HomeMy WebLinkAboutCLAYTON ANDERSON NVAkE
1600 Division SErect,Suite 300
Nashville.TN 37203
USA
Phone:+1615-963-3318
email:awb a WMEentertainment.com
CLAYTON1 '
ARTIST RIDER AND ADDENDA ATTACHED IIERETO HEREBY MADE A PART OF THIS CONTRACT
Agreement made 29 Mar 2016 between STONE CARNIVAL TOURING,INC.(hereinafter referred to as"PRODUCER")furnishing the services of
CLAYTON ANDERSON(hereinafter referred to as"ARTIST")and CITY"OF JEFFERSONVILLE—PARKS DEPARTMENT/Sara Schutz
(hereinafter referred to as"PURCHASER")
It is mutually agreed between the parties as follows:
The PURCHASER hereby engages the PRODUCER to Rimish 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.
I. ENGAGEMENT VE\UE(S):
JEFFERSONVILLE RIVERSTAGE
100 West Riverside Drive
Jeffersonville,IN 47130
USA
2. DATE(S)OF ENGAGEMENT: Sat 30 Jul 2016
a. Number of Shows:
b. Show Schedule(s): 05:00 PM:Doors
07:00 PM Support-Confirmed:CLAYTON ANDERSON,(50 min.)
08:10 PM:Support-TBA:Tucker Beathard;tentative
09:30 PM: Canaan Smith;confirmed
3. BILLING(in all forms of advertising):
100%Festival Billing
4. COMPENSATION:
2,500.00 USD(Two Thousand,Five hundred U.S.Dollars)flat GUARANTEE.
DEPOSIT requirements and PAYhIEVT TERAIS are firrther set forth below ill Section 10.
5. PRODUCTION AND CATERING:
-Purchaser to provide and pay for festival sound and lights.
Production Contact: Brent Rogers
(502)693-6089(off.)
6. TRANSPORTATION AND ACCOMMODATIONS:
a) Air transportation:
b) Accommodations:
c) Air freight and excess baggage:
d) Ground transportation:
Agreement dated 29-March-2016 CLAYTON ANDERSON
Page 1 of8 CITY OF JEFFERSONVILLE—PARKS DEPARTNIWT
WME Concert.rev.2014-05-29f/updated March,2015 Seq.:2527436
e) Meals and incidentals:
1:) Other:
Any changes to the above-mentioned arrangements are subject to the sole and exclusive prior written approval of PRODUCER.
7. SPECIAL PROVISIONS:
-At settlement,PURCHASER shall make the day of show check out to Stone Carnival Touring,Inc.Whenever possible,Payment shall be may
in the form of a cashiers check.
-No announcement,advertising or promotions without approval from Doug Aitken at Borman Entertainment at(615)320-3000 or at
Doug[aibomnantn.com.
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 ANI.)EXCHANGE RATE:
10. PAYMENT TERMS:
a.DEPOSIT in the amount of$1,2-50.00 USD shall be paid to and in the name of PRODUCER's agent,WILLIAM MORRIS ENDEAVOR
ENTERTAINMENT,LLC,to be received not later than 30 Jun 2016;
All deposit payments shall be paid via certified or cashier's check sent to:
WILLIAM MORRIS ENDEAVOR ENTERTAINMENT,LLC
ATI-N:Abby Wells Baas
1600 Division Street,Suite 300
Nashville,TN 37203
USA
OR via bank wire as follows:
CITY NATIONAL BANK ABA no.:064009445
54 Music Square East William Morris Endeavor Account No.:684001426
Nashville,TN 37203 ORG:City of Jeffersonville-Parks Department /REF: Clayton
Anderson/Jul 30,2016
WME booking code: PAC 759582
Please be stye fosped&the following to m nid canjusion md/ar tuiaparads: your tantga r Heinle
f
(as sender).name ofilte artist,start dive of1he Engagenrem(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. 16 1 I d-5-1'J" An e
c.Earned percentages,overages and/or bonuses,if applicable,are to be paid to PRODUCER in cash(if requested by PRODUCER,and to the CGfy) V4
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'm 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
Aerecment dated 29-March-2016 CLAY FON ANDERSON
Page 2 ofS CITY OF JEFFERSONVILLE-PARKS DEPARTMENT
WME Concert;rev.2014-05.29!/updated March,2015 Seq.:2527436
Clayton Anderson Rider
Current as of DECEMBER 2015
Contact:
-Production and Show advancement
-Dave Savage—Tour Manager
-Email — drummer9889@gmail.com
-Phone—919-369-1783
Payment - FED ID 27-1639656
-Acceptable forms of payment are Cash, or Cashiers Check ONLY.
