: Employer/SUP Date: D. Performance TBD H. Lighting: Employer/SUP Times: I. Stage: See Section 3(a) Additional Performance Terms: 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 Performance) 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. 100%Poly Employer Signature: For 100%Poly by Robert H.Eichenberger,Member Printed Name: Date: Title:—f t-cs, LA MR 571367v1 Date: �,T 7- EXHIBIT A-TERMS AND CONDITIONS 1. Definitions: to, lost, stolen, or damaged Equipment that arises from or during the setup, a. 100%Poly has the meaning assigned to it in the Preamble. Performance, or breakdown. Employer shall wholly reimburse 100% Poly b. Compensation means the full consideration owed to 100% Poly for the and/or its individual members for any bodily injury to members of 100%Poly Performance,however paid,as provided in Section II. that arises from or during the Performance,setup,or breakdown. c. Deposit has the meaning assigned to it in Section H-B. 10. Cancellation. d. Employer has the meaning assigned to it in Section I-A. a. Breach of the Agreement. 100%Poly may cancel the Performance for any e. Equipment means any musical instruments, sound equipment, lighting Employer breach of this Agreement and shall be entitled to receive full equipment,or any other tangible good that is provided by 100%Poly for the Compensation as if the Performance had occurred. Performance. b. Cancellation by 100%Poly. If 100%Poly cancels the Performance at any f. Gross Ticket Sales means the total number of tickets sold or distributed by time for any reason its only penalty shall be to forfeit the Compensation, Employer for the Performance. including the Deposit;provided,however,that if 100%Poly cancels on the g. Guaranteed Payment has the meaning assigned to it in Section II-A. day of the Performance due to a safety hazard to its members or its h. Merchandise means any compact discs,digital video disc,clothing,apparel, Equipment, including, for example, inclement weather or dangerous or any other tangible good that bears the name and/or likeness of 100%Poly. conditions,it shall be entitled to receive the lesser of(i)seventy-five percent i. Performance has the meaning assigned to it in the Preamble and Section I. (75%)of the total Compensation or(ii)$2,000.00,in either case credit being j. Performance Rights Organizations means the organizations that collect given for the Deposit if already paid. copyright royalties,including ASCAP,BMI,and SESAC. c. Cancellation by Employer more than 60 days prior to Performance. If k. Sound Check means an uninterrupted use of the Stage for rehearsal purposes Employer cancels more than sixty(60)days prior to the Performance, 100% after 100%Poly has fully set up its Equipment. Poly shall refund half the Deposit and keep half the Deposit as liquidated 1. Stage has the meaning assigned to it in Section 3(a). damages. 2. Compensation. d. Cancellation by Employer up to day of Performance. If Employer cancels a. Regardless of the form of Compensation,Employer shall pay 100%Poly the between sixty (60) days of the Performance and the day prior to the Deposit upon execution of this Agreement. Performance,100%Poly shall keep all of the Deposit as liquidated damages. b. If the Compensation will be paid by Guaranteed Payment,Employer shall pay e. Cancellation by Employer on day of Performance. If Employer cancels on the remainder of the Compensation immediately prior to the Performance. the day of Performance, Employer shall pay 100% Poly the lesser of(i) 100%Poly may cancel the Performance if the Compensation is not paid in seventy-five percent(75%)of the total Compensation or(ii)$2,000.00, in full at the time of Performance. either case credit being given for Deposit if already paid. c. If the Compensation of the Performance will be by percentage of ticket sales 11. Indemnification. or door pursuant to Section II-C or II-D,then the following provisions will a. Third Parties. Employer shall indemnify and defend 100%Poly and its apply: members for any and all damages,liabilities, losses,costs,penalties,fines, i. If 100% Poly so requests, Employer shall provide written and the like resulting from any and all actions, claims, demands, or suits documentation of the number of tickets sold, patrons admitted, and brought by third parties arising out of or relating to the Performance. These receipts for any expenses claimed;and actions shall include, but not be limited to, intellectual property claims, ii. Employer shall compensate 100%Poly based on Gross Ticket Sales or contract claims,and tort claims,unless directly caused by 100%Poly. total patrons admitted within two (2) business days following the b. Copyright Royalties. Employer acknowledges that certain copyright Performance. royalties may be owed to one or more Performance Rights Organizations due 3. Technical Requirements. to the Performance or the possible performance of cover songs. Employer, a.Stage. Employer shall provide a performing space or stage(the"Stage"), and not 100%Poly, shall be solely responsible for obtaining all copyright under cover or shelter,adequate to accommodate 1001/o Poly,but in no event performance licenses