HomeMy WebLinkAboutWME (Jeff Goes Country) 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 110
Department:
Vendor Name: Vv t
Sign Date: I I 1)
Ending Date: b 1 )0 /
Amount of Original Contract: J 000
Is this an amendment or change order
to original contract? Yes or No
Amended Contract Amount:
Purpose: ,, ,, A
C GA-)
a
For Clerk's Office to fill out
Date uploaded to Gateway:
\ VA k E
1201 Demonbreun Street,15th Floor
Nashville,TN 37203
USA
Phone:+1 615-963-3318
email:awb@WMEagency.com
MARK CHESNUTT NADA DINER°.INC.
ARTIST RIDER AND ADDENDA ATTACHED HERETO HEREBY MADE A PART OF THIS CONTRACT
Agreement made 22 Oct 2024 between NADA DINERO,INC.(hereinafter referred to as"PRODUCER")furnishing the services of MARK CHESNUTT
(hereinafter referred to as"ARTIST")and CITY OF JEFFERSONVILLE—PARKS DEPARTMENT/Lisa Carter(hereinafter referred to as
"PURCHASER")
It is mutually agreed between the parties as follows:
The PURCHASER hereby engages the PRODUCER to furnish the services of ARTIST for the Engagement(as described herein)upon all the terms and
conditions herein set forth,including,without limitation,Addendum"A"(Additional Terms and Conditions),the Artist Rider,and any other
PRODUCER addenda referenced herein(if any),all of which are attached hereto and fully incorporated herein by reference.
1. ENGAGEMENT VENUE(S):
RIVERSTAGE
West Riverside Drive
Jeffersonville,IN
USA
2. DATE(S)OF ENGAGEMENT: Sat 09 Aug 2025
a. Number of Shows: l
b. Show Schedule(s): 06:00 PM:Doors
TBA:Support-TBA:Artist Approved
TBA:MARK CHESNUTT;(70 min.)
11:00 PM:Curfew
•
3. BILLING(in all forms of advertising):
100%Sole Headline Billing
4. COMPENSATION:
$30,000.00 USD(Thirty Thousand U.S.Dollars)flat GUARANTEE.
REIMBURSEMENT(S):
$800.00 USD for Production due:09 Aug 2025--buyout
DEPOSIT requirements and PAYMENT TERMS are further set forth below in Section 10.
5. PRODUCTION AND CATERING:
-Purchaser to provide and pay for HOUSE sound and lights.
-Purchaser to provide and pay for catering as required by Artist.
-Purchaser to provide and pay for a Production Buyout:$800 For FOH Console,Monitor Console,IEM Rig,Wireless Mics,Mics,Stands,Cabling,
FOH Snake and all Electrical for the stage
B.Stage Size—PERFORMANCE AREA ONLY!DO NOT INCLUDE SOUND WINGS OR NON-USABLE AREAS! 1.24'X 20'minimum.Any
stage smaller must be approved by the Production Manager.2.32'X 24'preferred.3.Outdoor stages must be covered,in their entirety,from the
Agreement dated 22-October-2024 MARK CHESNUTT
Page l of 9 CITY OF JEFFERSONVILLE—PARKS DEPARTMENT
Seq.:3221834
weather above.Portable stages should have a weather monitoring station attached to them and manufacturers wind ratings strictly adhered to.Artist
will not perform if lightning is with in a ten(10)mile radius.C.Opening Acts 1.If the stage size is smaller than 32'X24',duo's&trios are
acceptable.NO FULL BANDS!2.Stage sizes that are 32'X24'or larger—opening acts need to be discussed with management during advance for
final approval.D.Special Note about opening acts.1."However,we have asked for a minimum stage size of 24X20 and at that size we would only
approve opening acts that are solo or duo acts.There simply is not enough real estate on stages that small to,minimally,have enough room for
everyone.If there is going to be a full band opening act the stage size needs to be 32X24 to accommodate a good"comfortable"show."
VI.Labor Requirements
A.Purchaser to provide and pay for six(6)English speaking people as required by Artist for load in and load out.
B.If no ramp is available to easily move equipment on and off the stage the buyer needs to have a forklift or other machinery to assist with load in
and load out.
Production Contact: Corey Smith
+1(812)987-9020(off.)
corey.smith@chays.net
6. TRANSPORTATION AND ACCOMMODATIONS:
a)Air transportation:
b)Accommodations:-Purchaser to provide and pay for hotel accommodations consisting of one(1)single and four(4)double rooms as required by
Artist.
c)Air freight and excess baggage:
d)Ground transportation:
e)Meals and incidentals:
f)Other:
Any changes to the above-mentioned arrangements are subject to the sole and exclusive prior written approval of PRODUCER.
7. SPECIAL PROVISIONS:
-Buyer to hold all ads and mentions of Artist until 11/16/24.
-All proposed announce and on sale dates must be sent to Tony Conway(tonyc@conwayent.com)for approval.
-Production Advance:todd@oklahomaproaudio.com(405)234-0104
-Purchaser to provide ticket counts to WME/Nashville on Mondays and Thursdays.Counts should be called in to 615-963-3352 or e-mailed to
nashticketcounts@wmeagency.com by 12:00 Noon CST on ticket count days.
-Purchaser will not sell or accept any gift in return for an ARTIST Meet&Greet without prior written approval from ARTISTS Management.
-No Meet&Greets
-If at any time,the Producer/Artist does not feel the Engagement is in compliance with applicable COVID-19 regulations,laws,or rules,and/or feels a bona fide
concern for the Artist's(or any of their touring parry's)health and safety and/or does not feel comfortable providing the performance as contemplated under the
Agreement,the Producer/Artist may cancel the performance without liability,and such failure to perform shall not be deemed a breach of this Agreement.
