Loading...
HomeMy WebLinkAboutWME & RODNEY ATKINS RODNEY ##* fit •`# OOP U) 41/4. Contract Rider This rider is attached to,and a material clause to the contra9t d to 2 . 1• 17 Between Big R Inc.f/s/o RODNEY ATKINS(herein,Artist)and j� 04 JO-i¢ Iuri;L5 (herein, Buyer)for the performance on lc•• 2 3-1% in tie{ 1 ti I1 les i r4 Management Hill Entertainment Group 2200 21st Ave South,Ste 401 Nashville,TN 37203 I(615)730-9151 Greg Hill grec hillentgropp.com Kathryn Woodard kathrvnC3hillentoroup.com Business Manager Smith Wiles&Co 900 Division St. Nashville,TN 37203 Dwight Wiles J(615)242-2727 Booking Agent WME Nashville Jay Williams -(615)963-3357 ,lowCcs wmeente ria inmon t,com Lane Wilson—(615)963-3308 LWiiwmeentertainment.com Publicist Essential Broadcast Media Eble McFarland-615-327-3259 ebie.mcfa rland(atgmali.conl Tour Manager Andrew DeGolyer—(626)536-9009 Andrew@relay-prod.com Production Manager Jeff Hawkins—(615)691-1433 Jhawknz(d)gmall.com Updated:2/20/2018 Initats Purchaser's initials at bottom of each page indicate understanding and compliance with the stated requirements. Failure to provide initials will constitute Purchaser's acceptance of all conditions set forth on said page. Purchaser warrants that he/she has the right to enter into this agreement,and is of legal age.In the event of a conflict between the printed contract and this rider,this rider will control. 1)PAYMENT Artist or his representative will be paid in cash,certified or cashier's check made payable to BIG R INC.,f/s/o RODNEY ATKINS,on demand,prior to performance on day of show. BIG R,INC.Federal I.D.#62-1668904.All 1099 information for tax reporting purposes should be sent to Dwight Wiles/Karla Stafford,900 Division Street, Nashville,TN 37203. 2)BILLING Artist will receive 100%Headline Billing In any and ail publicity releases, advertisements,or promotion including but not limited to programs,fliers,signs, lobby boards and marquees.No other name or photograph shall appear in type with respect to size,thickness, boldness or prominence of the type accorded Artist and no other name or photograph shall appear on the same line or above that of Artist.Artist shall be billed as RODNEY ATKiNS. 3)ADVERTISING Only photos supplied by Artist shall be used in all advertising and promotion of the show.There shall be no signs,banners or any advertising material on or within fifty(50')feet of the stage,nor shall the name RODNEY ATKiNS be used or associated directly or indirectly with any product or service without Artist's written consent. Please ensure that Rodney's name is spelled correctly—"Rodney Atkins". 4)APPROVAL OF OTHER ACTS Artist shall have the right to approve any other acts on the program.Artist shall have the right to approve the length of performance of other acts on the show. Artist shall close the show unless otherwise agreed upon In the contract.Other acts must provide their own instruments. 5)SHOW SPONSORSHIP/PRESENTATION All forms of sponsorship,whether part of an ongoing series or specifically for Artist's performance,must be authorized by Artist's management or representative.This includes co-sponsorship and welcoming,hosting or presenting radio station(s)or any other type of show sponsorship not specifically mentioned. 6)SHOW RECORDING POLICY NO recording,filming,broadcasting,telecasting,transmission or photographic reproductions of Artist's performance without prior written consent by Artist.Artist has the right to possess any and all tapes,films or recordings made of Artist's performance. 7)TICKETS,TICKET COUNTS,ETC. It is hereby agreed that should the cost of the ticket or capacity increase from the amount stated on the face of the contract, Buyer shall remit 100%of any additional income generated by such Increase to Artist.This clause shall also apply to free shows. ANY charge for admission must be stated accurately on the contract face. A. Tickets sold In sections where view Is limited shall be marked limited view"on ticket, B. With respect to counterfeit tickets,Buyer is liable for any and all counterfeit tickets and Artist shall assume no financial loss on the aforementioned. C. Buyer shall retain all ticket stubs and unsold tickets for a period of ninety(90)days from the date of performance,during which time the Artist has the right to inspect the books and records of the Buyer with respect to percentage payments. Updated:2/20/2018 Initals D. Buyer agrees that advance tickets,when sold at a different price from general admission,will be taken off sale the day of the performance,making tickets available only at the box office for the general admission price. E. All unsold advance tickets must be available for verification and counting by Artist's representative at least six(6)hours prior to contract performance hereunder.All other unsold tickets must be made available at least four(4)hours prior to contract performance hereunder. 8) TICKET MANIFEST A. In the event that Artist is being paid on a percentage basis, Buyer agrees to furnish to Artist's agent, a full house seating plan, stage diagram(to scale)and a notarized,signed statement from the ticket printer listing the number of tickets printed at each price at least three(3)weeks prior to the date of performance.No additions or deletions of monies shall be made other than stated state and local taxes. B. All tickets shall be printed by a bonded ticket agency:I.e.Ticketmaster,Globe Tickets,and Ticketron. C. Buyer may not sell tickets to performance hereunder as a part of a series of other concerts without prior written consent of Artist's agent. D. All tickets shall be of the one price,one stub variety.Tickets with more than one price printed on them will not be accepted: I.e.students one price and general admission a different price printed on the same ticket. E. Artist's representative will have the right to be present in the box office at all times.A box office statement, signed by Buyer will accompany final payment. F. Buyer complimentary tickets should not exceed one percent(1%)of the total capacity of the venue's official house seating capacity with one hundred(100)complimentary tickets being the maximum allowed. Buyer wilt supply Artist's representative with a statement detailing to whom each complimentary ticket was issued.All complimentary tickets should be issued only as a fully punched ticket. G. In the event of a second show,no tickets will be placed on sale for performance until the first show is eighty percent(80%)sold out. 9)COMPLIMENTARY TICKETS Artist shall be permitted fifty(50)of the top priced tickets at no cost,to use at Artist's sole discretion.Tickets should be between rows 5 and 15,but not within the first five rows.Buyer will provide Tour Manager with these tickets upon request, day of show. Purchaser agrees to supply to proper radio,television and newspaper personnel complimentary tickets from the top priced tickets in the same sections as artist's comp tickets. Buyer's complimentary tickets should not exceed one percent(1%)of the total capacity of the venue Including house and media camps,and must be fully accounted at settlement. Updated:2/20/2018 Initalst 10)SCALING Buyer will clearly print the specific capacity,gross potential and ticket price breakdown of the facility where Artist is to perform under this agreement. In the event that Artist Is to receive a percentage of the gross box office receipts for this engagement, pursuant to the terms of this agreement,the term"Gross Receipts"or"Gross Box Office Receipts"or similar phrases, shall mean all box office receipts computed on the basis of the full retail ticket price for all tickets sold and in no event less than the full retail ticket price for all persons entering the performance,with no deductions of any kind,less only federal,state or local admissions taxes and allowable discounts as approved by Artist in writing.Buyer agrees to scale the ticket prices for this engagement of guarantee potential receipts of not less than$ 11)GROUND TRANSPORTATION Buyer agrees to provide one(1)runner/driver with one(1)15- passenger van for Artist use.This will be utilized for transporting band/crew between hotel,venue and airport,if Artist must fly to engagement.All drivers must possess a valid driver's license,be at least 21 years of age, knowledgeable of the areas surrounding the engagement and available from load-in through load-out on the date of the engagement. For"fly dates,"a second cargo van will be necessary to transport equipment. 