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HomeMy WebLinkAboutJoslyn & TSC (Depot Concert) 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: 4 h `''� LI g 6 Department: C r N Vendor Name: )0(j n 0\f-r. 7tl �r Cntrn.ei4%5( r Sign Date: 6( b Ending Date: � 1 A 111 1 U ti . C•4 Amount of Original Contract: WcQt 0 Is this an amendment or change order to original contract? Yes or Amended Contract Amount: Purpose: CB-i&)T —\-- For Clerk's Office to fill out Date uploaded to Gateway: tiL3.�r ROYAL This Booking Agreement(the"Agreement")is made on January 15, 2026, by and between Joslyn &TSC,% Royal Artist Group, P.O. Box 18223, Portland,OR 97218(hereinafter"Artist"), and Jefferson Parks Department,500 Quartermaster Ct,Jeffersonville,IN,47130, United States(hereinafter"Purchaser")(individually referred to as a "Party"or collectively referred to as the"Parties"). It is understood and mutually agreed that the Purchaser engages the Artist to provide the entertainment generally described as the"Performance"listed herein.The Artist hereby agrees to provide the Purchaser with the "Performance"subject to all of the Terms and Conditions herein set forth. 1. Deal Terms and Payment Schedule The Purchaser hereby agrees to pay Artist Flat Guarantee of$2,000.00 for the Performance(s). Payment fort e Performance(s)are to be paid byCash, Check,ACH Bank Transfer, or Zelle.Additional transaction fees may apply. Artist to be paid in full, rain or shine. Purchaser to provide Stage, Sound and Lights,approved by Artist Deposit due 7 days after contract is issued $ 1,000.00 Balance due on site $ 1,000.00 Payment for the deposit can be remitted one of these ways: • Zelle to: eric.gerber@royalartistgroup.com • Wire/ACH transfer: Bank Info Name:Chase Address:1715 NE 33rd Avenue,Portland,OR Zip Code:97212 Bank Account#:111538259 ACH Routing number:325070760 Wire Routing number:021000021 • Or by check made payable to:Royal Artist Group,LLC If sending by US mail,send to: Royal Artist Group,LLC P.O.Box 18223 Portland,OR 97218 If sending by Fedex or UPS,send to: Royal Artist Group,LLC 2425 NE 50th Street#18223 Portland,OR 97213 2. Events, Performances, and Appearances Artist: Joslyn&TSC Date: July 9,2026 Venue: The Depot at NoCo Address: 701 Michigan Ave,Jeffersonville, IN,47130, United States Event Type: Club Performance Type: Live Set Duration: 90 minutes Schedule: Doors Open 7:00 PM Headliner 8:00 PM Production Contact: Per ADV Accommodation: Purchaser does not purchase accommodation. Ground: Purchaser does not purchase local transportation. Flights: Purchaser does not purchase travel. 3. Production 3.1 Purchaser shall provide and pay for all mutually agreed upon production elements at no cost to Artist. Purchaser hereby warrants and represents that the level of production of the Event and all elements thereof shall be commensurate with Artist's stature in the musical artist market, and shall be appropriate for the size of the Venue, as determined by Artist's Representative. For the avoidance of doubt, unless otherwise expressly agreed in writing between the parties hereto, Purchaser shall be responsible for any and all production costs. 3.2 In the event of a breach of paragraph 3.1 herein above,without limiting any other rights and remedies Artist may have under this Agreement,Artist shall(i)have the right to refuse to perform on the Date of Engagement and (ii)shall be entitled to retain any payments previously made by Purchaser hereunder. 4. Additional Terms • PURCHASER is not to announce or go on sale with event until deposit is received or written permission given from ARTIST • ARTIST reserves the right to control all Public Address systems prior, during, and immediately following show. • Patrons of venue are responsible for full cover charge/ticket price unless PURCHASER makes prior agreement with ARTIST. Patrons without tickets who are in the venue when doors open must either purchase tickets or leave the premises. • At least two able bodied(sober) people to assist at load-in and load-out of the band's equipment. • No smoking in performance space day of show. • No sponsorships on stage or associated with ARTIST's name and likeness without prior consent from ARTIST. • ARTIST has the right to hand in the guest list of 15 names up until doors on the day of performance. • PURCHASER will provide unrestricted access to all members of artist's professional team(i.e. artist's agents, artist's management) by providing true all access credentials upon arrival. • ARTIST must approve ANY AND ALL PROMOTIONAL TEXT sent out for emails, posters, press etc. • ARTIST does not agree to local radio or other press-related interviews, unless expressly approved in writing by management in advance of show. • ARTIST does not agree to participate in meet&greet activities, unless expressly approved in writing by management in advance of show. • ARTIST does not agree to create any exclusive video announcements for promotional purposes, unless expressly approved in writing by management in advance of show. • ARTIST does not grant purchaser the right to stream the show live or on-demand unless expressly