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HomeMy WebLinkAboutMagnolia Blvd.(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: Department: �4r Vendor Name: (74E.f (/A Sign Date: /i _a y —� S— Ending Date: 9/ ! , Amount of Original Contract: .2, Sa O Is this an amendment or change order to original contract? Yes or ‘o-') 4 Amended Contract Amount: Purpose: 4 4 4 For Clerk's Office to fill out Date uploaded to Gateway: f'_ Magnolia. Boulevard - September 5, 2026 Jammin in Jeff 100 West Riverside Drive Jeffersonville, Indiana 47130 United States This PERFORMANCE CONTRACT is made by and between Fatback Artist Management ("ARTIST COMPANY"), and City of Jeffersonville ("PURCHASER") for the engagement listed below, and consists of the terms and conditions set forth below, together with the Additional Terms and Conditions, the Artist's Rider (if any) and any other exhibits and addenda which are attached hereto, each of which are expressly incorporated herein by reference (collectively, this "AGREEMENT"). In consideration of the promises and mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, PURCHASER and ARTIST COMPANY hereby agree as follows: Deal Gsa^.rantee $2,500.00 FREE Ede 7t. $1,250.00 Deposit(50%) - Due November 5,2025 Event Details Event Summary Contract Due Date November 5,2025 Gross Potential $0.00 Event Date(s) September 5,2026 Ticket Sales Tax(0%sales tax) -$0.00 Load-In 3:00 PM(30min)Sat,Sep 5 Net Gross Potential $0.00 Sound Check 3:30 PM (60min) Fixed Expenses+Artist Payout -$2,500.00 Doors 5:00 PM Show Time(Sets TBD) 7:00 PM (240min) Curfew 11:00 PM Expense Summary Total Expenses$2,500.00 Fixed Expenses +Artist Payout $2,500.00 Talent Pay Expense (H) Magnolia Boulevard $2,500.00 Totals $2,500.00 Contacts Jesse Dunn Agent jesse@juniperrootstouring.com (415)509-8581 Dustin Pet Band Manager dustin@fatbackmanagement.com (240)393-8010 Melissa Hersh Band Manager melissa@fatbackmanagement.com (703)268-6535 Jess Stoll Contracts contracts@juniperrootstouring.com (530)368-1117 Ryan Allen Agent ryan@juniperrootstouring.com (606)272-9030 Elizabeth Carter Signatory tyoung@cityofjeff.net Tara Young Marketing, Promoter, tyoung@cityofjeff.n et Contracts Corey Smith Production corey.smith@,chays.net (812)987-9020 Contract Terms Radius Clause: N/A Lodging/Hospitality:Per Advance Powered by Prism.fm It is confirmed that we have read, understood and approve of the terms and conditions set forth in this contract. Artist Purchaser Company Name and Address Company Name and Address Fatback Artist Management City of Jeffersonville 5605 Carter Avenue 500 Quartermaster Court Baltimore, Maryland 21214 United States #205 Jeffersonville, Indiana 47130 United States Name, Relationship to Artist Name,Relationship to Purchaser Melissa Hersh, Band Manager Elizabeth Carter,Signatory Email,Phone Email, Phone melissa c�ilfatbackmanagement.com,(703)268-6535 tyoung@cityofjeff.net Signature, Date Si ature, Date 1//12 7'/ -4 12/8/2025 --- •idirll V1-5 Additional Terms and Conditions 1.PURCHASER will first apply any and all receipts received from the performance to payment required hereunder.All payments must be in full without any deductions. 2.If the payment of ARTIST's share of performance receipts is based in whole or in part on expenses related to the engagement,PURCHASER shall verify all expenses.ARTIST shall have the right to have representation present in the box office at all times.Such representative shall have access to the box office records of PURCHASER relating to gross receipts of this engagement only. 3.FORCE MAJEURE: In the event of sickness or accident to ARTIST, or if a performance is prevented, rendered impossible or infeasible by any act or regulation of any public authority or bureau,civil tumult,strike,epidemic,interruption in or delay of transportation services,war conditions or emergencies or any other similar of dissimilar cause beyond the control of ARTIST it is understood and agreed that there shall be no claim for damages by PURCHASER and that ARTIST's obligations as to performance(s)stated herein shall be deemed waived. In the event of such non-performance for any other reasons than stated here,including but not limited to inclement weather,if ARTIST is ready,willing and able to perform, PURCHASER shall pay the full compensation as defined herein. 4.Inclement weather rendering performances impossible, infeasible or unsafe shall not be deemed a force majeure event and payment of the agreed upon compensation shall be made notwithstanding. If PURCHASER and ARTIST disagree as to whether rendition of the agreed upon compensation shall be made notwithstanding. If PURCHASER and ARTIST disagree as to whether rendition of performance(s)is impossible, not feasible or unsafe because of inclement weather,ARTIST's determination as to performance shall prevail. 5.Cancellation of any event must be made in writing no less than 120 days in advance of scheduled performance. In the event of cancellation between 61 days and 120 days prior to the performance,the PURCHASER will be required to provide a payment of$500 or 25%of the performance fee,whichever amount is greater,to ARTIST at the time of cancellation. In the event of cancellation 60 days or less prior to the performance,the PURCHASER will be required to provide a payment of$1000 or 50% of the performance fee,whichever amount is greater,to be made directly to ARTIST at the time of cancellation. 6.The entertainment presentation to be furnished by ARTIST hereunder shall receive billing in such order,form,size and prominence as directed by ARTIST in all advertising and publicity issued by or under the control of the PURCHASER.ARTIST's name or likeness may not be used as an endorsement or indication of use of any product or service nor in connection with any corporate sponsorship or tie-up,commercial tie-up or merchandising without ARTIST's prior written consent. 7.ARTIST shall have the exclusive right to sell 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. 8.PURCHASER shall not itself, nor shall it permit others to record,broadcast or televise, photograph or otherwise reproduce the visual and/or audio performances hereunder,or any part thereof without expressed written consent of ARTIST or ARTIST's representative. Powered by Prism.fm 9.PURCHASER hereby indemnifies and holds ARTIST,as well as their respective agents,representatives, principals,employees, officers and directors, harmless from and against any loss,damage or expense,including reasonable attorney's fees,incurred or suffered by or threatened against ARTIST or any of the foregoing 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,form or corporation as a result of or in connection with the engagement,which claim does not result from the active negligence of the ARTIST. 10. It is agreed that ARTIST signs this contract as an independent contractor and not as an employee.This contract shall not,in any way be construed so as to create a partnership,or any kind of joint undertaking or venture between the parties hereto, nor make provisions hereof or otherwise. 11.Juniper Roots Touring LLC acts herein only as agent for ARTIST and is not responsible for any act of commission or omission on the part of ARTIST or PURCHASER. In furtherance thereof and for the benefit of Juniper Roots Touring LLC, it is agreed that neither PURCHASER nor ARTIST wilt name or join Juniper Roots Touring LLC as a party in any civil action or suit arising out of; in connection with,or related to any act(s)of commission or omission of PURCHASER or ARTIST. 11.This contract(a)cannot be assigned or transferred without the written consent of PRODUCER,(b)contains the sole and complete understanding of the parties hereto and(c) may not be amended,supplemented,varied or discharged,except by an instrument in writing signed by both parties. The validity,construction and effect of this contract shall be governed by the laws of the State of Massachusetts,regardless of the place of performance.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.The terms "PRODUCER"and "PURCHASER" as used herein shall include and apply to the singular,the plural and to all genders. • Powered by I � \ r-riSm.fm