12)ACCOMMODATIONS Buyer agrees to provide seven(7)non-smoking double hotel rooms and three(3)non-smoking single hotel rooms,at no cost to Artist.Hotel should be Holiday Inn Express, Radisson Inn or equivalent, and be conveniently located to the venue.Please coordinate this with Artist's Tour Manager at least one(1)month prior to date of performance. Please provide full information on local full service gym,golf courses,fishing ponds, and gun ranges to Tour Manager for the band and artist use on day of show. 13)TAXES&LICENSES Buyer shall be responsible for maintaining and securing at his sole cost and expense ALL necessary licenses,permits and clearances for performance including,but not limited to ASCAP, BMT,SESAC,as well as all state/local licenses,permits, sales taxes,fees,dues and the like.All sums payable to Artist shall be free of such taxes,fees,dues and the like. 14)FORCE MAJEURE Artist's obligation to furnish the entertainment unit referred to herein is subject to detention or prevention by sickness, inability to perform,accident, means of transportation, Act of God, riots,strikes,labor difficulties, epidemics,and act or order of any public authority of any cause, similar or dissimilar,beyond Artist's control. 15)INCLEMENT WEATHER Judgment of the weather's effect in ability to perform shall be at the Artist's sole discretion. In the event that this show is canceled due to inclement weather,Artist must still be paid in full, provided Artist Is ready,willing and able to perform at the designated time specified in the contract. 16) CANCELLA TiON Artist has the privilege of cancellation by giving thirty(30)days written notice to Buyer. 17)INTERNATIONAL TRAVEL In the event the place of performance is outside the continental United States, Buyer agrees to procure at his sole expense,for Artist and entourage,a licensed and bonded customs broker and documents of any nature whatsoever necessary or usually obtained to enable Artist to render his services hereunder.Buyer also agrees to procure at his sole expense all local,municipal,and national government taxes,fees and levies on all Income earned by Artist and Artist's employees,as well as any licenses or permits necessary for the performance,while in the country or countries covered by this contract. Updated:2/20/2018 Initat• 18)LEGAL WARRANTY This Paragraph Supersedes and Replaces Paragraph 7 on the reverse Side of the Contract Entitled"Breach of Contract-Arbitration of Claims" A. This is the sole and complete agreement between the parties with respect to the engagement. Nothing in this contract shall be construed to constitute the parties as a partnership or joint venture,and Artist shall not be liable in whole or in part for any obligation that may be incurred by Buyer in carrying out any of the provisions contained herein,or otherwise. B. All parties to this agreement acknowledge that this Agreement was entered into the State of Tennessee and shall be governed by laws of the State of Tennessee.Further,all parties acknowledge that Nashville(Davidson County)Tennessee is the appropriate forum for any and all litigation arising out of or involving this agreement and/or the performance of any duties hereunder.The parties therefore consent to exclusive jurisdiction and venue In Davidson County,Tennessee.Any litigation filed outside Davidson County,Tennessee,will be subject to Immediate dismissal along with the appropriate sanctions under FRCP 11 or the corresponding state court rules.The parties further agree that the prevailing party in any litigation will be entitled to recover their costs including reasonable attorney fees and court costs. The parties further agree to do and hereby waive formal service of process in regard to actions brought relating to this Agreement and agree to accept service of process via certified mail,return receipt requested,addressed to the address listed below. C. The parties further agree that should it become necessary to consult an attorney due to any breach of this Agreement,then such costs will be considered as recoverable damages. 19)INDEMNIFICATION A. Buyer agrees to Indemnify and hold Artist and his employees,contractors, and/or agents harmless from and against any claims,costs(including attorney's fees and court costs), expenses,damages,liabilities,losses or judgments arising out of,or in connection with any claim, demand or action made by any third party, if such is/are sustained as a direct or indirect consequence of the engagement. B. Buyer shall also indemnify and hold Artist and his employees,contractors,and/or agents harmless from and against any and all loss,damage and/or destruction occurring to its employees,contractors,agents and/or equipment at the place of the engagement,including,but not limited to,damage, loss or destruction caused by Act of God. 20)INSURANCE Buyer agrees to provide comprehensive general liability(including,without limitation,coverage to protect against any and all injury to persons or property as a consequence of the installation and/or operation of the equipment and instruments provided by Artist and/or employees, contractors and agents).Such liability insurance shall be in the amount required by the venue,but In no event shall have a limit of less than One Million Dollars($1,000,000.00)combined single limit for bodily injury and property damage. Buyer further agrees to provide full all-risks insurance coverage for all equipment and instruments provided by Artist and/or employees, contractors and against fire,vandalizing,theft, riot,or any other type of act or event causing harm or damage to, or loss of,the instruments and equipment so provided.Certificates of insurance relating to the coverage listed above shall be furnished upon request from the road manager or Artist's management office. Updated:2/20/2018 Initals LJJ 21)MODIFICATION OF CONTRACT A. It is understood and agreed that the contract may not be changed,modified,or altered,except by an instrument in writing,signed by the parties, in accordance with Tennessee law.Any attempt to alter this agreement by Buyer will act as a waiver of all rights of purchase,but will leave all liabilities of Buyer In place.Any illegible writing will not be considered a proper "instrument"and will be disregarded at Artist's direction.The original wording will supersede. B. This Agreement cannot be assigned to any other person,firm or corporation, except by an instrument In writing signed by all parties,In accordance with Tennessee law. C. UNDER NO CIRCUMSTANCE will the venue be changed or moved without written consent of Artist or Artist's management.Any attempt to violate this provision will be considered a contract alteration,and a breach of contract. 22)PARAGRAPH HEADINGS Paragraph headings are inserted in this Rider for convenience only end are not to be used in interpreting this Agreement. 23)THIS ENGAGEMENT IS NOT FIRM AND NO ADVERTISING CAN BE DONE UNTIL THE CONTRACT AND RIDER BOTH,ARE FULLY SIGNED AND EXECUTED BY ALL PARTIES.ANY ATTEMPT TO ADVERTISE OR SELL TICKETS PRIOR TO THE FULL EXECUTION OF CONTRACT BY ALL PARTIES WILL BE AT BUYER'S OWN RISK AND MAY BE CONSIDERED, AT THE DISCRETION OF THE ARTIST,A BREACH OF CONTRACT AS WELL AS CONTRACT ALTERATION WHICH WILL PERMIT,BUT NOT REQUIRE ARTIST TO TAKE ANY ACTION PROVIDED FOR UNDER THIS AGREEMENT. 24)This is the sole and complete agreement between the parties with respect to the engagement. Nothing in this contract shall be construed to constitute the parties as a partnership or Joint venture, and Artist shall not be liable In whole or in part for any obligation that may be incurred by Buyer in carrying out any of the provisions contained herein,or otherwise. 26)BUYER'S REPRESENTATIVE Buyer agrees to furnish his personal representative,capable of making decisions pertaining to the Artist's engagement from the time of arrival of the production equipment including any outside staging material through the time of its departure. Buyer's representative will remain in the immediate backstage area and must be in constant contact with Artist's representative.Any salary or fee for said representative is the sole responsibility of purchaser and will not be considered a show expense. 