approved in writing by management in advance of show. 5. Ticket Scaling 6. Approved Production Expenses The following expenses are approved by the agency. Additional expenses require written approval. Fixed Expenses $0.00 Estimated Variable Expenses $ 0.00 Promoter Profit Estimated Split Point $0.00 i I 4 I 7. Security and Insurance The Purchaser shall guarantee proper security at all times to ensure the safety of the Artist, auxiliary personnel, instruments and all equipment, costumes and personal property during and after the performance. Particular security must be provided in the areas of the stage, dressing rooms and all exits and entrances to the auditorium and the remote mixing console.Security protection to commence upon the arrival of the Artist on the premises. Purchaser shall obtain and maintain,from the date hereof through completion of the Engagement, commercial general liability insurance coverage and shall name Artist, and Agent as additional named insured in an amount of not less than Two Million Dollars($2,000,000)per occurrence(but in no event in amounts less than the limits require by the venue)and workers compensation and employer's liability insurance(including stop gap liability where applicable)with minimum limits of One Million Dollars($1,000,000) per claim(but in no event in limits less than those required by law and/or less than the limits required by the venue and/or as set forth in the Artist rider, if any). 8. Recording, Reproduction or Transmission of Performance Purchaser shall not itself nor shall it permit others to record, broadcast,televise, photograph or otherwise reproduce the Performance without prior written consent of the Artist. 9. Controlling Authority Artist shall have the sole and exclusive control over the production and presentation of the Performance, including but not limited to the details, means, and methods of the performing personnel,and Artist shall have the sole right or may see fit to designate and change at any time the performing personnel. 10. Intellectual Property The Parties acknowledge that the Artist shall perform its obligations under the terms of this Agreement as an independent contractor and not as an employee of Purchaser. As such, all intellectual property rights, including copyrights, arising out of or deriving from the Performance shall be owned exclusively by the Artist. 11. Merchandising (100% Hard, 100%Soft) Purchaser hereby gives permission to Artist to sell merchandise and other Artist-related products before, during and after the Performance. Purchaser shall receive the mutually agreed upon commission with respect to such sale of merchandise or other Artist-related products hereunder. Purchaser shall sell Artist merchandise at festival as reasonably provided by Artist and shall remit 100%of proceeds, less applicable or required taxes,to Artist. 12. Hospitality Purchaser agrees to setup an appropriate performance area that is free from interruption. Purchaser shall provide Artist with a clean and comfortable dressing room or exclusive trailer area. Dressing room is not to be shared with other artists. Other artists can utilize dressing room until 15 mins after their set(s), but then no further access 13. Right to Likeness, Billing, and Promotion Purchaser shall obtain the approval from Agent by e-mail over all advertisements and promotional material (including flyer design)using the Artist's name, likeness and/or logos prior to producing and/or disseminating any such materials. Purchaser shall use the Artist's name, likeness,and logos as provided by Agent in any materials that Purchaser creates that include the Artist. In respect of the Date of Engagement stated herein,Artist shall receive mutually agreed upon festival billing with respect to all artist performances taking place at the Venue on all materials distributed by Purchaser to press and public.Artist shall be billed in no other way without the prior written consent of Agent. Purchaser acknowledges and agrees that the Artist's name or likeness may not be connected in any way with any form of sponsorship or endorsement of any kind, including but not limited to commercial and political,without the prior written consent of Artist.Without limiting the foregoing,there shall be no sponsorship branding on the stage on which the Performance takes place without Agent's prior written approval, which may be withheld in Agent's sole discretion.Artist reserves the right to be meaningfully consulted as to the performing artist who will perform immediately prior to and/or immediately after Artist's set time. 14. Term and Termination a. Term. This agreement shall stay in effect through and including the final engagement date as noted above. b. Termination. In the event Purchaser refuses or neglects to provide any of the items or to perform any of its 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 Agreement, shall retain any amounts paid to Artist by Purchaser, and Purchaser shall remain liable to Artist for the agreed Payment under this Agreement. In addition, if, on or before Date of 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 payment forthwith,Artist shall have the right to cancel this Agreement 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 Payment under this Agreement. 