Loading...
HomeMy WebLinkAbout3JM MUSIC LLC Pill 1710 General George Patton Drive,Suite 103 Brentwood,TN,37027 Office:(615)790-5540 Fax(615)376-4515 Contract # 24957R For Office Use Only Deposit: GRLO0 YLRA<at�rr ARTIST AGREEMENT Received: This agreement("Agreement"),for the services(the"Concert")of 3lM MUSIC LLC(DBA CARROLLTON)("Artist") Check a; made and entered into on Monday,November 13 2017 is between Artist and ROCK ON WATER(`Promoter"),It is mutually agreed between the above parties as follows.The Promoter requests from The Greg Oliver Agency GOA ("Agent")and the Agent agrees to furnrsh the services of the Artist upon the conditions of this Agreement. Escrow: ARTIST: 3JM Music LLC (DBA Carrollton) DATE: Sunday,September 9 2018 VENUE: Jeffersonville RiverStage MARKET: 2.7 mi N of Louisville,KY 100 W Riverside Drive, Jeffersonville, IN TIMES: 08:OOpm 47130,United States PERFORMANCE: 1 Full Concert CAPACITY: 9,000 FINANCIAL OFFER: $5000.00 + Meals + Sound & Lights + Local Ground Transportation DEPOSIT: $2,500.00 BALANCE: $2,500.00 (Due 2 weeks Prom today-nonrefundable and payable to GOA,INC) (paid by Promoter,payable to the Artizt at concert) PROVISIONS: SOUND: Promoter HOTELS: Artist LIGHTS: Promoter MEALS: Promoter TRAVEL: Artist BACKLINE: Artist GROUND: Promoter PROMOTER INFORMATION: CONTACT INFORMATION: CONTACT: Scott Shireman CONCERT INFO#: www.roc konwaterfestivaLcom ORGANIZATION: Rock On Water NUMBERS: Mobile:(502)802-1648 ADDRESS: 1771 Summerlin Place,Jeffersonville, IN 47130, United States FAX: WEBSITE: http://www.scottshiremancom EMAIL: scottfnIsiottshirenlari.com TICKETING: OTHER CONSIDERATIONS FREE EVENT MERCH FEE: None OTHER ACTS: TBD RADIUS CLAUSE: 100 miles,30 days before and after GOA AGENT: Stephen Garrett COMMENTS: Carrollton to headline the 6th annual"Rock On Water 2018." Promoter agrees that if the concert is canceled, the deposit will be forfeited or 50%of"the Fee"is due(whichever is greater).If the Concert is canceled within 90-31 days from the date of the Concert Date,half of the Balance of the fee is due to Artist.If the Concert is canceled within 30 days from the Concert Date,Promoter agrees to pay the full Fee upon notice to Agent of such cancellation plus any incurred travel expenses,regardless of the cause of cancellation. ADDITIONAL TERMS AND CONDITIONS CONTINUED ON NEXT PAGE In witness whereof,the parties hereto have executed this Agreement on the date indicated below,to be effective as of the day and year first above written 4n iGee Snit 16-h Jeffersonville Parks Authority President Rept>ssentative for Artist Date: I 2-1-1 ( Date: 1/25/18 Page 1 of 3 ADDITIONAL TERMS AND CONDITIONS 1. The payment of the Deposit shall be in the form of credit card,cash or check made payable to Agent. In the event the check for the Deposit is returned for insufficient funds,Agent shall have the right to terminate this Agreement or demand immediate payment in full of the Fee. The payment of the Balance shall be in the form of credit card,cash,or check made payable to Artist. Promoter shall instruct the venue box office personnel and any and all ticket agencies selling tickets for the Concert to pay to Agent,at Agent's request,any unpaid balance of the Fee. 2. The Promoter agrees to furnish,at its own expense,all that is necessary for the proper presentation of the Concert,including,without limitation,a suitable theater, church, hall or auditorium,well-heated, lighted,clean and in good order, and comply with all provisions of that Artist's contract rider("the Contract Rider")which is attached,including without limitation,the provisions related to the sound system and lighting. 3. The Promoter shall not broadcast,televise,or record, nor permit anyone in attendance to broadcast,televise,or record,any part of the Concert without the prior express,written permission of the Artist. 4. Artist shall have the sole and exclusive right,but not the obligation,to sell products including but not limited to T-shirts,posters,hats, audio and video recordings, etc., in connection with, and at, the Concert, and the receipts shall belong exclusively to the Artist. No merchandise fees and/or commissions shall be paid to the venue or auditorium unless agreed to by the parties at the signing of this Agreement. If this approval has not been obtained, then Promoter will be solely responsible for any and all merchandise fees and/or commissions payable to the venue,auditorium or any other party. 5. The Promoter shall not have the right to assign this Agreement, or any of its provisions. Nothing in this Agreement shall ever be understood as to constitute a partnership,or joint venture,or that Agent shall be liable in whole or in part for any obligation that may be incurred by the Promoter in the Promoter's carrying out any of the provisions in this Agreement or otherwise. This Agreement,or any part of Agent's rights herein under, may be assigned to any person, agent, or corporation which acquires all or substantially all of Agent's assets or which is owned or controlled by Agent. 