27)SECURITY Buyer agrees to provide accurate security at ALL times to insure the safety of the Artist,Artist's personnel, instruments, personal property,vehicles,etc.Security will secure backstage entrances,backstage area,stage area,and bus/parking perimeter upon Artist arrival through departure.All backstage access shall be cleared and supervised by Artist's Tour Manager. 28)BACKSTAGE ACCESS ONLY Artist's tour passes will be honored for backstage access.Artist's Tour Manager will approve any and all guest lists and passes,for venue as well as any other acts on the same bill.All efforts to keep the number of backstage guests down to a minimum will be appreciated. Updated:2/20/2018 Initals 29)PRODUCTION OFFICE Buyer agrees to provide a private,well lit,heated and air-conditioned room near the backstage area to be used by Artist and Artist's representatives as an on site production office for duration of engagement.This office area should contain a table and chairs.Artist requires a WIRED or WIRELESS high speed Internet access be made available in the production office. 30) DRESSING ROOMS Buyer to provide(pay for if necessary)three(3)clean private dressing rooms.One(1)clean private dressing room for the Artist,one(1)clean private dressing room for band personnel and one (1)clean private dressing room for crew.These rooms should be clean,dry, well lit,heated,air-conditioned and securable.Each room should have a private lavatory and full bath facilities supplied with soap,with both hot&cold running water,mirrors and twenty-four(24)full size bath towels.Artist should not be required to share these dressing rooms with any other artist.The keys to the dressing rooms must be available to Artist's Tour Manager ONLY at load-in. If any of the above is not available,Tour Manager must be notified and made aware upon advance. An additional twelve(12)hand towels should be provided for Artist's use on stage and twenty-four(24) bottles of water at ROOM TEMPERATURE. 31)MERCHANDISING Buyer agrees to provide a well lit,secure area to sell Artist's merchandise. Buyer agrees to provide four(4)eight(8')foot tables,a tenUcanopy for any outdoor shows and a 110- volt power supply.This shall be in such a position as to be easily visible to the public using the main entrance.This shall be at no cost to Artist. Buyer agrees that Its arrangement for presenting the engagement provided for herein shall prohibit the sale of souvenir or similar merchandise on the premises in connection with this engagement other than Artist's official merchandise,furnished by Artist.Buyer and/or venue cannot sell or manufacture any items with RODNEY ATKINS name, likeness,logo or any facsimile thereof,without prior written permission from Artist or his authorized representative. Updated:2/20/2018 Initals 32)CATERING A)MEALS-All meals are to be served In a private area completely separate from the public.All numbers represent Artist's personnel ONLY.This does not include support acts,local crews, promotion staff,etc.Serving times will be determined by that day's schedule. Breakfast:A a hot catered meal for sixteen(16)people.Scrambled eggs, hashbrowns, biscuits and gravy,bacon,sausage,assorted fruit,yogurt,assorted cereals, milk, orange Juice,apple Juice,and cranberry juice.Please keep coffee service with sugar, splenda,creamer and half and half available throughout the day. Lunch:A catered meal for band&crew of sixteen(16)people,a choice of hot soup, sandwiches,and fresh tossed salad and vegetables with assorted salad dressings and appropriate condiments for Twenty(20)people. Dinner:Hot catered meal for band&crew of sixteen(16)people. Meal should consist of two meat(beef and chicken and/or fish)choices,a pasta dish, and choice of vegetables,a potato dish,and rice.(WHITE MEAT PREFERRED) Aftershow food:3 Large Pepperoni Pizzas,2 Large Cheese Pizzas, 1 dozen Hot chicken wings, 1 dozen BBQ chicken wings Buyout: If any meal cannot be served,the Artist, Band and Crew must be bought out, at a cost of$20/per person,per meal.Tour Manager will discuss dinner, time and food options during show advance. ***IMPORTANT***NO PIMENTOS SHOULD BE COOKED INTO ANY FOOD SERVED B)IN DRESSING ROOMS Beverages: Please keep beverages in packages so that bus may be stocked from beverage supply in dressing room.NO BUS TRAYS OR TUBS!Please keep a supply of fresh, clean ice and cups/glasses near beverage service area.Coffee service should be available throughout the day.An ice supply must also be provided for bus. ,, Updated:2/20/201$ Initals t Dressing room 1: (2)cases of Spring water(16oz. bottles).Spring Water (1)12 pack of Diet Coke(12oz.cans) (1)12 Pack of Local MIrcro Brew (20)shower towels(white).all towels must be freshly cleaned! Production Office: (1)case of Spring water(16oz.bottles)—Fiji preferred (12)black hand towels for stage Bus 1 (Band and Crew): (2)cases of Spring water(16oz.bottles)—Fiji preferred (1)large bag of Lays potato chips(family size) (1)small veggie tray (1)small fresh fruit tray(apples,oranges,bananas) (2)Travel boxes of Starbucks Pike Place Roast with Cups (1)pint of half and half (24) Hot coffee cups(not Styrofoam) (24)plastic solo cups(red or blue or black) (2)rolls of paper towels (bounty) (1)12 pack of Coke(12oz. red cans) (1)Case of Yuengling or Newcastle (1)Bottle of Bourbon Whiskey(Bullet or Makers Mark) (1)Bottle of Tito's Vodka (1)12 pack of local Brew(craft brew) ALL BEVERAGES ON ICE PLEASE BUS 2(Star Coach): (1)Case of Bottled Spring Water (1)6 pack of Fiji Water (1)Bottle Unsweetened Iced Tea (2)bottles of Red Line energy drink(found at gas station or GNC) (1)Small Jar Sweet Leaf Stevie or Truvla (1)Package Organic Mixed Greens (1)Carton of strawberries (4)lemons (1)Bottle Balsamic Vinaigrette(preferably organic) (4)blueberry or chocolate chip muffins (1)Party Sized Bag of Lays Potato Chips (1)Bag of Tortilla Chips (1)Container French Onion Dip (1)Container Mild Salsa (2)Packs of UNCURED NITRATE FREE hot dogs (1)Package of Microwaveable Breakfast Sausage Links (2)cans of Wild Pacific Salmon (1)Carton of Unsweetened Vanilla Almond Milk (1)Small carton of 112 and 1/2 (1)6-pack cans of Diet Coke (1)6-pack cans of Dr Pepper (24)Hot coffee cups(not Styrofoam) (24)plastic solo cups(red or blue or black) (1)Pack of Pete's or Starbucks coffee Pods (2)Rails of Paper Towels (1)package of RV or Septic Safe toilet paper Updated:2/20/2018 Instals 33)STAGE REQUIREMENTS One(1)performance stage 40'w x 40'd x 4'h. Stage shall be level, reinforced,solid and of sound construction.Two(2)16 X 16'sound wings separate from the stage when house sound system cannot be flown (Sound system should be flown whenever possible.).Two(2)12'X 12'wings for monitor area on stage Left,and Guitar world stage right. The stage must have a roof over the stage. The stage must have a set of stairs on both sides of the stage. Both staircases should have handrails on each side of the stage and have adequate lighting the stairs.If show is to be outdoors,purchaser shall provide and pay for one(1)large roll of Visqueen plastic sheeting to cover the stage, FOH& monitor mix positions to protect Artist and all of Artist's equipment.The stage shall be set up in accordance with Artist's stage diagram. Buyer to provide Two(2)risers dimensions are 8'x8'x24"carpeted and skirted in black with stairs. If show is to be outdoors,Purchaser shall provide and pay for the covering of the stage and FON& monitor mix position to protect Artist and ell of Artist's equipment,and shall be subject to approval by Artist's representative.The stage shall be set up in accordance with Artist's stage diagram. If stage is of temporary construction,two(2)sets of stairs are to be provided.One staircase is to be positioned at upstage corner nearest dressing room access.The other shall be positioned the morning of the show.Both staircases should have handrails on each side and have adequate lighting. "SEE ATTACHED STAGE PLOT AND BACKLINE REQUIREMENTS AS FOR THIS FLY DATE-BACKLINE,MOVING LIGHTS AND ADDITIONAL EQUIPMENT FOR BAND MUST BE PROVIDED AS SPECIFIED FOR OUR NEEDS. 34) SOUND REQUIREMENTS The sound system must be a state of the art 4 or 5 way system capable of sustaining 110db A weighted without distortion. It must also evenly cover the entire venue.The system must also be flown if at all possible and be in position and fully functional upon the artist's arrival. A.CABINETS All zones of the PA must be independently processed and be able to EQ separately.The Production Manager must approve all systems and numbers of cabinets. PREFERRED SYSTEMS 1. D&B J8 and J12 2. LA Acoustics V--Dosc 3. JBL Vertec B.FOH CONSOLE On bus dates we carry a FOH console and a 300 ft.snake.The Local Sound provider must supply a fully functional console,on fly dates.The outputs must be set to the Front of House Engineer's specs. PREFFERED FOH CONSOLES FOR FLY DATES: 1. DigiDesign Profile or Venue. 