HomeMy WebLinkAboutGround Control/Ryan Davis Depot Performance City of Jeffersonville
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Contract#: 200035
GROUND Agent: Jim Romeo
Email: jim@groundcontroltouring.com
CONTROL Agent: John Chavez
Email: john@groundcontroltouring.com
TOURING
By mutual agreement made this date, Wednesday, February 12, 2025 by and between Ryan Davis (hereinafter referred to as
"COMPANY"), providing the services of Ryan Davis +The Roadhouse Band (hereinafter referred to as "ARTIST"), and Jeffersonville
Parks Department (hereinafter referred to as "PURCHASER"). The undersigned COMPANY and PURCHASER agree to the following
terms and conditions for the entertainment presentation described below.
1. Artist: Ryan Davis+The Roadhouse Band
2. Engagement Venue: The Depot at NoCo
701 Michigan Ave
Jeffersonville,IN 47130
United States
3. Date of Engagement: Thursday,August 7,2025 No.Shows:One(1)
4. Schedule:
5. Billing: 100%Headline
6. Merchandise: 100%All Merchandise(Artist sells)
7. Compensation: $2,000.00 USD Flat Guarantee
8. Purchaser Signed Purchaser signed contract and rider due to Ground Control Touring no later than
Contract: Thursday,July 24,2025
9. Deposits: All payments shall be paid by PURCHASER in United States Dollar(unless otherwise mentioned)by
Wire or ACH Transfer
Due Date Amount
3/5/2025 $1,000.00
10. Deposit Remittance: BANK WIRE INFO:
Ground Control Touring Inc.
Account#:925623352
ACH/Wire Routing#:021000021
Swift Code:CHASUS33
JP Morgan Chase,Branch#47
225 Park Ave.S,New York,NY 10003
The Promoter is responsible for all bank
charges.
11. Tickets: Tier Quantity Comps/Kills Ticket Price Total
General Admission 400 — —
Totals 400 —
Gross Potential::Net Potential: —
12. Event Contacts: Promoter Company Promoter
Jeffersonville Parks Department Amber Powell
500 Quartermaster Court Email:apowell@cityofjeff.net
#205
Jeffersonville,IN 47130
13. Radius Clause: 100 miles,30 days before and 30 days after show date
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Contract#: 200035
Additional attached expenses,terms and conditions and/or rider(s)are part of this agreement.
61,19 By: X 1(1A) P--) By: X ari)
SIGNATURE OF PURCHASER SIGNATURE OF ARTIST
Elizabeth Carter Ryan Davis+The Roadhouse Band
Jeffersonville Parks Department Ryan Davis
500 Quartermaster Court
#205
Jeffersonville,IN 47130
45 Main Street,Suite 300,Brooklyn,NY 11201 •718-218-8203•www.groundcontroltouring.com Page 2 of 4
Contract#: 200035
Additional Terms and Conditions
The following additional terms and conditions are incorporated in and are part of the Performance Contract attached hereto.
1.PURCHASER agrees to provide at its sole cost and expense all that is necessary for the proper presentation and execution of the performance(s)set forth in
this performance contract,including,but not limited to:
a.the agreed upon Venue in good order,clean and well lighted,with all necessary licenses,&permits as required by local,state and/or federal laws;
b.a public address system in perfect working order,with approved and agreed to necessary equipment and accessories as specified in the COMPANY's
technical rider;
c.all personnel including loaders,stagehands,carpenters,electricians and electrical operators and any other labor necessary for proper production,in full
compliance with any local or federal union rules;and
d.appropriate and sufficient publicity and advertising in accordance with the budget set forth in the accepted offer and advertising plan for said
engagement(s),including but not limited to mailing,print advertising in major newspapers and other media,Internet and radio advertising.
2.It is expressly understood by all parties that the PURCHASER has no right to supervise the performance(s)of the ARTIST and that the PURCHASER has no
right to control the manner,means or details of the performance services of the ARTIST.The PURCHASER will comply promptly and professionally with
COMPANY's directions regarding the arrangement of stage decor and settings for the Performance(s).The COMPANY shall have the sole right as COMPANY
sees fit to designate and change,at any time,the performing personnel without financial penalty.
3.PURCHASER will not have the right to broadcast,webcast,televise,photograph,or otherwise record or reproduce the performance(s)and will prevent and
prohibit these actions by any party unless a previous agreement has been made with the COMPANY in writing.