and for the payment and maintenance of all fees, smaller than 12 feet deep by 16 feet across. royalties,and penalties which are due or which may become due as a result of b.Facilities. Employer shall provide a minimum of three 20-amp circuits or in relation to this Performance. Employer explicitly hereby fully accessible from within 25 feet of the Stage. indemnifies and holds harmless 100%Poly and its members from any such c.Setup. Employer shall allow 100% Poly adequate time to set up for the liabilities. Performance according to Section I-E. c. Graphics. To the extent that any pictures, videos, video clips, images, d.Security. Employer shall provide a safe environment at the Performance to marks, trademarks, slogans, or other material that may be trademarked, protect 100%Poly from the audience,employees and guests of Employer, copyrighted, or subject to rights of privacy of or by third parties are used sabotage,and/or flying objects. during or as part of the Performance,Employer shall fully indemnify,defend, e.Sound Check Employer shall allow 100%Poly to perform a Sound Check and hold harmless 100% Poly for the use, display, depiction, and prior to the Performance sufficient to enable 100% Poly to verify the reproduction thereof pursuant to Section I I(a). Equipment and Facilities are fully functional. 12. Miscellaneous. f. Water. Employer shall provide cold water at no charge on demand to the a. Merger. This Agreement is binding upon and inures to the benefit of both members of 100%Poly. parties and their executors, administrators, and assigns, and constitutes the 4. Set. Unless otherwise agreed to and set forth Section I,the length of each set entire agreement between the parties and supersedes all prior agreements and will be no shorter than thirty minutes and no longer than ninety minutes and understandings,both written and oral,between the parties with respect to the breaks between sets will be no shorter than twenty minutes. Performance. 5. Substitution. 100%Poly reserves the right to substitute members within the b. Amendments. This agreement may be amended only by a written instrument group at its discretion. executed by both parties. 6. Copyright. 100%Poly owns and expressly reserves all copyright rights in the c. Governing Law and Forum Choice. This Agreement shall be governed by Performance. Employer shall not record or otherwise fix the Performance in and construed in accordance with the laws of the state of Indiana,regardless any medium, including, but not limited to, audio or visual fixation, without of the laws that might otherwise govern under applicable conflicts of laws 100% Poly's express written consent. Further, Employer shall not sell, principles. All claims arising under or relating to this Agreement,including broadcast, or distribute any fixation of the Performance without 100%Poly's torts,are to be adjudicated in the state court residing in New Albany,Indiana. express written consent. d. Limitation of Liability. 100%Poly shall not be responsible for any direct, 7. Merchandise. 100% Poly may sell or distribute Merchandise at the special, consequential, or punitive damages of any kind for any reason Performance. Employer shall not receive any portion from the sale of suffered by any entity. The sole remedy against 100%Poly for any cause of Merchandise. Employer shall not sell or distribute Merchandise without 100% action, and the absolute limit on damages of any kind, including due to Poly's express written consent. cancellation by 100%Poly,shall be forfeiture of the Compensation. 8. Promotion. Employer shall be solely responsible for all matters pertaining to e. Notice. Each party shall provide notices and other communications under the promotion and production of the Performance including,but not limited to, this Agreement in writing and shall deliver the notices or other venue rentals, security, and advertising. Employer agrees to use reasonable communications to the following respective addresses: efforts to promote the Performance through its usual course of promotion and i. If to 100%Poly,to Robert Eichenberger,Middleton Reutlinger,401 advertising efforts. Employer shall not use 1001/o Poly's name or likeness in any South 41"Street,Suite 2600,Louisville,Kentucky 40202. promotional material without 100%Poly's express written consent. Employer ii. If to Employer,to the Address listed in Section I-A of this Agreement. shall not commit 1001/6 Poly to any media appearances,including but not limited 13. Severability. If any provision of this Agreement is illegal or unenforceable, to,radio,television or billboards,without 100%Poly's express written consent. that provision is severed from this Agreement and the other provisions of this 9. Insurance. Employer represents and warrants that 100%Poly,its Performance Agreement remain in effect so long as the essential provisions of this and its Equipment, is wholly covered under Employer's liability insurance Agreement for each party remain valid,binding,and enforceable. coverage. Employer shall wholly reimburse 100% Poly and/or its individual members for any damage to 100%Poly's Equipment,including,but not limited