-Please make ALL DAY OF SHOW payments to
STONE CARNIVAL TOURING
Dressing Room:
• TEN clean hand sized towels
• TWO cases of bottled water (one iced, one room temp.)
• ONE case of assorted Gatorade (Chilled)
• ONE Twelve Pack of Coke or Pepsi (Chilled)
• ONE Twelve pack of Fresca
• ONE assorted veggie tray
• ONE assorted fruit tray
• ONE assorted deli meat and cheese tray
• ONE loaf of multigrain wheat bread
• ONE case of Coors Light
• ONE bottle of Makers Mark Whiskey
ONE bottle of Sauza 901 or Milagro Tequila
• ONE box of Kind Almond & Coconut Bars
• ONE box of gold fish
• ONE pack Orbitz/Extra Spearmint Gum
• EAS AdvantEDGE carb control rich dark chocolate 4 pack
Page I of 2
Clayton Anderson rider
Revised 12/4/15
Audio: PLEASE REFERENCE STAGE PLOT AND CONTACT
WITH ANY QUESTIONS.
-Mixing console with at least 24 xlr inputs and 4 monitor sends
-Full Range/Bi or Tri amped speaker system
-FIVE monitor mixes with 31 band graphic EQ
-Front of House 2 channel 31 band graphic EQ
-TWO time based effects processors (reverb/delay)
-Gate/compressors for all inputs.
-Microphones/cables/stands for all inputs
Hotel Rooms:
•(3) Double bed rooms at Holiday Inn Express or similar hotel.
-DO NOT BOOK:
• Anywhere you wouldn't put your loving mother.
Dinner:
-Hot meal for SEVEN (local/area restaurant) OR $150 meal buyout
Bar Tab:
-ONE $50 bar tab
Parking_
-TWO reserved parking spots for ONE Chevy Suburban w/trailer and
ONE Chevy Silverado Pick up.
Page 2 of 2
Clayton Anderson rider
Revised 12/4/15
11. SCALING AND TICKET PRICES:
CAP.TYPE PRICE COMPS KILLS SELLABLE fACYEE PARKING CHARITY TICTEE VIP SCNDRY OTHER NET PRICE GROSS POT.
Sat 301,17;00 W0 10.000 GA Standing 0 0 0
10,()00 0 0 0
SCALING NOTES:
Free Shaw ADJUSTED GROSS POTENTIAL:
Outdoor/Covered Stage/Rain or Shine TAX:
NET POTENTIAL:
12. EXPENSES:
N/A
13, MERCHANDISING:
Artist sells,All Merchandise: 100.0%of proceeds to ARTIST.
14. VISAS AND WORK PERMITS:
15. TAXES-
ADDENDUM A" (ADDITIONAL TERN1.5 AND CONDITIONS). ARTIST RIDER. AND ANY OTHER PRODUCER ADDENDA REFERENCED
HEREIN OFANY).ARE ALL ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY REFERENCE.
IN WITNESS WHEREOF,the parties hereto have hereunto set their names and seals on the day and year first above written.
By: �� By.
{TY OF FF' O`�NVILLE—PA(RKSDiEPART STO ARNIVAL'fOURING,INC.
raSciwic �trii,i GL {'�}^1 {t� �i 1�i� (/�U.n' t!1„� Feat{D: 7-3339325
500 Quartermaster Court JJ
Suite 212
etlersonville,rN 47130
SA
Re1107)all signedronnacts to lVILI.IAMr1fORRISENDEAPOR E.NTF.RT,41Nd4EMT.LLC althe address above: Alteration:lVells Baas
Agreement dated 29-March-2016 CLAYTON ANDERSON
Page 3 of S CITY OF JEFFERSONVILIX—PARKS DEPARTMENT
WM1E Concert;rev.2014-05-291/updated March,2015 Seq.,2527436
ADDENDUM"A"
ADDITIONALTERi1S AND CONDITIONS
A.CO;tiIPENSATION
(1)Unless otherwise specified,all payments shall be made in full without any deductions whatsoever.If not already indicated on the race 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 die payment to PRODUCER shall be based in whole or in pari on receipts of the performance(s)hereunder,PURCHASER agrees to deliver to
PRODUCER a certified statement of tie gross receipts of each performance within two(2)hours following such perforimance.PRODUCER shall have the
right to have a representative present in tie 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 verih 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 ofthis Agreement or as otherwise agreed in writing by the
panics,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 ofverifying the statements.