-Purchaser acknowledges and agrees that Producer has the right to cancel the Performance without liability if any tour date(s)before and/or after the Engagement
are,or become,no longer viable for the Producer/Artist.In such circumstances,the Producer shall return any amount of the Guarantee deposit that it holds,the
Producer's/Artist's obligations and liabilities hereunder shall terminate;and this shall be the sole right and remedy of the Purchaser in connection therewith.
Artist shall not perform a publicly advertised engagement within 60 miles of the applicable Venue,for a period of 7 days prior to or 7 days
after the performance of the Engagement at this applicable Venue.
Notwithstanding the foregoing,Artist shall NOT be precluded from performing the following:
(i)private performances which are not publicly advertised and for which tickets are not sold to the general public;
(ii)charitable events or multi-Artist charity concerts;
(iii)any non-performing appearances(whether public or private);
(iv)radio and/or TV appearances or performances,including,without limitation TV specials,televisions news,
talk shows,and award shows.
Agreement dated 22-October-2024 MARK CHESNUTT
Page 2 of 9 CITY OF JEFFERSONVILLE—PARKS DEPARTMENT
Seq.:3221834
8. ARTIST RIDER:
PURCHASER shall provide and pay for all terms and conditions contained in the ARTIST rider and shall fully comply with all provisions thereof.
9. CURRENCY AND EXCHANGE RATE:
10.PAYMENT TERMS:
a.DEPOSIT in the amount of$15,000.00 USD shall be paid to and in the name of PRODUCER's agent,WILLIAM MORRIS ENDEAVOR
ENTERTAINMENT,LLC,to be received not later than 09 Jul 2025;(50%deposit due 30 days prior;a fully executed contract is not required to
release funds)
All deposit payments shall be paid via certified or cashier's check sent to:
WILLIAM MORRIS ENDEAVOR ENTERTAINMENT,LLC
ATTN:Abby Wells Baas
1201 Demonbreun Street,15th Floor
Nashville,TN 37203
USA
OR via bank wire as follows:
CITY NATIONAL BANK ABA no.:064009445
1005 17th Ave.S William Morris Endeavor Account No.:684001426
Suite 600 ORG:City of Jeffersonville-Parks Department /REF: Mark Chesnutt/Aug
Nashville,TN 37212 09,2025
WME booking code: PAC 1078990
Please be sure to specify the following to avoid confusion and/or misapplication of funds: your company name
(as sender),name of the artist,start date of the En a ement(s).
b. BALANCE of the monies shall be paid to and in the name of PRODUCER by certified or cashier's check or bank wire(as designated by
PRODUCER),to be received by PRODUCER not later than prior to the first show of the Engagement.
c. Earned percentages,overages and/or bonuses,if applicable,are to be paid to PRODUCER in cash(if requested by PRODUCER,and to the
extent permitted by law),or by certified or cashier's check or bank wire(as designated by PRODUCER),immediately following the last show of
the Engagement.
d. In the event the full price agreed upon to be paid by PURCHASER does not include percentages or overages,and the actual gross box office
receipts from the Engagement exceed the gross potential as stated herein,such amounts shall be paid in full to PRODUCER in cash(if required by
PRODUCER and to the extent permitted by law)or by certified or cashier's check or bank wire(as designated by PRODUCER),immediately
following the last show of the Engagement.
11. SCALING AND TICKET PRICES:
CAP. TYPE PRICE COMPS KILLS SELLABLE FAC.FEE PARKING CHARITY TIC.FEE VIP SCNDRY OTHER NET PRICE GROSS POT.
Sat 09 Aug 8:00 PM 7,000 GA Standing 0 0 0
7,000 0 0 0
SCALING NOTES:
-Free show ADJUSTED GROSS POTENTIAL:
-Outdoor show I Covered stage
TAX:
NET POTENTIAL:
Agreement dated 22-October-2024 MARK CHESNUTT
Page 3 of 9 CITY OF JEFFERSON V ILLE—PARKS DEPARTMENT
Seq.:3221834
Ir
12. EXPENSES:
—
TYPE TFLAT AMOUNT %AMOUNT PER TICKET MAX AMOUNT NOTES ...K.
Production S800 00 '. -.... _
buyout
Expense Totals: V100.00
PURCHASER understands that PRODUCER has relied on the above show expenses. PURCHASER agrees to furnish PRODUCER,not later than
settlement of the Engagement(s)with a final statement of actual expenses,including certified paid bills,reccipLs,advertising tear sheets and venue
contract. lithe final actual expenses total less than the expenses stated herein,then the split figure ur total expenses used to determine the
percentage of the net,will be reduced by the dilTerencc between the total expenses previously submitted by PURCHASER and the total actual
expenses Any increases to the above expenses arc subject to PRODUCER's approval.
13.MERCHANDISING:
Artist sells;All Merchandise: 100 00%of proceeds to ARTIST
14.VISAS AND WORK PERMITS:
IS.TAX ES:
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111.t('!l!i!)HERE I)) I\l t 1 I/.!.P 1.\'(I li/rUN.t//l i lIE/i L7.V Ill l:I;/•E//ff\t'lS.
IN WITNESS W+HEREOF-the parties here r.have hereunto set their names and seals on the day and year first above written
of eadw
714- 1111
CITY OF Jl t;Fh.RSnNVILLE—PARKS DEPARTMENT NADA DINERO,INC`1
Lisa Carter Fed ID:62-14479I8
500 Quartermaster Court
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Jeffersonville,IN 47130 a��� q •�Q1ucX�y��
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Agreement dated 22-October-2024
Pope 4 of MARK CHESNUTT
CITY OF JEFFERSONVILLE PARKS DEPARTMENT
Scq'3221834
i
ADDENDUM"A"
ADDITIONAL TERMS AND CONDITIONS
A.COMPENSATION
(1)Unless otherwise specified, all payments shall 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 date),of the net admissions prices for the
entertainment presentation and shall further disclose any added charges and applicable tax in connection therewith.