15. Force Majeure The Parties shall be excused from their obligations under this Agreement in the event of proven sickness, accident, riot, strike, epidemic, act of God, or any other force majeure event or occurrence beyond their respective control. Notwithstanding anything to the contrary contained herein,the Performance may be cancelled by either party due to cause(s)beyond the reasonable control of the parties hereto that would render the Performance hereunder impossible or make conditions for the Performance hazardous. Such causes shall include, but not be limited to: acts of God;weather; acts of war; riot; fire; explosion; accident; flood; sabotage or terrorist act; transportation failure or delay;governmental or court ordered laws, regulations, requirements, orders or actions; injunctions or restraining orders; strike(s)or injunction(provided that neither party shall be required to settle a labor dispute against its own best judgment),technical failures beyond the reasonable control of the parties hereto, or other causes of a similar or different nature beyond the reasonable control of the parties hereto(hereinafter"Force Majeure Event"). Neither Artist,Agent nor Artist shall be held liable for any losses, costs or damages whatsoever suffered by Purchaser due to Artist's failure to perform as a result of a Force Majeure Event. COVID 19 Protocols-PURCHASER shall enforce all social distancing and gathering restriction protocols as recommended and/or required by the CDC and Local State regulations. Guidelines and restrictions are to be re-assessed one week prior to performance. PURCHASER and ARTIST reserve the mutual right to cancel performance due to COVID-related safety measures. If the Venue is deemed unsafe for ARTIST to perform due to PURCHASER neglecting to enforce state restrictions and protocols,ARTIST shall no longer have an obligation to perform and shall receive full compensation. 16. Indemnification Purchaser hereby agrees to indemnify and hold Artist,Artist,Agent and their contractors, employees, licensees, designees and agents(individually and collectively, the"Artist Indemnities") harmless from and against any loss, damage or expense including reasonable attorneys'fees incurred or suffered by or threatened against the Artist Indemnities in connection with or as a result of any claim for personal injury or property damage or otherwise brought by or on behalf of any third party, person,firm, entity or corporation as a result of or in connection with the Engagement,which claim does not result directly from the gross negligence or willful misconduct of Artist and/or Artist's employees, contractors, licensees, designees or agents. Purchaser also hereby indemnifies the Artist Indemnities from and against any and all loss, damage or expense resulting from any damage or destruction to Artist's equipment or that of its employees, contractors and agents, inside or outside the Venue, including but not limited to damage or destruction occasioned by Force Majeure events.The Artist Indemnities shall not be responsible for damage or injury to any patrons, or the venue, or any fixture or personal property therein, caused by fans or any others not engaged by Artist or Artist. Purchaser shall indemnify and hold the Artist Indemnitees harmless from any third party claims concerning the foregoing(as provided above)and no claim, deduction or offset shall be made by Purchaser in respect of same. 17. Purchaser's Warranties and Representations Purchaser hereby acknowledges that Agent is only responsible for procuring bookings and may not be held liable for any breach of contract by Artist hereunder or under any other agreement between Artist and Purchaser. Purchaser warrants that Purchaser shall not advertise the Performance prior to(i)Artist's receipt of the initial deposit specified in the paragraph titled"Deal Terms and Payment Schedule"of the Facing Page(s)and (ii) Purchaser's receipt of Agent's written authorization to advertise the Performance. Purchaser represents and warrants that Purchaser is the responsible party for making all payments hereunder and has sufficient funds, financing and/or insurance to honor all of Purchaser's obligations hereunder. 18. Special Provisions Purchaser agrees to furnish a stage at least 20'X 18'and at least 1 and'h'high that is sturdy and free of holes, debris, standing water and within 50'of at least three(3)separately grounded 120-volt electrical outlets of 20-AMPS each.The stage should be accessible to musicians and its crew at least seven(7)hours prior to performance. Purchaser shall furnish private dressing rooms to accommodate Artist and shall be responsible for the security of all items of Artist property.Artist reserves the right to refuse to perform out-door engagements when, in Artist judgment,weather conditions would be detrimental the Artist,their instruments, or any other equipment owned by Artist.A suitable indoor location should be reserved as an alternate to poor weather conditions. Further, Purchaser covenants and agrees that full contract price shall be paid to Artist if no alternative site is reserved,this being solely the Purchaser's responsibility.Also, Purchaser covenants and agrees that Artist will not be obligated to set-up its equipment for performance more than once. Purchaser assumes full responsibility for the risks involved in the production and performance of an outdoor event. 