4.In the event that payment to COMPANY will be based in whole or in part on the receipts of the Performance(s):
a.Ticket prices must be submitted to and approved by COMPANY in writing before tickets are ordered or placed on sale.
b.PURCHASER will deliver to COMPANY a certified statement of the gross box office receipts of each such performance within two(2)hours following such
performance;and
c.COMPANY will have the right to have its representative present in the box office at all times.Such representatives will have the right to examine and make
extracts from box office records of PURCHASER relating to gross box office receipts of the Performance(s).COMPANY will have the right,at its own expense,
to audit PURCHASER's box office records relating to gross box office receipts of the Performance(s)upon reasonable notice on or before the date three(3)
years after the performance(s).Such audit will be conducted during normal business hours,and at PURCHASER's normal place of business where
PURCHASER maintains such receipts.
d.Affiliate Links:the use of affilate ticketing links by PURCHASER is not permitted unless the monies received go directly into the show gross.If used without
approval from COMPANY,artist is entitled to 100%of the earnings.
5.COMPANY shall have the right to sell goods(including,but not limited to,compact discs,DVDs,novelty items and clothing)on the premises of the place of
performance.The commission rate set forth on the face page of this agreement shall be the only such commission that applies and will be applied to the net,
after the deduction of any local and state sales taxes from the gross.The PURCHASER agrees to provide a clean,well lit,and highly visible area suitable for
merchandise sales.PURCHASER will not in any way hinder full audience access to this area until at least 30 minutes after the headlining artist's performance.
6.PURCHASER agrees the COMPANY may cancel the Performances)hereunder,in COMPANY's sole discretion,by providing at least thirty(30)days notice to
PURCHASER prior to the Performance(s)date.In such event,COMPANY will return any amounts previously paid by PURCHASER pursuant to this Agreement.
and shall have no further obligations.
7.If,before the date of any scheduled performance,it is found that PURCHASER has not performed fully its obligations under any other agreement with any
party for another engagement,or that the financial credit of PURCHASER has changed,been misrepresented or been impaired,COMPANY may cancel the
Agreement without payment or penalty of any sort.In the event that PURCHASER fails or refuses to fully perform any of its obligations hereunder,including but
not limited to timely making any of the payment requited by this Agreement:
a.COMPANY,in its sole and exclusive discretion,may immediately terminate the Agreement;
b.COMPANY will have the right to retain any amounts therefore paid by PURCHASER;
c.PURCHASER will Immediately reimburse COMPANY for any out of pocket costs incurred by COMPANY as a result of PURCHASER's breach;
d.PURCHASER will remain liable to COMPANY for the guarantee and any additional compensation due COMPANY,as set forth in the Agreement;and
e.COMPANY will be entitled to assert all claims and to exercise all rights and remedies available,whether in law or in equity.
8.In the event of an alleged breach of this Agreement by COMPANY,PURCHASER agrees that the maximum damages which PURCHASER may seek to recover
will be limited to necessary out of pocket expenses directly incurred by PURCHASER relating to the Performance less any amounts PURCHASER is able to
recover.Under no circumstances will COMPANY or ARTIST or any of their representatives be liable to PURCHASER or any third party for any indirect,incidental,
special,consequential,punitive,and/or exemplary damages hereunder,including hut not limited to loss of revenue or lost profits,even if COMPANY and/or
ARTIST or any of their representatives have been advised of the possihility of such damages.
9.Payment:PURCHASER agrees to forward the requested Deposit upon receipt and execution of this contract.Should additional Deposit(s)be agreed to and
payable in advance of the performance(s),PURCHASER shall comply with the schedule and terms outlined on the face page of this contract.Unless otherwise
specified in writing in advance,the PURCHASER agrees to pay all remaining balance and applicable overages to the COMPANY in cash,certified check,
cashier's check,money order or other guaranteed funds within 30 minutes of the end of the ARTIST's perfutmance.
10.Force Majeure
a.Notwithstanding anything to the contrary contained herein,the Performance may be canceled by either party due to cause(s)beyond the reasonable control
of the parties hereto that would render the Performance hereunder impossible,impracticable or make conditions for the Performance hazardous.Such causes
include,but are not to be limited to:death,illness of,or injury to ARTIST or a member of ARTIST's immediate family,any of ARTIST's musicians or any of
45 Main Street,Suite 300,Brooklyn,NY 11201 •718-218-8203•www.groundcontroltouring.com Page 3 of 4
Contract#: 200035
ARTIST's key personnel;theft,loss,destruction,or breakdown of instruments or equipment owned or leased by ARTIST;fire threat(s)or act(s)of terrorism;
riot(s)or other form(s)of civil disorder in,around or near the Performance(s)venue;strike,lockout,or other forms of labor difficulties;any act,order,rule,or
regulation of any court,government agency,or public authority;act of God,absence of power or other essential services;failure of technical facilities;failure or
delay of transportation not within ARTIST's reasonable control;inclement weather,and/or any similar or dissimilar cause beyond ARTIST's or PURCHASER's
reasonable control(hereinafter"Force Majeure Event").
b.If a Force Majeure Event occurs,the parties'respective obligations hereunder will be excused fully,without any additional obligation,subject to the
provisions of Section 10(c)below,and each of the parties shall bear its own costs incurred in connection with the Agreement.Neither COMPANY,AGENT,nor
ARTIST shall be held liable for any losses,costs or damages whatsoever suffered by PURCHASER due to ARTIST's failure to perform as a result of a Force
Majeure Event.
c.(i)In the event that the Performance is canceled 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 canceled Date of Engagement,one hundred percent(100%)of the Guarantee.