(2)In 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 performance.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
(1)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 scaling 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 scaling set forth on the face page of this Agreement or as otherwise agreed in writing by the parties,or(ii)the actual 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,all 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 settlement 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 in PRODUCER's sole discretion.
C.FACILITIES
(1)PURCHASER agrees to furnish at its sole cost and expense on the date(s),time(s)and place(s)of the performance(s)all that is necessary for the proper and lawful
presentation of the Engagement,including,without limitation,a suitable venue,well-heated,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 PURCHASER 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 from
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 PRODUCER's regular company.
(4)PURCHASER agrees to pay all amusement taxes,if applicable.
(5)PURCHASER shall comply with all regulations and requirements of any union(s)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 will fiirnish at its expense all necessary facilities, electricians, stage hands and other personnel for lighting and dress
rehearsals.PURCHASER shall furnish 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).
(8)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.
Agreement dated 22-October-2024 MARK CHESNUTT
Page 5 of 9 CITY OF JEFFERSONVILLE—PARKS DEPARTMENT
Seq.:3221834
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 performers 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 are 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 obligation under this Agreement,then PRODUCER's and ARTIST's obligations hereunder will be fully 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 performance(s)which
PRODUCER may have rendered up to the time of the inability to perform by reason of such Force Majeure Event;and(ii)in the event of such non-performance as a result of
a Force Majeure Event,if ARTIST is ready,willing,and able to perform(but 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,willing 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 performance(s)by PRODUCER or ARTIST contemplated by this Agreement
impossible,infeasible or unsafe:acts of God;act(s)or regulation(s)of any public authority or bureau,civil tumult,epidemic,act(s)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 of ARTISTs 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(s)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 costs incurred in connection with this Agreement.
H.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,
"ARTISTs Likeness")in connection with PURCHASER's advertising and publicizing of the Engagement,however PURCHASER's use 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 ARTISTs 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,but not limited to,
articles of clothing(i.e.T-shirts,hats,etc.),posters,stickers,etc.,on the premises of the place(s)of performance without any participation in the proceeds by PURCHASER
subject,however,to concessionaire's requirements,if any,as specified in this Agreement.
Agreement dated 22-October-2024 MARK CHESNUTT
Page 6 of 9 CITY OF JEFFERSONVILLE—PARKS DEPARTMENT
Seq.:3221834
J.NO RECORDINGBROADCAST
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,webcast,or otherwise reproduce the visual and/or audio performances hereunder(or any part 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,at 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 further 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
(1)In the event PURCHASER refuses or neglects to provide any of the items herein stated 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'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 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 reimbursements 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 with 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's opinion unsatisfactory,PRODUCER shall have the right to demand payment of the
full 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 have 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
(1)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 furnishing liquor,or from 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 less 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($5,000,000)per occurrence;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.)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($10,000,000)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($15,000,000)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 state(s)of the Engagement(s)with A.M.Best ratings not less 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 furnished 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's rights or PURCHASER's obligations
hereunder.Upon request,PURCHASER shall immediately furnish to PRODUCER/ARTIST a full 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 attomey's fees and legal expenses,incurred or suffered by or threatened against PRODUCER or ARTIST or any of the foregoing in connection with or as a result
of any claim including without limitation,a claim 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 22-October-2024 MARK CHESNUTr
Page 7 of 9 CITY OF JEFFERSONVILLE—PARKS DEPARTMENT
Seq.:3221834
M.ROLE OF AGENT
WILLIAM MORRIS ENDEAVOR ENTERTAINMENT,LLC acts only as agent for PRODUCER and assumes no liability hereunder and in furtherance thereof and for the
benefit of William Morris 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 acts 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 party 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(or any third party)for any indirect,incidental,consequential,special,punitive(or exemplary),or any similar damages,including,without limitation,lost
profits,loss of revenue or income,cost of capital,or loss of business reputation or opportunity,as to any matter under,relating to,or arising out of the Engagement or the
transactions 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 out-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 terms of this Agreement.PURCHASER
agrees that it shall not(and shall cause its affiliates not 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
(I)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 limited 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,at Purchaser's
expense,with all applicable laws,rules,and regulations in relation to its operations and performance of its obligations 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 not limited to,the United Nations Security Council,the
Council of the European Union,the European Commission,the relevant competent authorities of individual European Union Member States,the United States 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 sanctions,export controls,trade
embargos or any other restrictive measures,including but not limited to those measures which prohibit or otherwise restrict either parry's ability to make a service available
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 ownership 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 laws and regulations,including,but not limited to,the US Foreign Corrupt Practices Act,the UK Bribery Act and the laws
of the country in which any transactions are made or services are provided under this Agreement. Purchaser further agrees that Purchaser and any person or 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 party,official of a political party,or candidate for public office;(iii) any 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 22-October-2024 MARK CHESNUTT
Page 8 of 9 CITY OF JEFFERSONVILLE—PARKS DEPARTMENT
Seq.:3221834
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.
(5)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 of that 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.
(8)The waiver of any breach of any provision of this Agreement shall not be deemed a 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.