19. Governing Law This Agreement shall be governed by and subject to the laws of the State of Oregon in The United States Of America,without giving effect to any choice or conflict of law provision 20. Taxes and Visas Notwithstanding anything to the contrary contained herein,Artist's federal non-resident withholding tax amount may not exceed the required amount established by the applicable tax authority. Purchaser must make withholding payments to the U.S. Internal Revenue Service and any other applicable state and/or local tax authority(individually and collectively,the'Tax Authority")in accordance with the terms of applicable law, but in no event later than thirty (30)days from the Date of Engagement. Purchaser shall promptly provide Agent with wire confirmation evidencing that Purchaser has withheld and paid over to the Tax Authority in a timely manner the requisite amount. In the event that Purchaser is in breach of the terms of this paragraph and fails to remedy such breach within five(5) business days of receipt of Artist's written notification of such breach,Artist shall have the right to immediately terminate this Agreement by written notice to Purchaser(the "Termination Notice")and any and all rights granted to Purchaser hereunder(including,without limitation, rights of exclusivity)shall be immediately revoked. In the event of any such termination,within five(5) business days of Purchaser's receipt of the Termination Notice, Purchaser shall pay to Agent the balance of the Guarantee and Agent shall become the withholding agent with respect to the Date of Engagement.Without limiting the foregoing, Purchaser shall be liable for any and all penalties assessed by the Tax Authority Against Artist and/or Artist for Purchaser's failure to make timely payment to the Tax Authority of amounts required to be withheld hereunder. 21. Assignment/Transfer Neither Artist nor Purchaser may assign or transfer this Agreement or any other rights or obligations hereunder without the mutual written consent of both the Artist and Purchaser and such assignment contains the complete understanding of the Parties respecting the subject matter hereof. It is expressly understood and agreed that the Parties make no representations or agreements,oral or otherwise, outside the terms of this Agreement which add to, broader,vary, or conflict with the provisions hereof. Any purported outside representations or agreements have no force or effect upon the rights or duties of the Parties hereunder. No term, provision, or condition of this agreement may be altered, amended, or added except upon the execution of a written agreement by the Parties hereto. Any notices provided for herein shall be in writing and shall be personally served or mailed to each Party at the addresses provided. 22. Amendment to Agreement This Agreement contains the sole and complete understanding of the Parties and may not be amended, supplemented,varied or discharged, except by an instrument in writing signed by both Parties. 23. Entire Agreement By signing this agreement PURCHASER acknowledges that all riders including hospitality, outdoor, and technical are applicable. Furthermore, PURCHASER agrees that unless notified by mail within thirty (30) days prior to engagement, ARTIST expects full payment after load in or immediately after performance and that all deposits are forfeited. In addition, ARTIST shall not be held accountable under the terms of this agreement in the event of natural disaster, unforeseen circumstances, or "acts of God". Both parties also agree that this contract is in accordance with the Laws of the State of Oregon and that any litigation will take place in the State of Oregon. Signed Contract must be returned to the Royal Artist Group within ten (10) working days. This Agreement contains the entire agreement between the Parties and supersedes any and all previous agreements, written or oral, between the parties relating to Performance. THE PERSON(S)EXECUTING THIS AGREEMENT ON BEHALF OF EACH PARTY WARRANTS HIS/HER AUTHORITY TO DO SO, AND SUCH PERSON HEREBY PERSONALLY ASSUMES LIABILITY FOR THE PAYMENT IN FULL. ACCEPTED AND AGREED TO: Jefferson Parks Department Royal Ar s roup Me- goop, Elizabeth Carter ne Jefferson Parks Authority President Royal Artist Group 500 Quartermaster Ct,Jeffersonville, IN,47130, P.O. Box 18223, Portland, OR 97218 United States eric.puente.royalartistgroup@gmail.com ■ 4 4 4 4 I Hospitality Rider We respectfully request these supplies for our 8-piece group: • An assortment of Coke Zero, water, beer, Gatorade, Throat Coat tea, and hot water to prepare the tea • An assortment of fruit, salty snacks, and chocolate • Napkins and a box of tissue