2. Yamaha PM5D-RH with PSU. 3. Yamaha CO. Updated:2/20/2018 initals C. MONITOR SYSTEM On bus dates tour carries a complete monitor/stage system including mics, stands,stage power, etc.On fly dates the local sound provider is responsible for providing a complete monitor system to the artists specs. PREFFERED MONITOR CONSOLES FOR FLY DATES: 1. AVID Profile with Stage Rack 2. Yamaha PM5D-RH with PSU. 3. Yamaha CL5 with two 3224 Rio Racks. MONITORING AND WIRELESS FOR FLY DATES: 1. Ten(10)—Shure PSM 9 or 10,or Sennheiser G2 In ear systems with two extra belt Packs. 2. Four(4)wedges please have extra in case of a non-working situation. 3. Four(4)Channels of Shure UHF-R wireless(2 handhelds with SM5B capsules,&2 guitar instrument packs with instrument cables)All mics are listed on the input List section of the Rider. D.POWER On a bus date tour requires 200 amp 3 phase power for our audio distro within 50 ft.of Stage Left monitor position.Purchaser to provide power. 35) LIGHTING REQUIREMENTS The Local Lighting provider must supply a fully functional lighting system. Lighting system is to be state of-the art and to be used at the sole discretion of Artist's Production Manager and Lighting Director.The system is to be flown whenever possible.The system shall be completely installed,inspected,flown to trim and ready to focus upon arrival of Artist's staff. If Lighting cannot be flown four(4)Genie Lift SuperTowers or Eventer Super Lifts must be supplied. PLEASE VERIFY WITH THE PRODUCTION MANAGER ACTUAL REQUIREMENTS FOR LIGHTING SET UP. A.DOWNSTAGE TRUSS 1-40'utility or pre-rigged truss 80-PAR 641,000 watt fixtures or Source Four PAR fixtures(ALL Medium Lamps)4-8-Light or 9-Light units with 650 watt DWE lamps(THESE ARE NON-NEGOTIABLE) Note:Please have all Lamp Filaments horizontal prior to focus) B.UPSTAGE TRUSS 1 -40'utility or pre-rigged truss 60-PAR 64 1,000 watt fixtures or Source Four PAR fixtures(ALL Narrow Lamps) 4-PAR 64 ACL bars with four 250 watt,28 volt 4552 lamps each Note: Please have all Lamp Filaments vertical prior to focus) C.POWER Please advance with Production Manager.Tour carries one(1)power distro. Tour requires a minimum 200 Amp 3-Phase Service for Audio.Tour can CAM to CAM or bare wire tails. Disconnect but be within 50 ft.of stage. Please have a qualified licensed electrician to tie in if needed. IMPORTANT-Our ground/neutral on feeder and pow distro is REVERSED.If you are not reversed,please make sure to Include gene turn arounds. Updated:2/20/2018 Initals D.CONTROL 1. CONVENTIONAL lighting desk with a minimum of 15 programmable sub-masters on multiple memory pages for conventional system control. 2. 96-Channels of 2.4k dimming Lot-Control,multi-cable,A/C,feeder as required E.MISCELLANEOUS (4)-2.5k Spotlights(Lyclan preferred) (7)-Stations of intercom (FOH,Dimmers,Spot Ops, &House Lights) (2)-ReeIFX DF-50 Haze machine F.TECHNICIANS 2-Qualified systems technicians who can operate all aspects of lighting system. One(1)house light operator will be needed at approximately 30 minutes prior to scheduled show time.These operators should report to the Lighting Director at this time. G.Please make arrangements for all lights not specifically required by local safety ordinances to be turned off during the performance.This specifically refers to clocks,scoreboards, advertising billboards and concessions In the hall. If an unusual situation exists in which any arena or dome lights cannot be turned off for any reason, please advise Production manager immediately. 36)POWER REQUIREMENTS Artist carries power distribution for audio and backline on bus dates. Fly dates buyer provides power. 37)SOUND CHECK Buyer agrees to provide a sound check for the Artist and band to be completed prior to opening the doors and admitting ticket holders. During the sound check, Buyer agrees to keep performance area clear of all people not directly involved in show's production.Seats may not be placed in venue until production manager allows placement. 38)STAGE CREW: Buyer agrees to provide the services of ten(10)able bodied stagehands to be available to work at the direction of Artist's Production Manager from load-in through load-out,at no cost to Artist.If ten(10)stagehands are not present,there will be a$100 charge for each missing stagehand,payable in cash to the Tour Manager prior to performance. 39)PARKING: Buyer agrees to provide space adjacent to the stage door for two(2)45'buses with trailers and two(2)runner vehicles at no charge to Artist.Shore power(208-volt at 40 amps)will be made available for buses with this parking area.Will also need a designated area for Semi with trailer next to stage or in closest loading dock to stage. Buyer also agrees to provide adequate security for parking area and vehicles. Updated:2/20/2018 luital This Information is Intended to enable Rodney Atkins to deliver the highest quality show possible.Thank you for your cooperation and assistance.We look forward to working with you. GRE -Br-ACCEPTED AGREED &ACCEPTED PliC).°r" BUYER • 'TIST .lease •rint name) Big R, INC. f/s/o RODNEY ATKINS S 5/1 1/1 8 E DATE Updated:2/20/2018 Initals CTa7] la W ., q19; .,,.,;.j DN 120V ?, • 120V r., It •c,..•1; _ -&- rifier .,may rt .... ! .i. 2018 Stage plot&Input list iv"- '1' : ; updated:Jan.2.2018 64. it um 120V i r 4y ":) `•t- • : 120V aitir T Si% �„ ij • 0SO0 Jeff Hawkins PM/FOH stW• SUMO615-fi41-1433 to w jhawknz@gmall.com 120V 1.Kick In-Shure SM91 11.Drum T8-Shure SMS8 21.Track 7 Di 31 SL Vocal(Ac.Gtr)-SM58 41.Rod Ac.Gtr 2-Wireless 1 2.KIck out-Shure SM52 12.Mandolin/Fiddle-DI 22.Track 8 DI 32.Rodney TB-5M58 42,Open 3.Snare top-Shure SM57 13.El.Gtr(SR -Shure SM57 23.Open 33.Open 43.Open 4.Snare Bottom-Shure SM57 14.SR Vocal(El.Gtr)-SMS8 24.Open 34.Open 44.Open 5. HI Hat Shure-SM57 15.Track 1 0 25.Bass Gtr-DI 35.Open 45.Ipod Left 6. Rack Tom-Shure Beta 56 16.Track 2 D 26.Bass Gtr Mic-ShureSM52 36.Open 46.Ipod Right 7.Floor Tom 1-Shure SM7 17.Track 3 D 27.Bass Vocal-SM58 37,Rod Wireless-SM58 47.Audience SR-AT 8P4027 8.Floor Tom 2-Shure SM7 18.Track 4 D 28.Ac.Gtr(SL Steve)-DI 38.Rose Wireless-SM58 48.Audience SR-AT 6P4027 9,Overhead SR-AT4050 19.Track 5 0 29.El,Gtr(SI Steve)-SM57 39.MC/Guest-SM58 10.Overhead SL-AT4050 20.Track 6 0 30.Banjo-DI 40.Rod Ac.Gtr 1-Wireless RODNEY ANS Backline Requirements Updated:January 2,2018 Jeff Hawkins PM/FOR 615-691-1433 Email.jhawknz@gmail.com Drums—Kevin Rapillo drummer-Sakae Endorsee: 1`r Choice; Sakae Drums for any and all live TV. 2nd Choice: Yamaha Club Custom. Must be an Absolute Birch Drums Drums: Hardware: Must be Sakae or Yamaha (Remo Weather Coated Drum Heads on all drums), Hardware. 1. One(1)22"or 24"Kick drum. 1. One(1)Yamaha Doubie Kick 2. One(1) 14"Metal Brass Snare. Pedal. 3. One(1) 14"Wood Snare. 2. Two(2)Snare Stands for Snare 4. One(1)12"Rack Tom Drum. and Side Snare. 5. One(1) 14"Floor Tom Drum. 3. Two(2)Snare Stands for Yamaha 6. One(1) 16"Floor Tom. XP100T drum pad,and an Yamaha Zildlian Cymbals Only! NO Sabian DTX Mulitil2 drum Sampler. We or other brands are acceptable: traveled with these. 7. Two(2)-19"A custom crashes. 4. One(1)HI-Hat Stand. 8. One(1)-22"A custom ping ride. 5. Five(5)Cymbal Stands 9. One(1)-15"A master sound hi hats. 6. One(1) Roc N Sock Drum Throne. 10.Two(2)small oscillating fans. 7. One(1)Drum Rug Electric Guitar —Clint Wells 1. 18t Choice—Two(2)Vox AC30(one is a backup). 2. 22" ce—Two(2) Fender Deluxe(one is a backup). 3. (All cables and switches to make Amplifier work). Bass Guitar—Slakajiubbard 1. One(1)Ampeg SVT-VR Amplifier or a Ampeg SVT-CL with a VST810e or 410e cabinet. 2. All cables to make Amplifier work. Utility Player—Steve Daly 1. 181 Choice Two(2)Fender Pro Jr.Amplifier. 2. 2nd Choice Two(2) Fender Blues Jr.Amplifier. 3. Ail cables to make Amplifier work. Miscellaneous—Additional Items needed. 1. Two(2)Fiddle Stands. 2. Three(3)5-space UltraCase guitar boats(No aluminum bar stands w/ foam are acceptable). 3. Two(2)regular guitar stands. 