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HomeMy WebLinkAboutTommy Prine (Riverstage Performance) City of Jeffersonville Government Contract Coversheet Please note:All information MUST be completely filled out and submitted to Clerk's Office within 48 hrs of execution. Date Submitted to Clerk:j 31026101 (i I Department:) —Pa."-r (_S Vendor Name: / I �d rvtnl Qr, l I._Ser�c� Sign Date:, 3 /a 5 ) a y Ending Date: g ' 17 /a.y I • Amount of Original Contract:I 4 -S 000 I Is this an amendment or change order to original contract? Yes or No Amended Contract Amount:) Purpose: R'vers4ety, CO Ge4 For Clerk's Office to fill out Date uploaded to Gateway: 1 WASSERMAN MUSIC PERFORMANCE CONTRACT # 361431 PAGE 1 OF 2 (310)407-0200 (310)407-0200 FAY Tommy Prine Riverstage Jeffersonville, IN ' Fri,Aug 16, 2024 Jonathan Levine jlevine@teamwass.corn THIS PERFORMANCE CONTRACT is dated Wednesday, March 20, 2024 by and between DARK MOON, LLC ("COMPANY"), which shall furnish the services of Tommy Prine ("ARTIST"), and CITY OF JEFFERSONVILLE ("PURCHASER") for the engagement listed below on the terms and conditions set forth in this Agreement. This Performance Contract between COMPANY and PURCHASER consists of this principal agreement together with the Additional Terms and Conditions, ARTIST'S RIDER (if any) and any other exhibits and addenda which are attached hereto and incorporated herein by this reference (collectively, this"Agreement"). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, PURCHASER and COMPANY hereby agree as follows: 1. ENGAGEMENT/VENUE: VENUE: Riverstage(the"Venue") ADDRESS: 100 w. River Rd Jeffersonville,IN 47129 United States DATE OF SHOW: Friday,August 16, 2024 (the"Date of Engagement") NO.OF SHOWS: 1 DOORS: TBD; Per Advance and Mutually Agreed SUPPORT: TBD; Per Advance and Mutually Agreed ARTIST TIME: TBD; Per Advance and Mutually Agreed CURFEW: TBD; Per Advance and Mutually Agreed AGES: All Ages 2. COMPENSATION: $3,000.00 guaranteed to ARTIST(the"Guarantee"). Flat Guarantee. 3. PAYMENT TERMS: PURCHASER shall pay$ 1,500.00 to WASSERMAN MUSIC, LLC no later than Thursday,August 1,2024 All payments to be made to Wasserman Music, LLC hereunder shall be payable by bank wire to: Wasserman Music, LLC JPMorgan Chase ACCT: 712339560 New York, NY 10017 ABA: WIRE: 021000021 ACH: 322271627 SWIFT CODE: CHASUS33 The balance of the Guarantee shall be paid to and in the name of ARTIST COMPANY by cash or cashier's check not later than the evening of the Engagement.If the percentage of gross ticket receipts exceed the Guarantee,the overage amount due shall be paid in full to ARTIST COMPANY in cash or by cashier's check or bank wire(as designated by ARTIST COMPANY)immediately following the Engagement. 4. PRODUCTION: PURCHASER to provide and pay for Sound and Lights,approved by ARTIST. 5. BILLING: Support to the Jayhawks 6. DEDUCTIONS: DEDUCTIONS EXC/INC PRICE TYPE TOTAL --N/A-- $0.00 Performance Contract 361431.pdf page 1 of 2 W A S S E R M A N MUSIC PERFORMANCE CONTRACT # 361431 PAGE 2 OF 2 (310)407-0200 I (310)407-0200 FAX Tommy Prine Fri, Aug 16, 2024 Jonathan Levine jlevine©teamwass.com 7. TAXES: TAXES AMOUNT TYPE TOTAL --N/A-- S 0.00 .... 8. CONTACT DETAILS: ARTIST: Tommy Prine Dark Moon,LLC 47 Music Square East#100 Nashville,TN 37203 PROMOTER/PURCHASER: City of Jeffersonville 500 Quartermaster Ct Jefferson,IN 47130 Elizabeth Carter TYoung@Cityufleff.net BUYER CONTACT: City of Jeffersonville 500 Quartermaster Ct Jefferson,IN 47130 Tara Young +1 502 727 3043 tyoung@cityofjeff-net 9. ATTACHMENTS: The Additional Terms&Conditions,Artist rider,and any Company addenda attached hereto form a part of this Agreement and are incorporated herein by this reference. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. IMPORTANT: ONE COMPLETE COPY of this contract and rider, signed by the PURCHASER, must be received by Wasserman Music via email, fax, or mail, no later than Wednesday, April 3, 2024. PURCHASER COMPANY City of Jeffersonville Dark Moon,LLC 500 Quartermaster Ct 47 Music Square East#100 Jefferson,IN 47130 Nashville,TN 37203 Federal Tax ID: Federal Tax ID:36-506 ,- - ------I►�=—L Signature: Signature: Alt"'/fjVSfN"["J`, Print Name: Ke?t)IeGlll(erSOn Print Name: 11I` Title/Position: Manager Title/Position: Performance Contract 361431.pdf page 2 of 2 Exhibit"A" WASSERMAN MUSIC ADDITIONAL TERMS & CONDITIONS 1. MATERIAL CHANGES: Under no circumstances may the Purchaser change any material terms on the facing page of the Agreement, including, without limitation,scaling and Venue for the Date of Engagement without Agent's or Company's prior written consent.Artist's appearance on the Date of Engagement (hereinafter, the "Performance"), together with all other performances at the Venue on the Date of Engagement, is hereinafter collectively referred to as the "Event." Purchaser agrees to provide all necessary permits and licenses required by all applicable laws for purposes of lawfully conducting the Event. 