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HomeMy WebLinkAboutDEVONSHIRE EEartist events, inc. NASHVILLE 978 Mooreland Blvd.Brentwood,TN 37027 615 309-0458 Office/615 750-5187 Fax/615 972-9002 Cell CONTRACT This contract, made this day of January 11, 2018 when signed by you and by us,will constitute an agreement between us pursuant to which you hereby engage us, and we hereby agree, to furnish entertainment package to you subject to and upon the following terms and conditions: ARTIST(S) or GROUP(S): The Devonshires LEGENDS IN ROCK CONCERT DATE(S) OF ENGAGEMENT: Friday, June 22, 2018 NUMBER OF SHOWS: 1 VENUE: Jeffersonville RiverStage Spring Street Jeffersonville, IN SHOWTIME: Approx. 8:00 PM Length of performance: 120 minutes Job Description: Rain or Shine; Outdoor Covered Stage ARTIST- INDEPENDENT CONTRACTOR: Artist shall at all times have complete supervision, direction and control over the service of his personnel on this engagement and expressly reserves the right to control the manner, means and details of the performance of services to fulfill the entertainment requirements. The Artist executes this agreement as an independent contractor, not as an employee of the Purchaser. Artist Fee: $3,500 + Production + Rider + Meals (Provide pizza or sandwiches - after show for load out) BINDER—N/A DEPOSIT: $1,750 DUE: May22,2018 Payable to: Artist Events f/s/o The Devonshires BALANCE OF MONIES TO BE PAID IN U.S. DOLLARS CASH,OR CHECK PAYABLE TO: The Devonshires UPON DEMAND BEFORE CLOSING OF THIS ENGAGEMENT: $1,750 Venue Capacity: Outdoor Ticket Price: FREE Show Artist Merch Rate 100% Artist Sells STIPULATIONS: THIS ENGAGEMENT IS NOT TO BE ADVERTISED OR PUBLICIZED IN ANY MANNER OR FORM UNTIL THIS CONTRACT IS FULLY PROCESSED AND SIGNED BY BOTH PARTIES. Binders and deposits payable to AEI by money order or certified check. No payment will be made by any personal check unless approved by this office,in writing,prior to the engagement. If this contract is cancelled by the purchaser for any cause other than an Act of God,all deposits are forfeited and AEI maintains the right to claim payment in full. This contract cannot be assigned to any other person except as provided in paragraph 4 on the reverse side hereof,payment shall be made to us in full without any deduction there from whatsoever.You agree that you will first apply any and all receipts derived by you from said entertainment presentation to the payment to us of the amounts required hereunder. THE ADDITIONAL PROVISIONS ON THE REVERSE SIDE HEREOF(AND ANY RIDERS ATTACHED HERETO)ARE PART OF THIS CONTRACT AND ARE DEEMED INCORPORATED HEREIN. `'s L4 date / 1/21 1� date PURCHASER ARTIST '9ara5 ?TItz / Jeffersonville Parks&Re The Devonshires / Artist Events,Inc. 502.468.1751 Don Urbanavage / Personal Manager ssimpson@cityofJeff.net V J 615.309.0458 / Gary Kirves PROVISIONS MADE A PART OF THIS CONTRACT: 1)In the event that payment hereunder shall be based in whole or in part on receipts of the performance(s)hereunder,you agree to deliver to us a certified statement of the gross receipts of each performance within two(2)hours following such performance We shall have a right to have access to your box office records relating to gross receipts of this engagement only. 2)The entertainment package furnished by us hereunder shall be presented by you only at the place of engagement mentiored on the first page hereof before an audience admitted there to and neither said entertainment package nor any of its elements may be photographed,televised,recorded or utilized in any way other than as specifically set forth herein. 3)Except as provided in Paragraph(1), you agree to provide,at your cost and expense, any and all services,personnel,materials, facilities,rights and licenses, regardless of the nature thereof, necessary or desirable for the proper production and presentation of the entertainment package,such as stages.dressing rooms,stagehands,locations for animals,lights,electrical equipment,ele:tric current, music and public address systems The entertainment package, all elements thereof,and all services, personnel,material and facilities to be furnished by you in connection with the presentation thereof shall be performed, rendered, installed,maintained and operated under our sole direction and control and in accordance with our instructions. 4)If we are prevented from furnishing the entertainment package or any elements thereof by reason of causes directly affecting us which are beyond our control,such as Acts of God,force majeure, inclement weather,strike, fire,epidemic,accident,transportation delays, sickness,governmental action or any other causes of like or different nature,we shall have no obligation to you except to endeavor to furnish you a substitute element, subject to your prior approval which you agree not unreasonable to withhold,it being understood that if for any reason we fail to furnish a substitute element or if you reasonable do not approve any substitute element,we shall furnish the remaining elements to you and payment to us shall be reduced to the extent of any savings to us resulting from our inability to furnish such element to you. 5)The elements to be furnished by us hereunder shall be accorded billing in such order, form size and prominence as we may require, and you agree that such billing shall appear in all advertising,publicity and promotion relating to the entertainment package to be furnished hereunder. 