HomeMy WebLinkAboutBen Sollee (Depot Concert) City of Jeffersonville
Government Contract Coversheet
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within 48 hrs of execution.
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Contract#: 1005559
Agent: Peter Loomis
NEW FRONTIER Phone: 615-321-6152
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Agreement made this date,Friday,January 16,2026 by and between Ben Sollee(hereinafter referred to as"Artist")and Jeffersonville
Parks Department(hereinafter referred to as"Purchaser".)It is understood and mutually agreed that the Purchaser engages the
Artist to perform the following engagement upon all the terms and conditions hereinafter set forth:
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1.Artist: Ben Sollee
2. Engagement Venue: The Depot at NoCo
701 Michigan Ave.
Jeffersonville,IN 47130
United States
3. Date of Engagement: Thursday,May 7,2026 No.Shows:One(1)
4. Schedule: 7:00pm-Doors
8:00pm-Ben Sollee-One:90 min set
5. Billing: 100%Series Billing
6.Age Restriction: All Ages
7. Merchandise: 100%All Merchandise(Artist sells)
8. Compensation: $2,000.00 USD Flat Guarantee
9. Buyer Signed Contract: Buyer signed contract and rider due to New Frontier Touring no later than Friday,January 30,2026
10. Deposits: All payments shall be paid by PURCHASER in United States Dollar(unless otherwise mentioned)by
Cashier's Check,Company Check,or ACH/Wire Transfer
Due Date Amount
2/14/2026 $1,000.00
11. Deposit Remittance:
12. Balance Remittance: The balance of the guarantee shall be paid via cash,cashier's check,or company check directly to
artist.
If applicable,all overages shall be paid via cash,cashier's check,or company check directly to artist.
13.Tickets: Tier Quantity Comps/Kills, Ticket Price Total
Free 600 — -- —
Totals 600 —
Gross Potential:Net Potential: —
14. Event Contacts: Promoter Company Talent Buyer
Jeffersonville Parks Department Amber Powell
500 Quartermaster Court#205 Phone:812-319-3280
Jeffersonville,IN 47130 Email:apowell@cityofjejj.net
15. Radius Clause: 100 miles/10 days prior
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Contract#: 1005559
It is expressly understood by the Purchaser(s)and the Artist who are party to this contract that neither nor its officers nor its
employees are parties to this contract in any capacity and that neither New Frontier Touring nor its officers nor its employees are
liable for the performance breach of any provisions contained herein.
This contract shall not be binding unless signed by all parties hereto.Should any Rider,Addendum and/or Expense Sheet be
annexed to this Agreement it/they shall also constitute a part of this Agreement,and shall be signed by all parties to this contract.
IN WITNESS WHEREOF,the parties have executed this Agreement on the date first above written.
qe.)By: X By: x
SIGNATURE OF PURCHASER SIGNATURE OF ARTIST
Elizabeth Carter Ben Sollee for
Jeffersonville Parks Department Tin Ear Productions LLC
500 Quartermaster Court#205 c/o New Frontier Touring
Jeffersonville,IN 47130 900 South St.,Ste.101
Nashville,TN 37203
(615)321-6152 Fax:(615)783-0974
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Contract#: 1005559
The parties hereto hereby acknowledge that the following additional material terms and conditions are incorporated in and make a part of the Agreement
between the parties hereto.
1.Reproduction of Performance Provision
PURCHASER shall not itself nor shall it permit others to record,broadcast,televise,photograph or otherwise reproduce the visual and/or audio performances
hereunder,or any part thereof.
2.Merchandising Provision
ARTIST shall have the exclusive right to sell any and all types of artist-related merchandise and souvenirs including,but not limited to,articles of clothing i.e.,
T-shirts,hats,etc.)recorded goods,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.
3.Right to Likeness Provision
ARTISTS name or likeness may not be used as an endorsement of any product or service nor in connection with any commercial tie-up without ARTIST'S prior
written consent.
4.Termination Clause
In the event PURCHASER refuses or neglects to provide any of the material items or to perform any of its material obligations herein stated,and/or fails to
make any of the payments as provided herein,ARTIST shall have the right to refuse to perform this contract,shall retain any amounts theretofore paid to
ARTIST by PURCHASER,and PURCHASER shall remain liable to ARTIST for the agreed price herein set forth.In addition,if,on or before the date of any
scheduled performance,PURCHASER has failed,neglected,or refused to perform any contract with any other performer for any other engagement,or if the
financial standing or credit of PURCHASER fails or refuses to make such paynrent forthwith,ARTIST shall have the right to cancel this engagement by notice to
PURCHASER to that effect,and to retain any amounts theretofore paid to ARTIST by PURCHASER and PURCHASER shall remain liable to ARTIST for the agreed
price herein set forth.
5.Sickness or Accident Provision
In the event of sickness or of accident to ARTIST,or if a performance is prevented,rendered impossible or infeasible by any actor regulation of any public
authority or bureau,civil tumult,strike,epidemic,interruption or delay of transportation services,war conditions,or emergencies or any other similar or
dissimilar cause beyond the control of PURCHASER,it is understood and agreed that there shall be no claim for damages by PURCHASER and ARTIST'S
obligations as to such performances shall be deemed waived.In the event of such non-performance for any of the reasons stated in this paragraph,if ARTIST
is present,willing and able to perform,PURCHASER shall pay the full compensation hereunder,otherwise,the monies(if any)advanced to ARTIST hereunder,
shall be returned on a pro-rata basis.