(11)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(1)and
the same instrument.Delivery of an executed counterpart of a signature page to this Agreement by telecopier 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 22-October-2024 MARK CHESNUTT
Page 9 of 9 CITY OF JEFFERSONVILLE—PARKS DEPARTMENT
Seq.:3221834
ARTIST CONTACTS
ARTIST MANAGEMENT/TOUR MANAGER
Delaney Jackson
615-308-5715
guitardj64@gmail.com
FOR APPROVED PHOTOS
www.markchesnutt.com
Click on the Press link (password is Mark)
FOR ONLINE PRODUCTION RIDER AND STAGE PLOTS
www.markchesnutt.com
Click on the Press link (password is Mark)
PRODUCTION MANAGER
Todd Davis
405-234-0104
todd(a)oklahomaproaudio.com
ARTIST BOOKING AGENCY
WME
Risha Rodgers
1201 Demonbreun Street, 15tn Floor
Nashville, TN, 37203
615-963-3397
RISH@wmeentertainment.com
I INITIAL
Mark Chesnutt
Contract and Production Rider
Index
Page
2 Contract Page
Assignment
Modification
Preemption/Cancellation
Legal Warranty Forum
Billing
3 Creative Content
Insurance/ Liabilities
3-4 Ticketing! Box Office
4 Taxes
4-5 Publicity!Advertising/ Promotion
Audio &Video Taping/ Broadcasts! Internet
Meet& Greets/Autographs
5 Merchandising
International Travel
6 Vehicle Parking/Ground Transportation
Dressing Rooms
Production Office
7 Artist Contacts
8 Production and Show contacts
9 Catering
11 Production Rider
Representation
Labor
12 Production Addendum for Outdoor Show
12 Fly Date Equipment Requirements
12 Backline Advance
2 INITIAL fl.y-
CONTRACT RIDER
AS OF JANUARY 2023
This rider is herewith attached to and made part of the contract dated made between
Mark Chesnutt Inc.., f/s/o ARTIST (herein referred to as "ARTIST") and
(herein referred to as
"PURCHASER")for the agreement at in
on
The purpose of this rider is to spell out in as specific detail as possible those items and services
that the ARTIST feels important to make this event as successful as possible, benefiting the
PURCHASER, ARTIST and audience.
ASSIGNMENT
PURCHASER shall not have the right to assign this agreement, or any provision thereof. ARTIST
shall have the right at any time to assign its rights and/or delegate its obligation hereunder, in
whole or in part to any person,firm, or corporation working on ARTIST's behalf.
MODIFICATION
This agreement constitutes the parties entire understanding and may not be modified except in
writing, signed by both parties. PURCHASER may not attempt to vary ant term set for herein:
any modification to the Agreement will not be valid until the change has been dated and initialed
by ARTIST's Management.Any purported modification made by PURCHASER and not approved
by ARTIST's Management will, at Management's sole option, invalidate entire Agreement and
release ARTIST from any obligation to PURCHASER.
PREEMPTION/CANCELLATION
1. If PURCHASER fails to comply with any of the terms, conditions or requirements of this
rider,ARTIST shall have the right to refuse to perform and shall be entitled to full
compensation under this agreement.
2. PURCHASER agrees that ARTIST may cancel this engagement hereunder without
liability by giving PURCHASER notice thereof at least thirty (30)days prior to
commencement date of the engagement in the event of a television show, television
special, motion picture, or Nevada or Las Vegas style engagement.
3. FORCE MAJEURE-ARTIST's obligation to furnish the entertainment unit referred to
herein is subject to the detention or prevention by sickness, inability to perform,
accident by means of transportation, act of God,fire, riot, or the events of any kind
character, whatsoever, whether similar or dissimilar to the forgoing events, beyond the
ARTIST's control, which could prevent or interfere with the presentation of the show.
4. INCLEMENT WEATHER-Notwithstanding anything contained herein, inclement weather
shall be deemed a force majeure occurrence provided the ARTIST is ready,willing, and
able to perform, and the PURCHASER shall remain liable for payment in the occurrence
of such weather conditions. ARTIST shall have the sole right to determine, in good faith,
whether any such weather conditions shall render the performance impossible,
hazardous or unsafe.
LEGAL WARRANTY/FORUM
PURCHASER warrants that he/she has the right to enter into this contract and is of legal age.
The validity, construction and effect of this contract shall be governed by the laws of Davidson
County, Nashville, Tennessee, USA.
1
BILLING
1. ARTIST to receive 100% Star Billing in all advertising and publicity, including marquee.
2. Artist to "Close the Show" unless otherwise stated on the face of the contract.
3. When performing as the support or opening act,ARTIST shall receive 100% "Special
Guest Star" billing in any and all advertising, marquee, programs and any other forms of
publicity and promotion.
3 INITIAL
CREATIVE CONTENT
1. The creative control of content and length (as stated on contract) of entire presentation
are is at the sole discretion of the ARTIST.ARTIST's production staff shall have
complete control over all technical aspects of ARTIST's show, including opening acts.
2. ARTIST shall approve any and all opening acts.
3. PURCHASER agrees that ARTIST's staging, equipment set-up and soundcheck
overrides opening act(s)staging, equipment set-up and soundcheck.
4. ARTIST shall have the right to approve, or make changes to,the length of the support
act(s) performance and program.
5. ARTIST shall have final approval or disapproval of their use.
6. PURCHASER will have a fully authorized representative on hand from stage call through
the completion of the load-out to deal with any contingency that might arise.
INSURANCE/LIABILITIES
1. PURCHASER agrees to provide the comprehensive general liability insurance (including,
without limitation, coverage against any and all injury to persons' property as a
consequence of the installation and/or operation of the equipment and instruments
provided by the ARTIST and/or its employees, contractors, and agents). Such liability
insurance shall be in the amount required by the venue, but in no event shall it be less
than One Million Dollars ($1,000,000.00) combined limit for bodily injury and property
damage. Such liability insurance shall be in full force and in effect at all times ARTIST or
any of the ARTIST's agents or independent contractors are in the place of performance.
ARTIST and its agent for this engagement shall be listed as additionally named insured
under such insurance and this shall be indicated on the pertinent certificate of
insurance. PURCHASER also agrees to provide a policy of Workman's Compensation
covering all the PURCHASER's employees and third party contractors. PURCHASER
further agrees to provide full all risks coverage for all equipment provided by ARTIST
and /or its employees, contractors or agents against fire, theft, vandalism, riot, or any
kind of act causing damage to, or loss of, the equipment provided. Certificates of
insurance relating to the coverage listed above shall be provided to the ARTIST at least
fifteen (15)days prior to the engagement.ARTIST's failure to review such insurance
certificates shall not affect rights or the PURCHASER's public liability insurance.