6)You agree to comply with the terms and provisions contained in any collective bargaining agreements with, and the rules and regulations of,any unions having jurisdiction over the services and personnel to be furnished by us and by you. 7)Each of us is acting as an independent contractor and nothing herein contained shall be construed as creating a partnership,joint venture or other relationship between us. 8)This agreement(a)may not be modified or amended except in writing signed by both of us;(b)may not be assigned by yon, but may be assigned(and/or our obligations delegated)by us in whole or in part,from time to time to any person,firm or corporation; (c)shall be construed and interpreted under and in accordance with the laws of the state of Tennessee;and(d) constitutes the entire understanding of the parties, hereto,superseding any and all prior agreements whether written or oral. 9)This contract covers personal appearance service only.Any radio or TV appearances in conjunction with this contract mus" have prior approval by management and inserted into this contract. 10)This agency has negotiated this contract between artist and purchaser and is not responsible for the performance of the artist or the purchaser. 11)Should inclement weather render performance impossible or not feasible, Purchaser shall none the less pay AEI Enterprises, Inc and artist full compensation as provided herein. 12)Itis acknowledged and agreed that AEI is acting herein and hereunder as agent for the Artist(s)(also referred to as"the Musician(s)")for whose services this contract is made and that AEI is not,and will not be held responsible for any act of commission or omission on the part of either the artist(s)or the purchaser. In implementation of the foregoing acknowledgement and agreement,and for the benefit of AEI it is agreed that neither the purchaser nor the artists i will name or join AEI as a party in any civil action,suite or other court proceedings arising out of, in connection with.or related to any acts commission or omission by either purchaser or the artist(s). (The foregoing provisions of this Paragraph 12,mentioning possible Court proceedings, shall not be deemed to detract from the provisions of this contract which require the resolution of controversies kind claims by arbitration and obligate the parties to submit controversies and claims to arbitration.) 13)It is expressly agreed that AEI has the right,on behalf of the artist at anytime,to require Payment in full prior to artist's departure for the engagement or engagements mentioned on the face of this contract.The employers failure to comply with these provisions, shall be considered willful breach of contract and all deposits in the possession of AEI shall be retained on behalf of the artist and AEI 14)In the event that the gross box office receipts(GBOR)and/or admission prices exceed those stipulated on this Contract,employer must pay the artist on the night of the engagement the total difference between agreed potential gross and actual gross. 1 date .411•,,.,L„ / date PURCHASE- T or / Jeffersonville Parks&Ree The Devonshires / Artist Events,Inc. 502.468.1751 Don Urbanavage 1 Personas Manager sschutzicltyofjeff.net ) 615.309.0458 S ' J1!' - ► PROVISIONS MADE A PART OF THIS CONTRACT: 1) In the event that payment hereunder shall be based in whole or in part on receipts of the performance(s) hereunder, you agree to deliver to us a certified statement of the gross receipts of each performance within two(2) hours following such performance.We shall have a right to have access to your box office records relating to gross receipts of this engagement only. 2)The entertainment package furnished by us hereunder shall be presented by you only at the place of engagement mentioned on the first page hereof before an audience admitted there to and neither said entertainment package nor any of its elements may be photographed, televised, recorded or utilized in any way other than as specifically set forth herein. 3)Except as provided in Paragraph (1), you agree to provide, at your cost and expense, any and all services, personnel, materials, facilities, rights and licenses, regardless of the nature thereof, necessary or desirable for the proper production and presentation of the entertainment package, such as stages. dressing rooms, stagehands, locations for animals, lights, electrical equipment, electric current, music and public address systems. The entertainment package, all elements thereof, and all services, personnel, material and facilities to be furnished by you in connection with the presentation thereof shall be performed, rendered, installed, maintained and operated under our sole direction and control and in accordance with our instructions. 