6. Agent's and Artist's obligation to perform hereunder shall be excused,and Promoter shall not have any claim for damages with respect to the affected performances, if Artist's performance is rendered impossible or infeasible as the result of illness, death or injury to Artist, accident, fire, riot or other civil disorder, strike, lockout, or other labor difficulties, an act, or order, rule or regulation, of any public authority or court, act of God,absence of power or other essential services,failure of technical facilities and/or any cause beyond Agent's and Artist's reasonable control. Provided that Artist is ready,willing and able to perform pursuant to the terms hereof, payment of any guaranteed compensation hereunder shall be made to Agent notwithstanding that inclement weather may render a performance impossible or infeasible. If the Concert cannot be performed due to an act by any government authority or any court, then Agent shall have the right, in addition to any other rights or remedies available to Agent, to retain the sums theretofore paid to Agent by Promoter pursuant to the provisions of the Agreement. In the event of cancellation by Artist due to illness,an unforeseen emergency,or overriding obligation or professional responsibility,Agent or Artist shall not have any liability for expenses or losses incurred by Promoter.However, Agent will use reasonable efforts to reschedule the Concert subject to Artist's availability and Promoter's approval not to be unreasonably withheld, or provide a comparable artist, subject to Promoter's approval, not to be unreasonably withheld. If the Concert cannot be rescheduled and a comparable artist is not available,any and all deposits will be refunded to Promoter. 7. Promoter agrees to maintain the absolute confidentiality of all the terms,conditions,and arrangements contained in this Agreement and/or associated with this engagement. 8. If Promoter fails or refuses to comply with any of the material provisions contained in this Agreement, or if, at any time prior to or during the actual performance of Artist,such technical equipment is otherwise than in perfect working condition,or if any performance of Artist is rendered impossible or infeasible by any cause within Promoter's control or which Promoter, by the exercise of reasonable diligence, could have avoided; then in any of such events, Agent, or Agent's or Artist's representative, in Agent's sole discretion, may thereupon terminate the Agreement without liability of any kind to Promoter, neither Agent nor Artist shall have any further obligation to perform the Agreement,Agent shall retain all amounts theretofore paid to Agent by Promoter,and Promoter shall remain liable to Agent for any additional compensation herein provided. Nothing contained in this Agreement shall be deemed to limit any of Agent's and/or Artist's remedies in the event of any breach by Promoter, including without limitation, checks returned for insufficient funds, of this Agreement or failure or refusal by Promoter to perform any of its obligations under this Agreement. Page 2 of 3 9. Promoter represents and warrants that it has the right to enter into and fully perform this Agreement, it is at the present time,or will be,the owner or operator of,or has or will have a valid lease(executed in Promoter's name)upon,the place of performance on the dates and at the times set forth in this Agreement, proof of which shall be given to Agent upon request and no provision contained in any concert hall lease,which is inconsistent with any provision of this Agreement shall be binding upon Agent and/or Artist unless Promoter advises Agent thereof in writing promptly after execution hereof and Agent consents in writing thereto. Promoter shall and does hereby indemnify save and hold Agent and Artist harmless from any loss or damage, including without limitation. Reasonable attorneys' fees, arising out of or in connection with any breach or default by Promoter hereunder or any claim against Agent by a third party which is inconsistent with any of the warranties,representations and covenants or agreements made by Promoter in this Agreement. In the event Agent incurs expenses, including without limitation, reasonable attorney's fees in order to enforce Agent's rights under this Agreement, Promoter shall promptly,upon Agent's request reimburse Agent the amount of such expenses. 10.Any notices to either party under this Agreement shall be addressed to the other party at the address set forth on page 1 of this Agreement, until either party shall give the other written notice of a new address.All notices shall be delivered by hand or served by certified mail,return receipt requested,postage prepaid,addressed as aforesaid. The date of personal service or of depositing for mailing, shall be deemed the date of service. 