2. PURCHASER agrees it indemnify and hold harmless ARTIST and its employees,
contractors and/or agents from and against any claim or cost (including attorney's fees
and court costs).
TICKETING/BOX OFFICE
1. ARTIST to have twenty (20)top priced, complimentary tickets available for each show at
no charge.These are to be made available to ARTIST's Tour Manager as early as
possible on the day of show. (these may not always be needed, so it can be discussed
with Tour Manager during the advance work of the show)
2. In instances where the ARTIST is being paid on a percentage basis, PURCHASER agrees
to provide to the Tour Manager at least two(2)weeks prior to the date of performance, a
plot plan and printers manifest of the house (notarized, signed statement from the
printers of tickets, listing quantity of tickets printed at each price). PURCHASER further
agrees to have on hand at place of performance the day of show,for verification by the
Tour Manager, all unsold tickets. ARTIST shall be compensated for the difference
between the number of all unsold tickets on hand shown to its representative and the
number of tickets printed as shown on the manifest. If PURCHASER violates any of the
preceding paragraphs, it shall be deemed that the PURCHASER has sold a ticket for
every seat in the house (and any permitted standing room) at the highest price for which
the house is scaled. PURCHASER further agrees to give ARTIST's Tour Manager the
right to enter the Box Office at any time and examine and make extracts from the Box
Office records of PURCHASER relating to gross receipts of this engagement. A written
box office statement certified and signed by the PURCHASER, will be furnished to the
ARTIST within two (2) hours following each performance.
3. PURCHASER may not sell tickets to this performance as part of a subscription to a
series of concerts without the written consent of ARTIST. All tickets printed under the
manifest shall be in the one stub, one price variety. There shall be no multiple ticket
prices printed (i.e. one price for students and a different price for general admission
4 INITIAL Th
printed on the same ticket, or one price for tickets purchased in advance and a different
price for tickets purchased at the gate on the same ticket).
4. If PURCHASER violates any of the above, he shall be liable for the total number of
tickets sold at the highest price printed. All tickets shall be printed by a bonded ticket
house (Globe Tickets,Arcus-Simples)or, if the performance is at a college or university,
the official printing department of that college or university. PURCHASER agrees not to
discount tickets, nor offer tickets at a premium without first obtaining written permission
from ARTIST. If PURCHASER does distribute discount or complimentary tickets without
obtaining prior approval from ARTIST, he shall be liable for the full ticket price of each
such ticket sold or distributed.
5. Any tickets printed beyond capacity listed on the contract must be approved by
ARTIST's Management. ARTIST is to receive %from the sale of these
additional tickets.
6. ARTIST's Tour Manager will approve all expenses to be paid by ARTIST on day of show.
7. ARTIST is to be paid his guarantee before his performance. If requested, cash out
settlement to be given to ARTIST's Tour Manager on day of show.
8. PURCHASER agrees to distribute no more than two percent (2%) of the official house
seating as complimentary tickets relative to this performance. PURCHASER must supply
ARTIST's Tour Manager with a statement detailing for whom each ticket was given. Each
ticket will be issued as a fully punched ticket only. PURCHASER agrees to supply radio,
television, and newspaper personnel with complimentary tickets from the above
mentioned allotment.
9. PURCHASER agrees that if no admission is charged to any part of the audience for the
engagement hereunder, this condition must be stated on the face of the contract. If, at
the engagement,there is any evidence that admission is, or was, being subsequently
charged, PURCHASER agrees that ARTIST will receive 100% of the admission receipts
collected.
10. PURCHASER will clearly print the specific capacity, gross potential and the ticket price
breakdown of the facility at which ARTIST is to perform under the agreement on the face
of the contract that this agreement is attached to. In the event ARTIST is to receive a
percentage of the gross receipts for this engagement pursuant to the terms hereof, 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 the event less than the full retail ticket price for all persons entering the
performance with no deductions of any kind, less only state,federal or local taxes and
allowable discounts as approved by ARTIST in writing. PURCHASER agrees to scale
ticket prices for the engagement of guarantee potential gross receipts of no less than
11. This contract reflects the total sale price. No monies are to be added on top. ARTIST and
ARTIST's Management pay no commission to anyone.
12. PURCHASER shall not disclose the terms of this agreement to anyone whatsoever
without ARTIST's written consent. No figures (attendance, money gross, capacities,
tickets sold)or press releases can be released without approval from ARTIST's
Management.
TAXES
All federal, state and local taxes are to be paid, without exception, by the PURCHASER. It is fully
understood and agreed that no deductions whatsoever are to be taken from the ARTIST's
contract guarantee or any and all percentage amounts earned hereunder.
PUBLICITY/ADVERTISING/PROMOTION
1. PURCHASER shall not commit ARTIST to any interviews, personal appearances, or any
other type of promotion without prior written consent of ARTIST's Management.
2. ARTIST's Management reserves the right of approval of all radio,television and
magazine interviews accepted in conjunction with this engagement. A complete list of
radio stations and newspapers being used in the promotion of this event must be faxed
immediately to ARTIST's Management. PURCHASER agrees that any "presenting" radio
stations must be approved by ARTIST's Management. No radio station "presents" may
be confirmed without prior written approval from ARTIST's Management.
5 INITIAL alga
3. No one can Sponsor ARTIST. No name shall be printed on tickets (i.e. Coors Beer, Pepsi,
etc.) unless approved by ARTIST's Management.ARTIST reserves right to hang
promotional signs, or have ARTIST's sponsor's name printed on tickets.
4. ARTIST's logo should always be reproduced EXACTLY as specified.
5. ARTIST's Management must approve any and ALL radio, television and print advertising
used for publicity purposes. Management can be contacted at the following:
Delaney Jackson 615-308-5715 quitardj64Agmail.com
6. For approved photos and press book: www.markchesnutt.com Click on Press
link (password is Mark)
7. PURCHASER agrees not to advertise date until a fully executed contract has been
received from ARTIST.
