HomeMy WebLinkAbout3JM 1710 General George Patton Drive,Suite 104 Brentwood,TN,37027 Contract# 23653
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goo Deposit:
GREG OLIVER AGENCY ARTIST AGREEMENT
Received:
This agreement("Agreement"),for the services(the"Concert")of 31M MUSIC LLC(DBA CARROLLTON)("Artist") Check#:
made and entered into on Thursday,November 17 2016 is between Artist and CITY OF JEFFERSONVILLE GOA:
("Promoter").It is mutually agreed between the above parties as follows:The Promoter requests from The Greg
Oliver Agency("Agent')and the Agent agrees to furnish the services of the Artist upon the conditions of this Escrow:
Agreement. i
ARTIST: 3JM Music LLC (DBA Carrollton)
DATE: Sunday,September 10 2017 VENUE: Jeffersonville RiverStage
MARKET: Louisville, KY 100 W Riverside Drive, Jeffersonville, IN
TIMES: TBD 47130, United States
PERFORMANCE: 30-40 min CAPACITY: 7000
FINANCIAL OFFER:
$1500.00 + Meals + Sound & Lights + Backline
DEPOSIT: $750.00 BALANCE' $750.00
PROVISIONS: SOUND: Promoter HOTELS: Artist
LIGHTS: Promoter MEALS: Promoter
TRAVEL: Artist BACKLINE; Promoter
GROUND: Artist
PROMOTER INFORMATION: CONTACT;INFORMATION:
CONTACT: Scott Shireman CONCERT INFO#:
ORGANIZATION: City of Jeffersonville NUMBERS: Mobile:(502)802-1648
ADDRESS: 1771 Summerlin Place,Jeffersonville, IN
47130
FAX:
WEBSITE: http://www.scottshireman.com EMAIL: scott@scottshireman.com
TICKETING: OTHER CONSIDERATIONS
FREE EVENT MERCH FEE: None
OTHER ACTS: TBD
RADIUS CLAUSE: None
GOA AGENT: Stephen Garrett
COMMENTS:
Carrollton for Rock on Water 2017. Lineup and performance time TBD. Unspoken to close. Promoter to provide family members with
access to backstage and green room.
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Promoter agrees that if the concert is canceled,the deposit will be forfeited or 50%of"the Fee"is due(whichever is greater).If the Concert is canceled within 90-31
days from the date of the Concert Date,half of the Balance of the fee is due to Artist.If the Concert is canceled within 30 days from the Concert Date,Promoter agrees
to pay the full Fee upon notice to Agent of such cancellation plus any incurred travel expenses,regardless of the cause of cancellation.
ADDITIONAL TERMS AND CONDITIONS CONTWYSID ON XT PAG
�In witness whereof,the parties hereto have executed this Agreement on the date indicated b o to be ective as he day an ar first above written
SEett shireman,City of Jeffersonville a L� t�jWl S Reprentati for A
Date: / 1-— ( 1 / C. Date: 1/24/2017
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ADDITIONAL TERMS AND CONDITIONS
1. The payment of the Deposit shall be in the form of credit card, cash or check made payable to Agent. In the event the check for the
Deposit is returned for insufficient funds,Agent shall have the right to terminate this Agreement or demand immediate payment in full of
the Fee. The payment of the Balance shall be in the form of credit card,cash,or check made payable to Artist. Promoter shall instruct the
venue box office personnel and any and all ticket agencies selling tickets for the Concert to pay to Agent, at Agent's request, any unpaid
balance of the Fee.
2. The Promoter agrees to furnish, at its own expense, all that is necessary for the proper presentation of the Concert, including,without
limitation, a suitable theater, church, hall or auditorium, well-heated, lighted, clean and in good order, and comply with all provisions of
that Artist's contract rider("the Contract Rider')which is attached, including without limitation,the provisions related to the sound system
and lighting.
3. The Promoter shall not broadcast,televise,or record, nor permit anyone in attendance to broadcast,televise,or record,any part of the
Concert without the prior express,written permission of the Artist.
4. Artist shall have the sole and exclusive right, but not the obligation, to sell products including but not limited to T-shirts, posters, hats,
audio and video recordings, etc., in connection with, and at, the Concert, and the receipts shall belong exclusively to the Artist. No
merchandise fees and/or commissions shall be paid to the venue or auditorium unless agreed to by the parties at the signing of this
Agreement. If this approval has not been obtained, then Promoter will be solely responsible for any and all merchandise fees and/or
commissions payable to the venue,auditorium or any other party.
5. The Promoter shall not have the right to assign this Agreement, or any of its provisions. Nothing in this Agreement shall ever be
understood as to constitute a partnership, or joint venture, or that Agent shall be liable in whole or in part for any obligation that may be
incurred by the Promoter in the Promoter's carrying out any of the provisions in this Agreement or otherwise. This Agreement,or any part
of Agent's rights herein under, may be assigned to any person, agent, or corporation which acquires all or substantially all of Agent's
assets or which is owned or controlled by Agent.