6.Controlling Authority Provision
ARTIST shall have the sole and exclusive control over the production,presentation and performance of the engagement hereunder including but not limited to
the details,means and methods of the performances of the performing artists hereunder,and ARTIST shall have the sole right or may see fit to designate and
change at any time the performing personnel.Provided ARTIST is ready,willing and able to perform at stated date and time,ARTIST'S obligations hereunder
are subject to detention or prevention by sickness,inability to perform,accident,means of transportation,Acts of God,riots,strikes,labor difficulties,
epidemics,any act or order of any public authority or any other cause,similar or dissimilar beyond ARTIST'S control.
7.Weather Provision
Inclement weather rendering performance 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 performance(s)is impossible,not feasible or
unsafe because of inclement weather,ARTIST'S determination as to performance shall prevail.
8.Cancellation Clause
Unless stipulated to the contrary in writing,PURCHASER agrees that ARTIST 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.ARTIST shall also have the right to terminate this
agreement without liability in the event PURCHASER fails to sign and return this Contract within 10 days.
9.Independent Contractor Clause
It is agreed that PURCHASER 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 ARTIST liable in whole or in part for any material
obligation that may be incurred by PURCHASER in PURCHASER'S carrying out any of the material provisions hereof or otherwise.
10.Authority for Inconsistencies Provision
In the event of any inconsistency between the provisions of this contract and the provisions of any riders,addenda,exhibits or any other attachments hereto,
the parties agree that the provisions most favorable to ARTIST shall control.
11.Indemnification Clause
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,
firm or corporation as a result of or in connection with the engagement,which claim does not result from the active and willful negligence,acts or omissions of
the ARTIST.
12.Dispute Resolution Provision
Any claim or dispute arising out of or relating to this Agreement or the breach thereof shall be settled by arbitration in the State of Tennessee in accordance
with the rules and regulations then obtaining of the American Arbitration Association governing panels.The parties hereto agree to be bound by the award of
such arbitration and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
13.Conflict of Laws Provision
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Contract#: 1005559
Nothing in this agreement shall require the commission of any act contrary to 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 the PURCHASER to ARTIST hereunder.If there is any conflict between any provision of this
Agreement and any law,rule or regulation,such law,rule or regulation shall prevail and this Agreement shall be curtailed,modified,limited only to the extent
necessary to eliminate such conflict.ARTIST agrees to comply with hall 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.
14.Escrow Provisions
(Escrow Agent)acts herein only as the Escrow Agent for Producer and is not responsible for any act of commission or omission on the part or either
PURCHASER or ARTIST.In furtherance thereof and for the benefit of(Escrow Agent),it is agreed that neither ARTIST or PURCHASER will name or join(Escrow
Agent)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 and
the PURCHASER and ARTIST jointly and severally agree to hold the(Escrow Agent)harmless from and against any and all expenses,costs,actions,claims,or
liabilities(including reasonable attorney's fees)which may arise in connection with the Escrow Agent's performance of its duties hereunder,except for the
willful misconduct or gross negligence of the Escrow Agent.The Escrow Agent may act or refrain from acting in respect of any matter arising in connection
with the Escrow Fund,shall have no duties or obligations other than as stated herein and shall be protected in acting upon any notice,certificate,or other
communication,not only as to the due execution and the validity and effectiveness of its provision,but also as to the truth and acceptability of any information
therein contained,which it shall in good faith believe to be valid and to have been signed or presented by a proper person or persons.The Escrow Agent shall
not be bound by any notice,or demand with respect thereto,or any waiver,modification,amendment,termination,or rescission of this contract unless in
writing delivered to the Escrow Agent,and if the duties of the Escrow Agent are affected,unless it shall have given its prior written consent thereto.If at any
time there shall be a controversy between PURCHASER and ARTIST with respect to the Escrow Fund,the Escrow Agent may upon notice to PURCHASER or
ARTIST either(i)hold the Escrow Fund until otherwise directed by a written instrument signed by PURCHASER and ARTIST or by an order,decree or judgment
by a court of competent jurisdiction which,by lapse of time or otherwise,shall no longer be or shall not be subject to appeal or review or(ii)deposit the Escrow
Fund in any court of competent jurisdiction pending the final determination of any dispute among the parties hereto.Upon delivery of the Escrow Fund in
accordance herewith,the obligations of the Escrow Agent shall cease with respect thereto and it shall not be required to perform any further acts whatsoever
pursuant to this contract.
15.Assignment/Transfer Provision
This contract(a)cannot be assigned or transferred without the written consent of PURCHASER,(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 Tennessee,regardless of the place or performance.THE PERSON
EXECUTING THIS AGREEMENT ON PURCHASER'S BEHALF WARRANTS HIS/HER AUTHORITY TO DO SO.The terms"PURCHASER"and"ARTIST"as used herein
shall include and apply to the singular,the plural and to all genders.
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