4. Two(2)-8'X 8'X 1' Risers with black skirting. Amps listed are with backup amps in case of a failure or a non-working amplifier. BACHUNERMUIREMENTS UFOATID:J4NUARY2,2018 l 1 J FH4WKINSFiWFOH615-691-1433BJIA IL•JiAW1144CMAILCiJM ADDENDUM"A" ADDITIONAL TERMS AND CONDITIONS A.COMPENSATION (I) Unless otherwise specified, all payments shalt be made in full without any deductions whatsoever. if not already Indicated on the face page of this Agreement, PURCHASER will advise PRODUCER,or PRODUCER's agent,promptly upon request(but in no event later than the on-sale dale),of the net admissions prices for the entertainment presentation and shall further disclose any added charges and applicable tax in connection therewith. (2)Int the event the payment to PRODUCER shall be based in whole or in part on receipts of the performance(s)hereunder,PURCHASER agrees to deliver to PRODUCER a certified statement of the gross receipts of each performance within two(2)hours following such perfom ance.PRODUCER shall have the right to have a representative present in the box office at all times and such representative shall have access to box office records of PURCHASER relating to gross receipts of the Engagement. (3) In the event that the payment of PRODUCER's share of said performance(s)receipts is based in whole or in part upon expenses related to the Engagement, PURCHASER shall verify by paid receipts,cancelled check or similar documents all such expenses,or they shall not be included as an expense of the Engagement. (4)in the event the payment to PRODUCER does not include a percentage payment,if the actual gross box office receipts from the Engagement exceed the gross potential as stated on the face of this Agreement or as otherwise agreed in writing between the parties,such excess shall be immediately paid in full to PRODUCER in cash. B.TICKETS (I)PURCHASER shall not announce,advertise,promote or sell tickets to the Engagement until authorization in writing has been received from PRODUCER. (2)ALL TICKETS MUST BE NUMBERED.NO TICKETS SHALL BE PRICED AT MORE THAN THE AGREED UPON PRICE EXCLUSIVE OF VALUE ADDED TAX OR OTHER SALES-BASED TAX WITHOUT PRODUCER'S PRIOR APPROVAL. (3)If ticket price staling shall be varied In any respect,the percentage of compensation payable to PRODUCER shall be based upon whichever of the following is more favorable to PRODUCER:(i)the ticket price sealing set forth on the face page of this Agreement or as othenvise agreed in writing by the parties,or(ii)the Dental ticket price scaling in effect for the Engagement. (4)The PRODUCER'S representative shall have the right to inspect ticket racks and all box office and other records with respect to such receipts,including,but not limited to,unsold tickets,printed but unsold tickets(so-called"deadwood")and stubs of tickets sold,for the purpose of verifying the statements.PRODUCER's representative will upon request be admitted to the box office at all times during the sale of tickets for the Engagement hereunder. (5)There shall be no dynamic ticket pricing unless mutually agreed upon by PRODUCER and PURCHASER in writing.In the event the parties agree to participate in dynamic ticket pricing all terms thereof shall be subject to mutual written approval including,without limitation,al!ticket prices and adjustments thereto,scaling,gross box office potential and additional ticketing charges(if any).All elements thereof,including,without limitation,all ticket pricing/scaling/adjustments,ticketing charges(if any) and final gross revenue must be transparent and presented at eettlement In writing to PRODUCER to evidence compliance with the foregoing. (6)PURCHASER agrees that any inclusion of ARTISTS performance hereunder in a subscription or other type of series is subject to the prior written consent of PRODUCER_ (7)PURCHASER shall not commit ARTIST to any interviews,promotional appearances,meet&greets,or otherwise without PRODUCER's prior,written consent,which shall be given or withheld is PRODUCER'S sole discretion. C.FACILITIES (I)PURCHASER agrees to fivaish at Its sole cost and expense on the date(s),time(s)and place(s)of the perfomrance(s)all that is necessary for the proper and lawfitt presentation of the Engagement,including,without limitation,a suitable venue,well-hated,ventilated,lighted,clean and in good order,stage curtains,properly tuned grand piano or pianos and all necessary first class sound equipment in perfect working condition including amplifiers, microphones in number and quality required by PRODUCER,dressing rooms(clean,comfortable,properly heated and air-conditioned and near the stage),all necessary electricians and stage hands,all necessary first class lighting,tickets,house programs,all licenses(Including musical performing rights licenses),adequate security.ushers,ticket sellers,ticket takers,appropriate and sufficient advertising in all media and PURCIIASER shall pay all other necessary expenses in connection therewith. (2)PURCHASER shall also provide at its sole cost and expense all necessary equipment for the Engagement hereunder as provided on the face of the Agreement,or as designated in the attached ARTIST Rider,unless otherwise agreed by PRODUCER and PURCHASER in writing.Exact requirements to be advised if same differs lions ARTIST Rider specifications. (3)PURCHASER will pay all music royalties In connection with PRODUCER'S use of music,and in addition,the costs of any musicians(including contractor)other than those furnished by PRODUCER as part of PRODUCERS regular company_ (4)PURCHASER agrees to pay all amusement taxes,if applicable. (5)PURCHASER shall comply with all regulations and requirements of any unions)that may have jurisdiction over any of the said materials,facilities and personnel to be furnished by PURCHASER and PRODUCER. (6)If PRODUCER so requires, PURCHASER wilt furnish at us expense all necessary facilities,electricians, stage hands and other personnel for lighting and dress rehearsals PURCIIASER shall Ruttish at Its own expense all other items and personnel including,but not limited to,any and all personnel,including musicians,as may be required by any national or local union(s)required for the proper presentation of the performance hereunder,and any rehearsals therefore,except for those items and personnel which PRODUCER herein specifically agrees to furnish. (7)PURCHASER shall ensure compliance with all applicable requirements of laws and regulations as to health and safety,licensing,insurance,hygiene,fire,access,egress, security,and generally in relation to the performance(s)and the venue(s)for such performance(s) (g)PURCHASER shall be solely responsible for providing a safe environment for the Engagement,Including but not limited to with respect to the staging,stage covering, grounding,supervision and direction of the Engagement,and security,so that the Engagement and all persons and equipment are free from adverse weather and other conditions,situations and events("Adverse Conditions").PRODUCER/ARTIST shall not have any liability for any damage or injury caused by such Adverse Conditions. Agrcrnwnt dated 01•March-201S RODNEY ATKINS Page 4 ell CiTY OF IEFFERSONVILLE-PARIS DEPARTMENT WME Concert,rev.2014-05-29//updated March,2015 Seq 2695229 D.PRODUCTION CONTROL (1)PRODUCER shall have the sole exclusive creative control over the production and presentation of ARTISTs performance at the Engagement hereunder,including,but not limited to,the details,means and methods of the performance of the performing artists hereunder,and PRODUCER shall have the sole right,as PRODUCER may see fit, to designate and change at any time the performing personnel other than the ARTIST herein specifically named. (2)ARTIST shall at all times be the headline act and will be the closing act of each show,unless otherwise specified herein.PURCHASER agrees that no perfonners other than those to be furnished by PRODUCER hereunder will appear on or In connection with the Engagement hereunder.PURCHASER agrees to supply and pay for all supporting acts,If any,which must be requested and/or approved by PRODUCER. (3)PURCHASER agrees to promptly comply with PRODUCER'S directions as to stage settings for the performance hereunder. (4)It is understood that no stage seats arc to be sold or used without PRODUCER'S prior written consent. E.EXCUSED PERFORMANCE If,as the result of a Force Majeure Event(as defined below),PRODUCER or ARTIST is unable to,or is prevented from,performing the Engagement or any portion thereof or any material l obligation under this Agreement,then PRODUCER's