PRODUCE-R'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 arid presented at settlement in writing to PRODUCER to
evidence compliance with the foregoing
(6)PURCHASER agrees that any inclusion of ARTiST's 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),times)and place(s)of the pertormance(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 fighting,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 race 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 ifsame differs from ARTIST Rider specifications.
(3)PURCHASER will pay all music royalties in eonncetion with PRODUCER's use of music,acid 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.
Agreement dated 29-1%torch-2016 CLAY-rON ANDERSON
Page 4 of 8 CiTY OF JEFFERSONVILLE-PARKS DEPARTNIE`r
W\IE Concert:rcv.2014-05-291/updatcd March,2015 Scq.:2527436
(5)PURCHASER shall comply with all regulations and requirements of any union(s)that may have jurisdiction over any ofthe said materials,facilities and
personnel to be furnished by PURCHASER and PRODUCER.
(6)if PRODUCER so requires,PURCHASER will furnish 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,tire,
access,egress,security,and generally in relation to the performance(s)and the venue(s)for such performance(s).
(S)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'').PRODUCERIARTIST shall not have any liability for any damage or
injury caused by such Adverse Conditions.
D.PRODUCTiON CONTROL
(l)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 tit,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 oxer 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 performances)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 ARi'IST 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 PRODUCERIARTiST and entourage pursuant to the terms of this Agreement.
A"Force Majeurc 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 rcgulation(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 ARTIST's 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 ARTIST's 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
performances)contemplated by this Agreement impossible,infeasible or unsafe.
F,INCLEMENT WEATIIER
Notwithstanding anything contained to the contrary herein,inclement weather shall not be deemed a Force Majeurc event and PURCHASER shall remain
liable for payment to PRODUCER of the full GUARANTEE plus all other compensation due hereunder if the performances)is rendered impossible,
infeasible or unsafe by Such weather conditions.For clarification,PURCHASER shall remain responsible f'or all other terms and conditions of this Agreement,
including,without limitation accommodations,transportation,and expense reimbursements for ARTIST and touring party.
Agreement dated 29-March-2016 CLAYTON ANDERSON
Page 5 of 9 CITY OF JEFFERSONViLLE—PARKS DEPARTNIEN'r
WME Concert;rev.2014-05-29!/updated March,2015 Seq.:2527436
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(3Q)
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
(1)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,"ARTIST's 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 PURCHASERS use of ARTISTS Likeness shall at all times be subject to the prior written approval of
PRODUCER.
1.hIERCHANDISING
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.
J.NO RECORDING/BROADCAST
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,webeast,or otherwise reproduce the visual and/or audio performances hereunder(or any part
thercoo and/or ARTIST and/or PRODUCERS personnel at any time during the Engagement.
K.PURCHASER DEFAULT
(1)In the event PURCHASER refuses or neglects to provide any ofthe items herein stated or comply with airy 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 ofany 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 GUARAN'T'EE 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 temtinatc this Agreement and cancel arty 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 Agrcement;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 shalt remain responsible for all transportation,accommodations,and expense reimbursements for PRODUCER/ARTIST
and entourage pursuant to the terms of this Agreement.
Agreement dated 29-\larch-2016 CLAYTON ANDERSON
Page 6 of 8 CiTY OF IEFFERSONVILLE—PARKS DEPARTMENT
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L.INSUR,4,N*CE/INDENMFiCATl ON
(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(S5,000,000)per occurrence;and workers compensation and employers 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 thtnt 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 o€Twenty-1"ive Thousand(25,000)attendees,but less than
Fifly'rhousand(50,000)attendees,the required commercial general liability insurance coverage limit shall be in an amount of not less thanTen Million
Dollars(S 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(S15,000,000)per occurrence.All of the
insurance requirements set forth above shall riot 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 riot less than A minus or better.Such insurance policies shall contain a vvaiver(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 that)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)taming PRODUCER,ARTIST and PRODUCER/ARTIS"1's 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 PRODUCERIARTIST a full and complete copy of all
insurance policies required to be maintained by PURCHASER herein.