2. PROMOTION/NAME AND LIKENESS: (a) Purchaser hereby acknowledges that,except as otherwise expressly set forth herein, each and every payment made hereunder prior to the Date of Engagement(each a"Deposit")is non-refundable.Contemporaneous with payment of each Deposit hereunder, Purchaser is being granted the limited right to immediately(and, as applicable, continue to)exploit Artist's approved name, image and logo(hereinafter,the"NIL Rights")solely for purposes of advertising,marketing and promoting the Event and the sale of tickets with respect thereto. Purchaser further acknowledges that the aforesaid grant of NIL Rights constitutes a value in consideration of the payment of any and all monies paid to Company hereunder prior to the Date of Engagement. Purchaser shall obtain the written approval of Company(e-mail is acceptable) over all announcements, advertisements and promotional material (including any flyer design)using the Artist's name, likeness,voice and/or logos prior to producing and/or disseminating any such materials. Purchaser shall not advertise the Performance prior to Purchaser's receipt of Agent's(on Company's behalf)written authorization to advertise the Performance. (b)Without limiting the foregoing,there shall be no sponsorship branding on the stage on which the Performance takes place without Company's prior written approval,which may be withheld in Company's sole discretion. 3. COMPENSATION: Purchaser warrants and represents that the ticket scaling and fee information provided is accurate and will not be changed without Company's prior written consent in each instance. Purchaser acknowledges and agrees that Company is acting in reliance on the ticket scaling and fee information contained in the confirmed offer. 4. RECORDING: Purchaser warrants that Purchaser shall not, nor shall Purchaser, authorize others to photograph, video tape, record or otherwise reproduce Artist's likeness or image in any manner, nor shall Purchaser record (in any medium) or broadcast (via any means, including, without limitation, radio or internet), or authorize others to record or broadcast, any portion of the Performance without Company's prior written consent,which may be withheld in Company's sole discretion,as applicable. 5. CANCELLATION: 5.1 Company Cancellation of Performance: (a)Without prejudice to any rights,claims or remedies Company may have under this Agreement at law or in equity,in the event that Purchaser breaches any term of this Agreement and fails to cure as hereinafter provided,Company shall have the right to(i) immediately cancel this Agreement; (ii) not perform at the Event; and (iii)retain all Deposits and other advance monies paid to Company hereunder prior to such termination.Such breaches include, but are not limited to,the following: (i)Purchaser does not make timely payment to Agent any amount due as set forth on the Facing Page(s),of this Agreement herein above or otherwise materially breaches the terms of this Agreement,including,without limitation, as contained in the paragraphs titled "Compensation" and "Payment Terms,"respectively, of the Facing Page(s),or fails to perform any material obligation required of Purchaser hereunder; (ii)On or before the Date of Engagement, Purchaser has failed, neglected or refused to perform any contract with any other performer for any engagement and, following receipt of Company's written demand therefor, Purchaser fails to promptly make full payment of the Guarantee due hereunder;or (iii)Agent, in its sole discretion, determines that Purchaser is unable to pay its debts as they become due in the ordinary course of business; or Purchaser Initials (SQL Company Initials (iv) A voluntary or involuntary bankruptcy petition is filed by or against Purchaser, Purchaser goes into compulsory liquidation, makes an assignment for the benefit of creditors, is in receivership or makes any composition with creditors. 5.2 Purchaser Cancellation of Performance: If, for any reason (including, without limitation, a cancellation under paragraph 5.3 herein below), Purchaser cancels the Performance following the confirmation of the offer,Purchaser shall remain liable to Company for the full amount of the Guarantee due hereunder. 5.3 Cancellation of the Performance due to Force Majeure Event: (a) A "Force Majeure Event" shall include, but not be limited to: the occurrence of an event beyond the reasonable control of Purchaser and/or Company/Artist that renders the performance of such party's obligations and/or the Performance or Event impossible, infeasible, or unsafe including, without limitation, acts or regulations of public authority; governmental or court ordered laws, regulations, requirements, orders or actions including those related to communicable diseases, epidemics, pandemics or other dangers to public health;fire; civil disorder; labor dispute; adverse weather; disability or illness or injury or death to Artist or its crew member, immediate family member or close personal friend; interruption; failure or delay of transportation or technical facilities or utilities war;act of public enemy or terrorism;or Acts of God. (b) In the event of cancellation due to a Force Majeure Event, the parties shall be fully excused of their obligations, there shall be no claim for damages relating thereto, and each party shall be responsible for its own respective expenses. (c)Notwithstanding the foregoing,in the event that the Performance is cancelled due to a Force Majeure Event and Artist is ready and willing to perform,Company shall be entitled to retain or receive,as applicable, within ten(10)days of the cancelled Date of Engagement,one hundred percent(100%)of the guarantee. 