and ARTIST's obligations hereunder will be fhlly excused,there shall be no claim for damages or expenses by PURCHASER,and PURCHASER shall bear its own costs and expenses in connection with this Agreement.Notwithstanding the foregoing:(i)PURCHASER shall be obligated and liable to PRODUCER for such proportionate amount of the payment provided for herein as may be due hereunder for any performances)which PRODUCER may have rendered up to the lime of the inability to perform by reason of such Force Majeure Event;and(ii)in the event afsuch non-performance as a result of a Force Majeure Event,if ARTIST is ready,willing,and able to perform(hut for the occurrence of such Force Majeure Event),then PURCHASER shall nevertheless pay PRODUCER an amount equal to the full GUARANTEE plus all other payments and compensation due hereunder.For clarification,in the event of cancellation due to any Force Majeure Event,and whether or not ARTIST is ready,wilting and able to perform,PURCHASER shall remain responsible for all transportation,accommodations, expense reimbursements and any other payments or compensation for PRODUCER/ARTIST and entourage pursuant to the terms of this Agreement. A"Force Majeure Event"shall mean any one or more of the following acts which makes any performances)by PRODUCER or ARTIST contemplated by this Agreement impossible,infeasible or unsafe:acts of Ood;acts)or regulation(s)of any public authority or bureau,civil tumult,epidemic,acts)of the public enemy,act(s)or threats of terrorism;threats; insurrections;riots or other forms of civil disorder in,or around,the Engagement venue or which PRODUCER and/or ARTIST reasonably believe jeopardizes the safety of ARTIST,any of ARTISTS equipment,musicians or other performers,or any of PRODUCER's key personnel,embargoes,labor disputes(including, without limitation,strikes,lockouts,job actions,or boycotts);fires;explosions;floods;shortages of energy or other essential services;failure of technical facilities;failure or delay of transportation; death,disability,illness,injury or other inability to perform of ARTIST,any of ARTISTS musicians,other performers,crew,representatives or advisors,any ofARTISTs family members,any of PRODUCER's key personnel,or any other person personally known to ARTIST whose death,disability,illness or injury adversely impacts ARTISTS ability to perform in connection with the Engagement;or other similar or dissimilar causes beyond the control of ARTIST or PRODUCER which make any performance(g)contemplated by this Agreement impossible,infeasible or unsafe. F.INCLEMENT WEATHER Notwithstanding anything contained to the contrary herein,inclement weather shall not be deemed a Force Majeure event and PURCHASER shall remain liable for payment to PRODUCER of the full GUARANTEE plus all other compensation due hereunder if the performance(s)is rendered impossible,infeasible or unsafe by such weather conditions.For clarification,PURCHASER shall remain responsible for all other terms and conditions of this Agreement,Including,without limitation accommodations, transportation,and expense reimbursements for ARTIST and touring party G.PRODUCER'S RIGHT TO CANCEL PURCHASER agrees that PRODUCER may cancel the Engagement hereunder without liability by giving the PURCHASER notice thereof at least thirty(30)days prior to the commencement date of the Engagement hereunder.Upon termination of the Agreement in accordance with this Section G,PRODUCER shall return to PURCHASER any deposit previously received by PRODUCER In connection with the Engagement.Subject to the foregoing,upon such termination,the parties shall have no further rights or obligations hereunder,and each of the parties shall bear its own calls incurred in connection with this Agreement. II.BILLING (I)ARTIST shall receive billing in such order,form,size and prominence as directed by PRODUCER in all advertising and publicity issued by or under the control of the PURCHASER,including,but not limited to,displays,newspapers,radio and television ads,electric lights,posters,houseboards and announcements. (2)PURCHASER may only use ARTISTs name and pre-approved:voice,likeness,materials,pictures,photographs,image,or other identification of ARTIST(collectively, "ARTIST's Likeness")in connection with PURCHASER'S advertising and publicizing of the Engagement,however PURCHASER's uta of ARTISTS Likeness shall not be as an endorsement or indication of use of any product or service and no corporate or product/service name or logo shall be included in any such advertising and publicity absent PRODUCER's prior written approval In each instance, Notwithstanding the foregoing, the placement, form, content, appearance, and all other aspects of PURCHASER's use of ARTIST's Likeness shall at all times be subject to the prior written approval of PRODUCER I.MERCHANDISING PRODUCER shall have the exclusive right to sell souvenir programs,ballet books,photographs,records and any and all types of merchandise including,bat rat limited to, articles of clothing(i.e.T-shirts,hats,etc.),posters,stickcn,etc,on the premises of the placc(s)of performance without any participation its the proceeds by PURCHASER subject,however,to concessionaire's requirements,if any,as specified in this Agreement. Agreement dated 01-March-2018 RODNEY ATKINS Page 5 of 8 CITY OF JEFFERSONVILLE-PARKS DEPARTMENT WALE Concert;rev 2014.05.291/updaled Marsh,2015 Sect:2695229 J.NO RECORDING/BROADCAST PURCHASER shall not itself,nor shall it permit or authorize others(including,without limitation,PURCHASER or venue employees,representatives or contractors)to record,broadcast,televise,film,photograph,wcbcast,or otherwise reproduce the visual and/or audio performances hereunder(or any pan thereof)and/or ARTIST and/or PRODUCER's personnel at any time during the Engagement.In the event PRODUCER does so grant any of the aforementioned rights,such rights shall be subject to a separate written agreement and PURCHASER shall be responsible,et PURCHASER'S sole cost and expense,for securing any and all necessary third party rights,licenses, clearances,and permissions(including,but not limited to,all necessary publishing and record label clearances)required in connection with PURCHASER's capture and/or exploitation of the same.Notwithstanding the foregoing,and Anther to any additional obligations of PURCHASER to indemnify PRODUCER/ARTIST contained In this Agreement,PURCHASER shall indemnify and hold harmless PRODUCER and ARTIST from any and all damage's)it,or they,may sustain as a result of PURCHASER'S failure to comply herewith K.PURCHASER DEFAULT (I)In the event PURCHASER refuses or neglects to provide any oFthe items herein slated or comply with any provisions hereunder,and/or fails to promptly make any of the payments as provided herein and/or fails to proceed with the Engagement and/or fails to furnish PRODUCER or ARTIST with any documentation,tickets or notice or proof thereof as required hereunder,at the times herein specified,then any such failure shall be deemed a substantial and material breach of this Agreement and PRODUCER shall have the right(in PRODUCER'a sole discretion),without prejudice to any other rights and remedies to.