(2)PURCHASER hereby agrees to save,indemnify and[told 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 attorney'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,fim)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.
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,or any of it-,officers,directors,principals,agents,employees and representatives 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.
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.LLMITATION 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
Agreement dated 29-March-2016 CLAYTON ANDERSON
Paco 7 of a CITY OF JEFFERSONViLLE-PARKS DEPARTMENT
WME Concert,rev.2014-05-29//updated March,2015 Seq.:2527436
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 the Engagement;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.hIISCELLANEOUS PROVISIONS
(1)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 agrees that no activities governed by this Agreement may be undertaken contrary to United States law,including,but not limited to,the
U.S.Export Administration Regulations,the U.S.International Traffic in Arms Regulations,and regulatory and sanctions programs administered by the U.S.
Department of Treasury's Office of Forcign Assets Control.PURCHASER warrants that neither it nor any financier,sponsor,or contributor to the
Engagement is a person or entity on the U.S.Treasury Department's list ofSpecially Designated Nationals and Foreign Sanctions Evaders List,the U.S.
Commerce Department's Denied Persons List or Entity List,or otherwise designated as subject to financial sanctions or prohibited from receiving U.S.
services.Moreover,PURCHASER represents and warrants that it is not controlled by any such person or entity and is not controlled by a national or
resident of any such country.PURCHASER further 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.
(3)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%Titins signed by the parties,if any pan 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.
(4)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 patty 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 orthe recipient's mail receipt date or ten(10)
days after dme mailing of such process,provided that a dup]irate of such process shall have been mailed to the other parry by ordinary mail at the same time as
the certified mailing.
(5)PURCHASER shall not have the right to assign or transfer this Agreement or any provision thereof.
(6)The waiver of any breach of any provision of this Agreement shall not be deemed a continuing waiver,and no delay in exercise ofa right shall constitute a
waiver.
(7)Nothing herein contained shall ever be construed as to constitute the patties 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.
(8)The terms"ARTIST"and"PURCHASER"as used herein shall include and apply to the singular and the plural and to all genders.
(9)This Agreement may be executed in two(2)or more counterparts,each ofwhich shall be deemed an original and all ofwhich taken together shall constitute
one(1)and the same instnumment.Delivery of an executed counterpart ofa 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 ofa manually executed counterpart of this Agreement and shall be
sufficient to bind the Parties to the terms and conditions of this Agreement.
Agreement dated 29-March-2016 CLAYTON ANDERSON'
Page 8 of 8 CITY OF JEFFERSONViLLE—PARKS DEPARTMENT
WME Concert:rev.2014-05-291iupdated March,2015 Seq.:2527436
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JEFFERSONVILLE RIVERSTAGE
CONTRACT FOR SERVICES
This agreement by RIVER POPS between JEFFERSONVILLE PARKS DEPARTMENT and CORWYN
HODGE pertains to the production/duties listed below. In consideration of the premises and mutual
undertakings contained herein,the parties agree:
GUEST ARTIST
Judas Iscariot in JESUS CHRIST SUPERSTAR
Performance dates: July 21, 22, 23, & 24, 2o16 at 8:30 PM
Rehearsal dates: Beginning July 8, 2o16
1. River Pops agrees to pay Corwyn Hodge a total of$750, one time fee for all duties listed
above.
2. River Pops and the Jeffersonville Parks Department are not responsible for any
other costs Corwyn Hodge occurs while fulfilling this contract. River Pops and the
Jeffersonville Parks Department are not responsible for transportation, housing, or per
diem.
3. This contract may be terminated by either party and without cause upon 3.4 days written
notice. This contract will be terminated automatically upon expiration of any of the terms
of this contract.
We the undersigned, have read the foregoing agreement and do hereby approve and agree to be bound
by the terms thereof.
Please sign below and return one signed copy to Ron Breedlove,Artistic Director for the River Pops
Orchestra.
FOR River ops Orchestra Corwyn Hodge
Z-3 2,0& DATE DATE