6. SECURITY,SAFETY AND INSURANCE: 6.1 Purchaser shall be responsible for providing (or causing the Venue to provide) reasonable, adequate and industry standard security personnel for the presentation of the Event to ensure the safety of Artist, its crew, personnel, equipment and audience members. 6.2 Purchaser shall obtain and maintain, from the date hereof through completion of the Engagement, commercial general liability insurance coverage in connection with the Event and shall name Company, Artist, and Agent as additional named insureds in an amount of not less than Three Million Dollars($3,000,000)per occurrence(but in no event in amounts less than the limits require by the venue)and workers compensation and employer's liability insurance(including stop gap liability where applicable)with minimum limits of One Million Dollars($1,000,000)per claim(but 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). 6.3 Purchaser hereby agrees to defend, indemnify and hold Company, Artist, Agent and their contractors, employees, licensees, designees and agents(individually and collectively,the"Artist Indemnitees")harmless from and against any loss,damage or expense including reasonable attorneys'fees incurred or suffered by or threatened against the Artist Indemnitees in connection with or as a result of any claim for personal injury or property damage or otherwise brought by or on behalf of any third party,person,firm,entity or corporation as a result of or in connection with the Engagement, which claim does not result directly from the gross negligence or willful misconduct of Artist and/or Company's employees,contractors, licensees,designees or agents. 7. DEFAULT, NOTICE AND CURE: 7.1 Except as otherwise expressly set forth herein, neither party to this Agreement shall be deemed to be in breach of any of its obligations hereunder unless the party not in breach serves specific written notice of such alleged breach upon the party in breach and the party in breach shall have failed to cure such breach, if any, within five(5) business days following receipt of such written notice(but in no event later than 5:00 p.m.EST on the date that is three(3)business days prior to the Date of Engagement hereunder). 7.2 All notices to be given to either party hereto shall be in writing and shall be delivered to the email addressee set forth in the facing pages of this Agreement. 8. MISCELLANEOUS: 8.1 This Agreement sets forth the entire understanding between the parties,oral or written,regarding the subject matter hereof,and supersedes all prior or contemporaneous negotiations or understandings between the parties. No amendment, modification, or waiver of these Terms will be valid unless set forth in a written instrument signed by both parties hereto.Should any portion of this Agreement be deemed null and void under the law,the remainder shall remain in full force and effect. iI Purchaser Initials "Ay' Company Initials _ .7 8.2 This contract shall be governed by and construed under the laws and judicial decisions of the State of California. All claims and disputes arising out of the interpretation, performance or breach of this Agreement shall be submitted exclusively to the jurisdiction of the courts of the State of California(state and federal)located in Los Angeles County;provided however if Agent and/or Artist is sued or joined in any other court or forum in respect of any matter which may give rise to a claim by Agent or Artist hereunder, Purchaser hereby consents to the jurisdiction of such court or forum over any such claim which may be asserted by Company and/or Artist. 8.3 All rights not expressly granted herein are reserved to Company and Artist. 8.4 Purchaser hereby acknowledges that Agent is only responsible for procuring bookings and may not be held liable for any breach of contract by Company or Artist hereunder or under any other agreement between Company or Artist and Purchaser. 8.5 Purchaser represents and warrants that Purchaser is the responsible party for making all payments hereunder and has sufficient funds,financing and/or insurance to honor all of Purchaser's obligations hereunder. 8.6 Additional riders supplied by Company, including, without limitation, Artist's technical and hospitality riders (individually and collectively,the"Artist Rider")are annexed hereto and made a part hereof. 8.7 This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute the same instrument. 8.8 Purchaser may not transfer or assign this Agreement or any rights, interests or obligations without the prior written consent of Company.Any assignment in violation of this paragraph 8.8 shall be void. Purchaser Initials Company lnitiaitte5K___ i ,mn,y rin imi � -. I 1 0 1— ��)���a .�i � ..,,, „, ..... • el alma - mia • . . , R ms4 r(f e 1 _ 4 4n Front of Stage Page 1 of 1