8. PURCHASER shall only use photographs supplied by ARTIST or ARTIST's agency.
9. PURCHASER hereby accepts full liability and responsibility for the payments of any and
all expenses, charges, losses, liabilities, and damages related to or based upon the
presentation or production of the show in which ARTIST is to appear.This also deals
with advertising, ticket printing, security and rider requirements.
AUDIO & VIDEO TAPING/BROADCASTS/INTERNET
1. ARTIST shall retain final approval and control over any and all audio and video ads aired
at the venue from load-in throughout load-out.
2. Audio and Video taping of any kind shall not be allowed during the performance without
prior written approval from ARTIST's Management.
3. It is agreed that it is the PURCHASER's responsibility to post No Audio or Video Taping
signs at the entrances to the venue.
4. PURCHASER agrees that the use of any portion of ARTIST's performance shall not be
used or"given" under contract for event or festival or single appearance to any form or
function that could be used on the internet(i.e. Live streaming, MP3 files, QuickTime
files, etc.).
5. All photographers onstage or in the backstage area are to be approved by ARTIST's
Tour Manager.
MEET & GREET/AUTOGRAPHS
1. PURCHASER shall not commit ARTIST to any aftershow autograph sessions without
prior written consent of the ARTIST.ARTIST reserves the right whe er or not to
participate in such sessions.
2. PURCHASER agrees to provide a secure area in w h i" he public. This area
MUST be staffed by competent security p . (in session proceeds in
a safe and orderly manner.
3. All autograph lists or s -ci A ut r re I " t .; to ARTIST's Tour
Manager upon arr'
4. All Meet r 'T pro # z $11 I WIS anagement no less than five
(5) days • - p will - - 'ed in accordance with these requests.
5. All thos n i reet must have proper credentials.
6. PURCH a • ui able, clean, well lit, and heated or air conditioned area
for Meet . area should be SECURE and accessible from the backstage area.
7. ARTIST es the right to limit the participation of Meet& Greets (i.e. number of
photos, number of autographs, etc.).
8. PURCHASER will not sell or accept any gift in return for an ARTIST Meet& Greet without
prior written approval from ARTISTS Management.
MERCHANDISING
1. ARTIST shall have the sole and exclusive right, but not obligation, to sell merchandise at
the engagement.
2. ARTIST shall be allowed to sell merchandise at no cost to ARTIST.
3. PURCHASER shall prohibit the sale of any "bootleg" merchandise.
4. PURCHASER shall not sell any items with ARTIST's logo or any likeness or facsimile
thereof without the written permission of ARTIST's Management.
5. No other artists shall pay less to sell their merchandise than ARTIST.
6. PURCHASER shall provide four(2)six(6')tables in a conspicuous location for the sale
of ARTIST's merchandise. q-kh
6 INITIAL
7. PURCHASER shall provide adequate cover, lighting and 110volt service at the
merchandise area(s).
8. ARTIST shall have permission from venue and promoter to sign autographs for the
general public after the show is completed. ARTIST's Tour Manager will discuss in
advance of date if ARTIST will sign autographs. DO NOT ASSUME that the ARTIST will
sign after the show.
9. ARTIST's Tour Manager reserves the right to control house sound system during
ARTIST's signing.
INTERNATIONAL TRAVEL
In the event that the place of performance is outside the boundaries of the United States,
PURCHASER agrees to procure, at his sole expense,for the ARTIST and party, all of the
necessary visas, work permits and other documents of any nature whatsoever necessary or
usually obtained to enable the ARTIST to render his services hereunder. Also, PURCHASER
shall be responsible for, and indemnify and hold ARTIST harmless, from and against all local,
municipal, country and governmental taxes, fees and levies on all income earned by ARTIST or
ARTIST's employees while in the country or countries covered by this contract.
VEHICLE PARKING/GROUND TRANSPORTATION
1. Parking with security must be provided for one (1)forty-five (45') tour bus pulling a
Trailer in close proximity to the stage.This must be controlled by security with NO
PUBLIC ACCESS! Please provide barriers or fencing if parked in public place.
2. Parking is required for a period commencing sixteen (16) hours prior to the performance
and continuing up to five (5) hours following the performance.
3. PURCHASER shall provide one (1)sixty (50) amp 240 volt single phase,4 wire service
shore power for bus. Service must be within fifty (50)feet of bus parking.
4. PURCHASER shall provide one (1) runner to be at the ARTIST sole use and shall answer
directly to ARTIST's Tour Manager and ARTIST's Production Manager at no expense to
the ARTIST. Runner shall have a vehicle that is capable of carrying at least nine (9)
passengers. Runners must be at least twenty-one (21)years of age, have a strong
knowledge of the local area, be willing to purchase alcohol and tobacco and have a
cellular phone. This number needs to be given to Tour Manager upon advance of the
show.
5. FLY DATE- In the event that the ARTIST and ARTIST's employees are arriving air,
PURCHASER agrees to provide one (1)twelve (12) passenger van for band and crew,
and one (1) CARGO VAN (no seats) for gear and luggage. No EXCEPTIONS. These
vehicles should be available per a schedule that will be forwarded prior to scheduled
show date.These vehicles will also be required for the ARTIST's return to airport also.
DRESSING ROOMS
1. PURCHASER shall provide a clean, comfortable, and well-lit, heated or air-conditioned
dressing room with a electrical outlets, and washroom/shower facilities to accommodate
the ARTIST's staff in reasonable comfort. This should include chairs and tables. In the
event that dressing rooms are not available, ARTIST's Tour Manager must approve other
arrangements when date is advanced.