11.This Agreement constitutes the complete understanding between the parties with regard to the subject matter hereof and cannot be modified except by a written instrument signed by both parties.Promoter acknowledges that the Contract Rider is a material part of this Agreement. Any terms and conditions contained in the Contract Rider shall be deemed incorporated into and a binding part of this Agreement The waiver by either party of any breach of this Agreement in any one or more instances,shall in no way be construed as a waiver of any subsequent breach of this Agreement(whether or not of a similar nature). If any part of this Agreement shall be held to be void, invalid or unenforceable by a court of competent jurisdiction, it shall not affect the validity of the balance of this Agreement. This Agreement shall be interpreted according to the laws of the State of Tennessee without regard to conflict of law principles.The parties agree that the State and Federal courts located in Davidson County,Tennessee shall be the sole venue and have sole jurisdiction for the settlement of all disputes arising under this Agreement 12.This Agreement may be executed simultaneously in two or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. Any signed copy of this Agreement or of any other document or agreement referred to herein,or copies or counterparts thereof,delivered by facsimile transmission or email,shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile or email and shall be binding upon such party in the same manner as though an originally signed copy had been delivered. 'Promoter' "Agent' Rock 0 Water Greg Oliver Agency,Inc. By: , L Date: zz e�f B : IC11't Y 9 s (thDate: 1/25/18 An authorized signatory An authorized signatory for ARTIST Page 3 of 3 CA101 TO N BUSINESS AND PRODUCTION BAND RIDER P.3 MONITORS AND MIXES Carrollton will provide an in ear monitoring system and band ear monitors. Please provide four (4) separate and independent monitor mixes,independent of the FOH mix,sent from the FOH console to center stage. P.4 SOUNDCHECK Carrollton will need no less than an hour for Sound Check after load in and set up are complete. Sound Check is to be completed no less than one hour prior to the doors opening for the event P.5 BACKLINE- DRIVE DATE Carrollton will be providing,supplying and traveling with the following back line gear for the event. All Acoustic,Electric.and Bass Guitars All Electric guitar pedal board effects and pedal board Two Guitar Amplifiers- One Bass Amplifier- One Drum Rug One full Drum Kit,cymbals and snare with accompanying drum hardware stands CARROLLTON will NOT be providing any of the following production gear. Please make sure the following items are provided,available,set up and plotted according to the attached stage plot,day of show: All vocal microphones,stands and microphone cables All drum microphones,stands and cables Two guitar amp microphones and stands All three(3)necessary DI boxes for bass guitar(1),acoustic guitars(2) All necessary AC power drops Wireless monitor packs and transmitters(if applicable) "'Additional lines and DI Boxes,not specified on the Stage Plot,may be requested during advancement depending on the specifics of each Individual event. Jordan Bailey will cover these requests during advancement"' P.7 BACKLINE REQUIREMENTS- FLY DATE ONLY If Carrollton is flying to your event and you are providing Backiine,the following backline is requested in order of preference: DRUMS Yamaha Oak or Maple Customs OR DW Maple or Birch-4 pc kit One 12"rack torn One 16"floor tom One 14 X 6.5 Wooden Snare One 20"or 22"kick drum Four double braced boom stand w/good felts and sleeves One kick drum pedal One double braced:extra wide drum throne One Hi Hat Stand One drum mat or rug Paiste Signature,Zildtian A Custom or Sabian HHX or AA cymbals One 22"Ride Two 18"Crash One 14"hi hat set BASS One Ampeg SVT VR or CL All Tube head w/Classic 810 Cabinet or Aguilar DB750 w/DB810 Cabinet ELECTRIC GUITAR-Two total combo guitar amps One Fender One VOX AC30 and Cab CARROLLTON BAND RIDER I Carrollton Music I Revised June/20171 Page 6 of 6 CA10h1 TO N BUSINESS AND PRODUCTION BAND RIDER *PLEASE SEE STAGE PLOT BELOW* • -Represents Vocal Mic O -Represents Instrument Mic AC AC AC XLR Hoc Gtr.2 Acoustic GTH Amp Bass Amp 0 K DI DI DI I Cpi; • AC • • • DI AC AC XLR LACI :INPUT LIST BELOW* CARROLLTON BAND RIDER I Carrollton Music I Revised June/2017 I Page 7 of 6 CAO1I TON BUSINESS AND PRODUCTION BAND RIDER CH. INPUT LIST NOTES CH. INPUT LIST NOTES 1 Kick Short boom 11 Vox Stage LFT Tall Boorn/mic 2 Snare 12 Acoustic 1 XLR 3 Rack Tom 13 Acoustic Guitar Amp P Short Boom!Mic Floor Tom 14 Lead Vox Tall Boom!mic 5 Overhead mic Tall Boom 15 Electric GTR AMP Short Boom/Mic 6 Click DI 16 Acoustic 2 Dl 7 Drum Pad R DI 17 Vox Stage RT 9 Tall Boorn/Mic 8 Drum Pad L DI 18 Keys L DI 8 Drum Vox Tall Boom 19 Keys R Dl 10 Bass XLR CARROLLTON BAND RIDER I G Carrollton Music I Revised June/201 71 Page 8 of 6