(i)immediately terminate this Agreement and cancel any or all remaining Engagement hereunder;(ii)retain all amounts already paid to PRODUCER by PURCHASER as partial compensation for such breach;(iii)receive the full GUARANTEE(or the unpaid balance thereof)plus all other payments and other compensation due pursuant to this Agreement and all out of pocket expenses incurred by PRODUCER and ARTIST In connection with the Engagement or the transactions contemplated by this Agreement;and(iv)PRODUCER and ARTIST shall have no further liabilities and/or obligations in connection with the Engagement or the transactions contemplated by this Agreement. For the avoidance of doubt, in all instances PURCHASER shall remain responsible for all transportation,accommodations,and expense reitnbsusementa for PRODUCER/ARTIST and entourage pursuant to the terms of this Agreement. (2)If,on or before the date of any scheduled engagement,PURCHASER has failed,neglected,or refused to perform any contract with PRODUCER/ARTIST,and/or any contract wills any third party relating to this Engagement,and/or any other contract with any other performer for any other engagement(whether or not related),or if the financial standing or credit of PURCHASER has been impaired or is In PRODUCER':opinion unsatisfactory,PRODUCER shall have the tight to demand payment of the fill GUARANTEE and all other compensation due pursuant to this Agreement,if PURCHASER fails or refuses to make such payment forthwith,then any such failure shall be deemed a substantial and material breach of this Agreement,and PRODUCER shall hove the right(in PRODUCER's sole discretion),without prejudice to any other rights and remedies,to:(i)immediately terminate this Agreement and cancel any or all remaining Engagement hereunder;(ii)retain all amounts already paid to PRODUCER by PURCHASER as partial compensation for such anticipatory breach;(iii)receive the full GUARANTEE(or balance thereof)and all other compensation due pursuant to this Agreement and all out of pocket expenses incurred by PRODUCER and ARTIST in connection with the Engagement or the transactions contemplated by this Agreement, and(iv)PRODUCER and ARTIST shall have no further liabilities and/or obligations in connection with the Engagement or the transactions contemplated by this Agreement.For the avoidance of doubt,in all instances PURCHASER shall remain responsible for all transportation,accommodations,and expense reimbursements for PRODUCER/ARTIST and entourage pursuant to the terms of this Agreement. L INSURANCE/INDEMNIFICATION (t)PURCHASER shall obtain and maintain,from the date hereof through completion of the Engagement,commercial general liability insurance coverage,including a contractual liability endorsement as respects this Agreement,liquor liability(either from PURCHASER,if PURCHASER is flunishing liquor,or front PURCHASER's designated concessionaire),in an amount of not less than Five Million Dollars($5,000,000)per occurrence(but In no event In amounts leas than the limits required by the venue and/or as set forth in the ARTIST rider,if any);business automobile liability insurance covering all owned,non-owned and hired vehicles used by or on behalf of PURCHASER with a minimum combined bodily injury and property damage liability limit of Five Million Dollars(55,000,000)per occurrence;and workers compensation and employer's liability insurance(including stop gap liability where applicable)with minimiun limits of One Million Dollars(51,000,000)per claim(butt in no event in limits less than those required by law and/or less than the limits required by the venue and/or as set forth in the ARTIST rider,if any.)Notwithstanding the foregoing,for any Engagement at which the allowable capacity is in excess of Twenty-Five Thousand(25,000)attendees,but less than Fifty Thousand(50,000)attendees,the required commercial general liability insurance coverage limit shall be in an amount of not less than Ten Million Dollars(510,000,000)per occurrence,and for any Engagement at which the allowable capacity is Fifty Thousand(50,000)or more attendees,the required commercial general liability insurance coverage limit shall be in an amount of not less than Fifteen Million Dollars(515,000,000)per occurrence.All of the insurance requirements set forth above shall not be construed as a limitation of any potential liability on behalf of PURCHASER.All such insurance required above shall be primary and non-contributory,and shall be written by insurance companies qualified to do business in the nate(s)of the Engagement(s)with A.M.Best ratings not leu than A minus or better.Such insurance policies shall contain a waiver(s)of subrogation with respect to the PRODUCER,ARTIST and their respective officers,directors,principals,agents,employees and representatives and shall provide that the coverage thereunder may not be materially changed,reduced or canceled unless thirty(30)days prior written notice thereof is Rsniished to PRODUCER/ARTIST.Not less than ten(10)days prior to each Engagement, PURCHASER shall furnish PRODUCER/ARTIST with an appropriate certificate(s)of insurance evidencing compliance with the insurance requirements set forth above and naming PRODUCER,ARTIST and PRODUCER/ARTISTs respective officers,directors,principals,agents,employees and representatives as additional insureds. PRODUCER's failure to request,review or comment on any such certificates shall not affect PRODUCER':rights or PURCHASER':obligations hereunder Upon request,PURCHASER shall immediately finish to PRODUCER/ARTIST a fill and complete copy of all insurance policies required to be maintained by PURCHASER herein. (2)PURCHASER hereby agrees to save,indemnify and hold harmless PRODUCER and ARTIST,and their respective agents,representatives,principals,employees, officers and directors, from and against any claims, suits, arbitrations, liabilities,penalties, losses,charges,costs, damages or expenses,including,without limitation, reasonable attorney's fees and legal expenses.incurred or suffered by or threatened against PRODUCER or ARTIST or any of the foregoing in connection wills or as a rcsuh of any claim including without limitation,a chains for death,personal injury or property damage or otherwise brought by or on behalf of any third party person,firm or corporation as a result of or in connection with the Engagement,or any acts or omissions of PURCHASER or its employees,agents,or other representatives in connection with the transactions contemplated by this Agreement,which claim does not directly result from the gross negligence of the ARTIST and/or PRODUCER Agreement dated 01-March-20113 RODNEY ATKINS Page 6 of S CiTY OF JEFFERSONVILLE—PARKS DEPARTME.V? WME Conch;rev 2OI4-05.29I/upeWed March,2015 Seq 2695229 M.ROLE OF AGENT WILLIAM MORRIS ENDEAVOR ENTERTAINMENT,LLC acts only as agent for PRODUCER and assumes no liability hereunder and in fbruherance thereof and for the benefit of William Moms Endeavor Entertainment,LLC,it is agreed that neither PURCHASER nor PRODUCER/ARTIST will name or join William Morris Endeavor Entertainment,LLC,or any of its parents,subsidiaries.officers,directors,principals,agents,employees and representatives(collectively,"WME")as a party in any civil action or suit anywhere in the world,arising out of,in connection with,or related to any act!of commission or omission pursuant to or in connection with this Agreement by either PURCHASER or PRODUCER/ARTIST.To the extent applicable,without limiting the generality of the foregoing and for the avoidance of doubt,WME expressly assumes no liability hereunder for any claims,losses,damages,complications,consequences,or other events that may occur as a result of the failure of either party hereto to obtain any of the visas,work permits,and/or other documentation required for the performance of the parties'obligations hereunder(hereinafter,the'Travel Documents').It is agreed that neither PURCHASER nor PRODUCER/ARTIST will name or join WME as a parry in any civil action or suit anywhere in the world,arising out of,in connection with,or related to any failure of either party hereto to obtain,secure,or procure the Travel Documents. N.NOTICES All notices required hereunder shall be given in writing at the addresses stated in the preamble of this Agreement O.CONTROLLING PROVISIONS In the event of any inconsistency or conflict between the provisions of this Agreement and the provisions of any riders,addenda,exhibits or any other attachments hereto,the parties agree that the provisions most favorable to PRODUCER and ARTIST shall control. P.LIMITATION OF LIABILITY In no event shall PRODUCER and/or ARTIST(nor any of their respective agents,representatives,principals,employees,officers,directors and affiliates)be liable to PURCHASER for any third party)fur any indirect,incidental,consequential,special,punitive(or exemplary),or any similar damages,including,without limitation,lost profits,lass of revenue or income,cost of capital,or loss of brininess reputation or opportunity,as to any matter under,relating to,or arising out of the Engagement or the tratsactions contemplated by this Agreement,whether in contract,tort or otherwise,even if PRODUCER and/or ARTIST has been advised of the possibility of such damages. Under no circumstances shall the liability of PRODUCER and/or ARTIST(or any of their respective agents,representatives,principals,employees,officers, directors or affiliates)exceed,in the aggregate,an amount equal to the lesser of(i)the amount of reasonably necessary ow-of-pocket expenses directly incurred by PURCHASER in connection with ARTIST's performance at the Engagement taking into account any