(ii)In the event the Performance is canceled pursuant to a Force Majeure Event that renders ARTIST unready and/or unable to perform,COMPANY shall be
entitled to retain or receive,as applicable,within ten(10)days of the canceled Date of Engagement,fifty percent(50%)of the Guarantee.
d.In the event that this Agreement concerns a support artist performance,and the headline artist of such engagement does not perform for any reason
(except a Force Majeure Event cancellation),if ARTIST is ready and willing to perform the services set forth herein,COMPANY will be entitled to receive the full,
agreed upon compensation set forth in this Agreement.
11.Stop Loss:It is expressly understood that ARTIST,COMPANY,and GROUND CONTROL TOURING do not consent to unilateral application of any
PURCHASER Stop Loss Provisions.Should sellable capacity,show expenses,or admission procedures for the applicable Performance(s)be adjusted in
accordance with government restrictions or recommendations,and those adjustments not constitute a Force Majeure Event,PURCHASER,ARTIST and
GROUND CONTROL TOURING agree to negotiate in good faith any amendment to the contractual terms and conditions for the entertainment presentation
herein.PURCHASER further acknowledges that they do not retain the exclusive right to exercise Stop Loss Provisions in order to reduce ARTIST fee(including
guarantee,overages,or reimbursables),rescind a confirmed offer,or cancel the engagement without payment or penalty.
12.Insurance
a.PURCHASER agrees to provide public and general liability insurance coverage including,without limitation,liability,comprehensive coverage,and,in the case
that automobiles are used for the business of the PURCHASER in any way,public and general liability automobile,in an amount not less than$5,000,000 per
occurrence to protect against any claim for personal injury or property damage otherwise brought by or on behalf of any third party,person,firm,or corporation
as a result of or in connection with the Perforrmance(s).The Policy shall name COMPANY and ARTIST,Including each individual performer,respective agents,
employees,directors,officers,principals,representatives,and shareholders as additional insureds with a waiver of subrogation listed in a favor of COMPANY
and ARTIST.
b.In addition,PURCHASER shall maintain in effect(a)workers compensation insurance(or the equivalent thereof if workers'compensation insurance is not
available)covering all of its employees,subcontractors,and other personnel under the control,direction,or authority of PURCHASER,whether directly or
indirectly,who are involved in the installation,operation,and/or maintenance of equipment provided by PURCHASER,and(b)in the case that automobiles are
used for the business of the PURCHASER in any way,hired and nonowned automobile insurance.PURCHASER shall supply COMPANY with certificates of
insurance showing coverage of the above at least(10)business days prior to the Performance date;provided however that if PURCHASER does not provide
such certificate by the foregoing date,COMPANY may,in Its sole discretion,terminate this Agreement.If PURCHASER has not provided certificates of
insurance as set forth herein,ARTIST may elect to perform the show;provided,however that PURCHASER will be responsible nonetheless for the insurance
coverage specified herein.
c.The insurance policies describe herein will contain provisions requiring the insurance company to give COMPANY at least ten(10)days prior written notice
of any revision,modification,or cancellation.Any proposed change of insurance will be submitted to COMPANY for written approval prior to any such change
taking effect.
13.Indemnification:PURCHASER shall indemnify,protect,and hold COMPANY,ARTIST,the individual performing members of ARTIST,ARTIST's managers,
accountants,attorneys,agents and their respective contractors,employees,licensee,and designees(collectively,the"Indemnified Parties")harmless,from and
against any claim,demand,action,loss,cost,damage,or expenses whatsoever(including,without limitation,reasonable attorneys'fees)arising out of or in
connection with the Performance.
14.In case of any conflict of terms or inconsistency,the terms contained within this Performance Contract shall prevail over all others.The PURCHASER
specifically accepts all terms of this Rider unless they are waived by COMPANY or their representative in writing.Such waiver shall be effective only if initialed
by COMPANY.Please note that none of the requirements of this rider can be invalidated by the failure of COMPANY's personnel to advance the engagement
with any member of the PURCHASER's production staff.
15.The Parties acknowledge that GROUND CONTROL TOURING acts only as agent for COMPANY and ARTIST,and assumes no liability hereunder.All totals are
USD.Conversions are approximate and will be adjusted to reflect historical market rate following performance.
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