2. Dressing room is to be secure at all times.
3. Twelve (12) bath-sized towels and six bath size bars of soap are to be provided and
placed in band dressing room prior to load-in
4. ARTIST shall not be required to share dressing rooms with other performers.
PRODUCTION OFFICE-optional if discussed with Tour manager during advance
One clean, heated and air-conditioned room shall be designated as a Production Office,to be
used solely by ARTIST's Tour Manager and Production Manager.This room shall include desks
or table and chairs to allow ARTIST's staff to conduct business in as normal a way as possible.
4
4 7 INITIAL "lb
4
CONTACT INFORMATION
***Please fill out this sheet as best as possible and return it with signed contract
PROMOTER
Name : Phone:
Email/fax: Other:
VENUE
Name : Phone:
Email/fax: Other:
PRDUCTION/STAGE MANAGER
Name : Phone:
Email/fax: Other:
SOUND COMPANY
Name : Phone:
Email/fax: Other:
LIGHTING COMPANY
Name : Phone:
Email/fax: Other:
CATERING
Name : Phone:
Email/fax: Other:
GROUND TRANSPORTATION
Name : Phone:
Email/fax: Other:
PRODUCTION OFFICE
Line 1 Line 2
8 INITIAL,Ailp
CATERING
The PURCHASER agrees to provide the following catering, at no cost to the ARTIST.All
catering to be presented in the highest possible standard of quality, cleanliness, hygiene
and comfort, and in an area both physically and acoustically separate from the general
public and working areas.
1. Please provide assorted beverages all day-THROUGHOUT Load-out.
2. ARTIST's Tour Manager will be available for an advance of catering. Please feel
free to call him with questions.
3. Artist's daily schedule typically begins at 12:00pm therefore eliminating the need
for breakfast. However, to make sure all times and requirements must be
advanced with the Artist Tour Manager prior to day of show.
4. Please mark all dressing rooms with signage for everyone's convenience.
5. Everything cited has a specific reason for being there. Please do not substitute
or delete any items without consulting with Tour Manager.
CHECKLIST FOR THE DAY'S CATERING
Agreed upon time for lunch: (Tour manager will let you know number of people as this
varies depending on bus date or fly date)
Begin service for band and crew
Artist Bus Stock to be delivered to bus upon arrival
Agreed upon Dinner service: (This will also be per advance with Tour manager)
When show concludes.
After show food to be delivered to ARTIST's Bus (or during fly dates, as per advance)
Upon arrival (exception for fly dates per advance w/ Tour manager)
MARK CHESNUTT BUS
DELIVERY TIME: UPON ARRIVAL
PLEASE NOTE:ALL ITEMS ARE NOT ALWAYS NECESSARY AND CAN BE DISCUSSED DURING THE ADVANCE
(1) 12-pack Coca-Cola Classic cans(not iced)
(1) Box of Community or 8'oclock coffee for Keurig coffee maker
(1) Small box of black tea for Keurig
(1) 12-pack Dr Pepper(not iced)
(1) 12-pack of Sprite(not iced)
(1)6-pack of Ginger Ale(not iced)
(1) 12-pack Diet Coke cans(not iced)
(1)Package of Large Coffee Cups
(1) Bag of assorted chips for the bus- I have 13 members
(2)Rolls of paper towels
(2) Boxes of Kleenex(or any tissues)
(1)Fruit and Vegetable tray(sliced not whole)
(2)Cases Miller Lite cans(in case form, not iced)
(2)Cases bottled water
(2) Large bags of ice(or equivalent of 201bs)
(1)Package of Solo Cups
(1) Box of assorted plastic utensils(knives,forks,spoons)
(1)Small package of microwavable paper plates and bowls
(1)4-pack of sugar-free Red Bull
9 INITIAL
STAGE SERVICE
Delivery Prior to Show Time
MENU:
(12) 250m1s bottled water
(3) Large plastic cups
(1) Miller Lite six pack (cans or bottles) on ice
(10) Hand towels for the stage
(1) Bag of clean ice
(1) Cooler for above items
NOTE: Check with Stage Manager for location
Dressing room: ARTIST, Band & Crew room
Menu:
(1) Six-pack Miller Lite cans
(1) Six-pack Diet Coke
(1) Coffee service
(12) Bottles water
AFTER SHOW FOOD
This service will be for ARTIST's touring employees
Service will be for 12 people
This can be,for example, Chinese Food, Steak Sandwiches, Pizzas etc.for 12 people
Please consult Tour Manager on options.
END OF CATERING REQUIREMENTS
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10 INITIAL f!
4
Mark Chesnutt
Production Rider— Non Fly Date
JANUARY 2023
Representation
Purchaser will be fully represented on site by either himself/herself or one who is knowledgeable and
has full authority to make decisions concerning the venue and its operation, the local labor
circumstances, and any conditions which will affect any phase of the production.
This representative shall insure the productions timely access to the venue(specific schedule to be set
by the ARTIST'S Production Manager or Producer in conjunction with PURCHASER), ease of access
for tour vehicles and equipment and full reasonable cooperation of building staff and management
during the course of production day.
1. We will supply our own FOH Console, Monitor Console, Mics, Stands, IEM System and risers for a
cost of$800.00.
2. In the event you do not wish for us to supply our own equipment please use the following list as
guidelines for equipment we will accept:The Production Manager must approve any substitutions.
Please call or email us in advance if you have any questions or concerns.
A. FOH Console—Soundcraft Vi Series, Yamaha CL Series, Midas PRO Series. Midas M32's, BehringerX
32's and Yamaha LS 9's will not be accepted!
B. Monitor Console—Same requirements as FOH Console
C. Mic Package—Shure Beta 58 X 4,Shure Beta 91 X 1, Shure Beta 57 X 1, Shure Sm 57 X 1, Audix D2 X
2,Audix D4 X 2, Shure SM 81 X 3
D. Stands—Tripods with Booms X 12
E. IEM System—Shure PSM 900 X 6.
F. Risers—8 X 8 X 2 (1) and 8 X 8 X 1 (2)
3. Electrical Needs—PROVIDED BY THE BUYER!Please provide (4) separate 20 amp drops on the stage.
In addition please supply(1) 20 amp circuit to the FOH location. ALL CIRCUITS MUST BE TIED TO THE
SAME SOURCE AND SHOULD HAVE A DEDICATED GROUND.