amounts PURCHASER has recovered using its best efforts to mitigate losses;or(ii)the amount of the GUARANTEE which ARTIST and/or PRODUCER have actually received in accordance with the tams of this Agreement.PURCHASER agrees that it shall not(and shall cause its alfiliales riot to)seek indirect,incidental,consequential,special,punitive(or exemplary),or any other similar damages as to any matter under,relating to,or arising out of the Engagement or the transactions contemplated by this Agreement. Q.MISCELLANEOUS PROVISIONS (1)Nothing in this Agreement shall require the commission of any act contrary to applicable law or to any rules or regulations of any union,guild or similar body having jurisdiction over the services and personnel to be furnished by PRODUCER to PURCHASER hereunder. In the event of any conflict between any provision of this Agreement and any such law,rule or regulation,such law,rule or regulation shall prevail and this Agreement shall be curtailed,modified,or lintiled only to the extent necessary to eliminate such conflict. (2)Purchaser shall comply,and shall ensure that its affiliates,subsidiaries,directors,managers,officers,employees,agents,and representatives comply,et Purchaser's expense,with all applicable laws,rules,and regulations in relation to its operations and performance of its obl,gations under this Agreement,including without limitation, any law,regulation,statute,prohibition,or other measure maintained by any agency or department of any national government,regional body,multilateral Institution or other body which is responsible for the adoption,implementation or enforcement of sanction laws,including,but riot limited to,the United Nations Security Council,the Council of the European Union,the European Commission,the relevant competent authorities of Indnv.dual European Union Member States,the United Slates Department of Treasury's Office of Foreign Assets Control,the United States Department of Commerce,the relevant competent authorities of Australia,or any replacement or other regulatory body responsible for sanctions laws in any country relating to the implementation,application and enforcement of economic sanction',export controls,trade cmbargos or any other restrictive measures,including but not limited to those measures which prohibit or otherwise restrict either party's ability to make a service availabk either directly or indirectly to a sanctioned person and those measures which restrict or prohibit either party from engaging in specified dealings with a specified class of person,whether defined by nationality,business sector or otherwise. (3)Purchaser represents and warrants that neither it nor its affiliates,subsidiaries,directors,managers,officers,employees,agents,or representatives is(i)a person or entity or,(ii)controlled by a person or entity,on the U.S.Treasury Department's list of Specially Designated Nationals and Foreign Sanctions Evaders List,the U.S.Commerce Department's Denied Persons List or Entity List,the U.K-HM Treasury Consolidated List of Financial Sanctions Targets,the U.K.Export Control Organisation's Iran List, the Australian Government Sanctions Consolidated List,or otherwise designated as subject to financial sanctions or prohibited from receiving Australian,U.S.,or U.K. services,or any other equivalent local provisions.Purchaser agrees to notify both Producer and WME immediately in writing of any change in owtenhip or control that might violate this Section of the Agreement.Producer or WME may terminate this Agreement upon providing written notice of termination to Purchaser,if Producer or WME's performance of its obligations or receipt of consideration hereunder would,as reasonably determined by WME or Producer,result in non-compliance with any laws, rules and regulations applicable to Producer or WME. (4)Purchaser agrees to comply with all applicable larva and regulations,includintg,but not limited to,the US Foreign Corrupt Practices Act,the UK Bribery Act and the laws of the country in which any transaction'are made or services arc provided under this Agreement Purchaser further agrees that Purchaser and any person of entity working on Purchaser's behalf in connection with the services provided under this Agreement shall not make any payment or transfer anything of value,directly or indirectly,to (i) any governmental official or employee(including employees of government-owned and government-controlled corporations and public international organizations),(ii)any political patty,official of a political party,or candidate for public office;(in) eny intermediary,including,but not limited to,agents,close associates or family members of government officials,for payment to any government official,(iv) any other person or entity in a corrupt or improper effort to obtain or retain business or any advantage,in Agreement dated Di Much-20111 RODNEY ATKINS Page 7 of It CiTY OF JEFFERSONVILLE—PARKS DEPARTMENT WME Concert;rev.2014.05.29E+updated Match.2015 Seq 2695229 connection with Purchaser's affairs;or(v) any other person or entity;if such payment or transfer would violate the US Foreign Corrupt Practices Act,the UK Bribery Act, and/or laws of the country in which the transaction is made and/or services are provided under this Agreement, (S)This(and any of PRODUCER'S:riders,addenda,exhibits or attachments hereto)constitutes the sole,complete and binding agreement between the parties hereto,and may not be amended,supplemented,altered or discharged except by an instrument in writing signed by the parties.If any part of this Agreement is determined to be void, invalid or unenforceable,such invalid or void portion shall be deemed to be separate and severable from the other portions of this Agreement,and the other portions shall be given full force and effect,as though the void and invalid portions or provisions were never a part of this Agreement. (6)This Agreement shall be construed in accordance with the laws of the State of Tennessee applicable to agreements entered into and wholly to be performed therein. Unless stipulated to the contrary in writing,all disputes arising out of this Agreement,wherever derived,shall be resolved in Nashville,Davidson County in the State of Tennessee in accordance with the laws(Idle!State;in the event of any such dispute,either party may effect service of process on the other party by certified mail,return receipt requested,and said service shall be equivalent to personal service and shall confer personal jurisdiction on the courts in Nashville,Davidson County in the State of Tennessee and shall be deemed effective upon the earlier of the recipient's mail receipt date or ten(10)days after the mailing of such process,provided that a duplicate of such process shall have been mailed to the other party by ordinary mail at the same time as the certified mailing. (7)PURCHASER shall not have the right to assign or transfer this Agreement,or any provision thereof. (B)The waiver of any breach of any provision of this Agreement shall nut be deemed*continuing waiver,and no delay in exercise of a right shall constitute a waiver. (9)Nothing herein contained shall ever be construed as to constitute the parties hereto as a partnership,or joint venture,nor to make PRODUCER and/or ARTIST liable in whole or in part for any obligation that may be incurred by PURCHASER,in PURCHASER'S carrying out any of the provisions hereof,or otherwise.THE PERSON EXECUTING THIS AGREEMENT ON PURCHASER'S BEHALF WARRANTS HIS/HER AUTHORITY TO DO SO,AND SUCH PERSON HEREBY PERSONALLY ASSUMES LIABILITY FOR THE PAYMENT OF SAID PRICE IN FULL. (10)The terms'ARTIST"and"PURCHASER"as used herein shall include and apply to the singular and the plural and to all genders. (1 I)This Agreement may be executed in two(2)or more counterparts,each of which shall be deemed an original and all of which taken together shall constitute one(I)and the same instrument.Delivery of an executed counterpart of a signature page to this Agreement by telecom er or electronic delivery(i.e.PDF format),including electronically signed versions of the same,shall be as effective as delivery of a manually executed counterpart of this Agreement and shall be sufficient to bind the Parties to the terms and conditions of this Agreement. Agreement dated 01-March•'2018 RODNEY ATKINS Page 8 all CITY OF JEFFERSONVILLE—PARKS DEPARTMENT WME Concert;rev 2014.05-IW/updated March,2015 Seq.:2695229