6. Agent's and Artist's obligation to perform hereunder shall be excused,and Promoter shall not have any claim for damages with respect
to the affected performances, if Artist's performance is rendered impossible or infeasible as the result of illness, death or injury to Artist,
accident, fire, riot or other civil disorder, strike, lockout, or other labor difficulties, an act, or order, rule or regulation, of any public
authority or court,act of God,absence of power or other essential services,failure of technical facilities and/or any cause beyond Agent's
and Artist's reasonable control. Provided that Artist is ready, willing and able to perform pursuant to the terms hereof, payment of any
guaranteed compensation hereunder shall be made to Agent notwithstanding that inclement weather may render a performance
impossible or infeasible. If the Concert cannot be performed due to an act by any government authority or any court, then Agent shall
have the right, in addition to any other rights or remedies available to Agent, to retain the sums theretofore paid to Agent by Promoter
pursuant to the provisions of the Agreement. In the event of cancellation by Artist due to illness,an unforeseen emergency, or overriding
obligation or professional responsibility,Agent or Artist shall not have any liability for expenses or losses incurred by Promoter. However,
Agent will use reasonable efforts to reschedule the Concert subject to Artist's availability and Promoter's approval not to be unreasonably
withheld, or provide a comparable artist, subject to Promoter's approval, not to be unreasonably withheld. If the Concert cannot be
rescheduled and a comparable artist is not available,any and all deposits will be refunded to Promoter.
7. Promoter agrees to maintain the absolute confidentiality of all the terms, conditions, and arrangements contained in this Agreement
and/or associated with this engagement.
8. If Promoter fails or refuses to comply with any of the material provisions contained in this Agreement, or if, at any time prior to or
during the actual performance of Artist, such technical equipment is otherwise than in perfect working condition, or if any performance of
Artist is rendered impossible or infeasible by any cause within Promoter's control or which Promoter, by the exercise of reasonable
diligence, could have avoided; then in any of such events, Agent, or Agent's or Artist's representative, in Agent's sole discretion, may
thereupon terminate the Agreement without liability of any kind to Promoter, neither Agent nor Artist shall have any further obligation to
perform the Agreement,Agent shall retain all amounts theretofore paid to Agent by Promoter, and Promoter shall remain liable to Agent
for any additional compensation herein provided. Nothing contained in this Agreement shall be deemed to limit any of Agent's and/or
Artist's remedies in the event of any breach by Promoter, including without limitation, checks returned for insufficient funds, of this
Agreement or failure or refusal by Promoter to perform any of its obligations under this Agreement.
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9. Promoter represents and warrants that it has the right to enter into and fully perform this Agreement, it is at the present time, or will
be,the owner or operator of, or has or will have a valid lease(executed in Promotei s name) upon,the place of performance on the dates
and at the times set forth in this Agreement, proof of which shall be given to Agent upon request and no provision contained in any
concert hall lease, which is inconsistent with any provision of this Agreement, shall,be binding upon Agent and/or Artist unless Promoter
advises Agent thereof in writing promptly after execution hereof and Agent consents in writing thereto. Promoter shall and does hereby
indemnify save and hold Agent and Artist harmless from any loss or damage, including without limitation. Reasonable attorneys' fees,
arising out of or in connection with any breach or default by Promoter hereunder or any claim against Agent by a third party which is
inconsistent with any of the warranties, representations and covenants or agreements made by Promoter in this Agreement. In the event
Agent incurs expenses, including without limitation, reasonable attorney's fees in order to enforce Agent's rights under this Agreement,
Promoter shall promptly, upon Agent's request,reimburse Agent the amount of sur;h expenses.
10.Any notices to either party under this Agreement shall be addressed to the other party at the address set forth on page 1 of this
Agreement, until either party shall give the other written notice of a new address. All notices shall be delivered by hand or served by
certified mail, return receipt requested,postage prepaid,addressed as aforesaid. The date of personal service or of depositing for mailing,
shall be deemed the date of service.
11.This Agreement constitutes the complete understanding between the parties with regard to the subject matter hereof and cannot be
modified except by a written instrument signed by both parties. Promoter acknowledges that the Contract Rider is a material part of this
Agreement. Any terms and conditions contained in the Contract Rider shall be deemed incorporated into and a binding part of this
Agreement. The waiver by either party of any breach of this Agreement in any one or more instances, shall in no way be construed as a
waiver of any subsequent breach of this Agreement(whether or not of a similar nature). If any part of this Agreement shall be held to be
void, invalid or unenforceable by a court of competent jurisdiction, it shall not affs�ct the validity of the balance of this Agreement. This
Agreement shall be interpreted according to the laws of the State of Tennessee without regard to conflict of law principles.The parties
agree that the State and Federal courts located in Davidson County, Tennessee shall be the sole venue and have sole jurisdiction for the
settlement of all disputes arising under this Agreement.
12.This Agreement may be executed simultaneously in two or more counterparts, each of which will be deemed an original, but all of
which together will constitute one and the same instrument. Any signed copy of this Agreement or of any other document or agreement
referred to herein,or copies or counterparts thereof,delivered by facsimile transmission or email, shall for all purposes be treated as if it
were delivered containing an original manual signature of the party whose signature appears in the facsimile or email and shall be binding
upon such party in the same manner as though an originally signed copy had been delivered.
"Promoter" "Agent"
City of Jeffersonville Greg Oli Agen , Inc. Q
By: Date: Z By: Date: 1/24/2017
An authorized signatory auth ized sign or ARTIST
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