4. Staging—PROVIDED BY THE BUYER!24' X 20' minimum. Any stage smaller must be approved by the
Production Manager. Outdoor stages must have a covered top. Stages must have a reliable set of
steps to get on and off the stage.
5. FOH PA System—PROVIDED BY THE BUYER!In order of Preference—JBL VTX or Vertec, D& B, L
Acoustics and Meyer.All other Systems must be approved by the Production Manager.
6. Labor—PROVIDED BY THE BUYER!(6) Hands are needed to assist with load in and load out. PLEASE
PROVIDE AN ADEQUATE WAY TO GET CASES ON THE STAGE. IE. A RAMP OR A FORKLIFT!!! If the push
is more than 50' please provide six(8) hands.
7. Lighting—PROVIDED BY THE BUYER!We are very relaxed on our lighting requirements. We do not
require any moving fixtures nor do we require a spotlight. We do have two very important
restrictions:A. NO STROBE EFFECTS B. NO HAZE
11 1N1T1ALG-
8. Backdrop—We have a backdrop, we will discuss how to hang it during the advance with Production
Manager.
Under no circumstances will Mark Chesnutt agree to strike any of the previous language and replace it
with the terms:
"Artist agrees to House Sound and Lights"
Management will be glad to consider any equipment but we respectfully request a detailed list of your
gear. A simple email or phone call is sufficient.
9. House Sound Location—We will make every attempt to place our equipment where you ask.
However, please keep in mind that the center of the room —stage level—away from obstructions is
the most appropriate place for us.
Thank you very much for selecting us to play your event. We look forward to working with you. If you
have any questions please feel free to reach me at 405-234-0104 or todd@oklahomaproaudio.com.
Sincerely,
Todd Davis
Production Manager
1.
I, ,the authorized buyer of this event, agree to have
Mark Chesnutt provide all equipment as described under sub-section (1).
Or
2.
I, ,the authorized buyer of this event, agree to provide
Mark Chesnutt with the equipment outlined in sub-section (2 A thru F).
12 INITIAL Or.
FLY DATE EQUIPMENT REQUIREMENTS
• FOH console (see CONSOLES in Production Rider)
• FOH processing (see PROCESSING in Production Rider)
• Monitor console must be of professional quality and fully functional with at least 16
aux's, and 40 channels.Acceptable consoles are: Midas XL-250, Midas XL-4, Soundcraft
SM-24, Yamaha PM4000M, and Yamaha PM1D, Yamaha PM5D, Yamaha M7, Yamaha LS9
• Monitor processing (only needed when not providing digital console)
(1) Digital reverb (SPX990, 900, Pro R3,)
• Complete Microphone Package as per input list, stands, cables
• (2) Sure Wireless UHF vocal microphones w/SURE 58 elements
• Lighting requirements as per plot
• All backline as per BACKLINE REQUIREMENTS
• (1115 oassenaer van for Band and Crew
• (11 Carao van (NO SEATS)for sear and luaaaae—Band will be carrvina aear. luaaaae,
suitcases and person bass. Please allow for plenty of carao space!
These vehicles shall be available per a schedule that will be forwarded prior to show
date. All vehicles will be needed for the return trip to airport. See Tour Manager for
questions regarding schedules.
Mark Chesnutt Fly Date Backline Requirements
All Backline should be in good working order and setup and line checked upon the
bands arrival. Thanks in advance.Anything other what's listed below will need to be
discussed with Production Mgr. Prior To show:
Todd Davis
405-234-0104
todd@oklahomaproaudio.com
DRUM KIT
Acceptable Drum Kits :Mapex Saturn, Yamaha, DW, Gretch, Pearl. This is the preferred order.
Please make sure ALL Drum s have new Remo heads. All rack systems will be rejected.
1-22 inch kick
1-5 x 14 snare or 6 x 14 snare with stand (please bring 2 snare stands)
1-12" mounted Rack Tom
1-14" floor torn
1-16" floor tom
4- Double braced cymbal stands
1- Hi hat stand w/extra clutch
1- Drum Throne
2- Kick Pedals ( DW or Mapex Preferred )
1-Thin Drum Carpet 6X6 ( if the riser isn't carpeted )
Cymbals Sabian or Zildjian preferred
1 Set 14" hi hats
1- 17" crash
1- 18" crash
1- 19" crash
1- 20" crash
*Thin or medium thin preferred
KEYBOARDS (uses 2 keyboards)
13 INITIAL I/%
1st Choice Roland RD700 w/ Roland Phantom 6
2nd Choice Motif 8 w/ Motif 6
3rd Choice yamaha P250 w/ Korg Triton
1-2 tier Quick Lock X stand
1-Sustain pedal for bottom board
1-Volume pedal for top board
Please no Kurzweil keyboards
GUITAR AMPS
All Amps should have new tubes or have new tubes on site if needed.
1st Choice 2- Mesa Boogie Nomads or 2 MK4 1-12's or other Mesa single combos
2nd Choice 2- Matchless 1-12's
3rd Choice 2- Rivera 1-12's
4th Choice 2- 1-15 Music Man
Please no Fender amps & Absolutely NO Peavey Amps
ACCESORIES
6- Guitar stands
1- Adjustable stool w/back for pedal steel player
2- Adjustable stool w/back for keyboard player
FOR ONLINE PRODUCTION RIDER AND STAGE PLOTS
www.markchesnutt.com
click on "press" link password is: Mark
PURCHASER DATE NADA DINERO DATE
F/s/o Mark Chesnutt
I.
14 INITIAL`P-