4) If we are prevented from furnishing the entertainment package or any elements thereof by reason of causes directly affecting us which are beyond our control, such as Acts of God, force majeure, inclement weather, strike, fire, epidemic, accident,transportation delays, sickness, governmental action or any other causes of like or different nature, we shall have no obligation to you except to endeavor to furnish you a substitute element, subject to your prior approval which you agree not unreasonable to withhold, it being understood that if for any reason we fail to furnish a substitute element or if you reasonable do not approve any substitute element,we shall furnish the remaining elements to you and payment to us shall be reduced to the extent of any savings to us resulting from our inability to furnish such element to you. 5)The elements to be furnished by us hereunder shall be accorded billing in such order, form size and prominence as we may require, and you agree that such billing shall appear in all advertising, publicity and promotion relating to the entertainment package to be furnished hereunder. 6)You agree to comply with the terms and provisions contained in any collective bargaining agreements with, and the rules and regulations of, any unions having jurisdiction over the services and personnel to be furnished by us and by you. 7) Each of us is acting as an independent contractor and nothing herein contained shall be construed as creating a partnership,joint venture or other relationship between us. 8)This agreement(a)may not be modified or amended except in writing signed by both of us; (b)may not be assigned by you, but may be assigned(and/or our obligations delegated)by us in whole or in part, from time to time to any person, firm or corporation; (c)shall be construed and interpreted under and in accordance with the laws of the state of Tennessee; and (d) constitutes the entire understanding of the parties, hereto, superseding any and all prior agreements whether written or oral. 9)This contract covers personal appearance service only. Any radio or TV appearances in conjunction with this contract must have prior approval by management and inserted into this contract. 10)This agency has negotiated this contract between artist and purchaser and is not responsible for the performance of the artist or the purchaser. 11)Should inclement weather render performance impossible or not feasible, Purchaser shall none the less pay AEI Enterprises, Inc. and artist full compensation as provided herein. 12) It is acknowledged and agreed that AEI is acting herein and hereunder as agent for the Artist(s)(also referred to as"the Musician(s)")for whose services this contract is made and that AEI is not, and will not be held responsible for any act of commission or omission on the part of either the artist(s)or the purchaser. In implementation of the foregoing acknowledgement and agreement, and for the benefit of AEI it is agreed that neither the purchaser nor the artist(s)will name or join AEI as a party in any civil action, suite or other court proceedings arising out of, in connection with, or related to any acts commission or omission by either purchaser or the artist(s). (The foregoing provisions of this Paragraph 12, mentioning possible Court proceedings, shall not be deemed to detract from the provisions of this contract which require the resolution of controversies and claims by arbitration and obligate the parties to submit controversies and claims to arbitration.) 13) It is expressly agreed that AEI has the right, on behalf of the artist at anytime, to require Payment in full prior to artist's departure for the engagement or engagements mentioned on the face of this contract. The employers failure to comply with these provisions, shall be considered willful breach of contract and all deposits in the possession of AEI shall be retained on behalf of the artist and AEI 14) In the event that the gross box office receipts(GBOR) and/or admission prices exceed those stipulated on this Contract, employer must pay the artist on the night of the engagement the total difference between agreed potential gross and actual gross. 1 Z date date PURCHASER ARTIST Safe Schutz- / Jeffersonville Parks&Rec The Devonshires / Artist Events,Inc. 502.468.1751 Don Urbanavage / Personal Manager sschutz@cityofjeff.net 615.309.0458 The Devonshires RIDER Addendum Important to your event PLEASE READ!!! The Devonshires have come to a realization the necessity to require four(4) or five(5) MEN stage loaders for load-in and load-out. Loaders have become a mandatory requirement to artist rider. If this is something that you feel is impossible to provide then please contact Gary Kirves at Artist Events: 615-309-0458 4-5 stage labor helpers will be required starting June 2014. This part of the rider has recently been something that producers have either overlooked or are not taking seriously. Unfortunately, it has caused the band to bring this level of attention and IMPORTANCE to the issue. This is not a Rock& Roll ego trip or the bands desire to make anything more difficult or costly. It is simply the bands dedicated desire to get quickly set up, ready, and at their best physically during your concert.THIS REALLY IS NEEDED OR THEY WOULD NOT ASK FOR THIS LEVEL OF ASSISTANCE. The Devonshires carry a fairly large professional stage set with special effects. Mostly all equipment will be in professional cases on wheels. This is their show every time. No Exceptions. They will not do all Load in and be able to play a show and load out themselves same day.They physically can't do this. 4-5 Loaders are required at arrival to move and assist the band's complete setup and breakdown and truck loading. Loaders must be a separate crew from the production company. Volunteers are fine but the persons must be on site on time and ready for this job and dedicated to do the work needed. Delay of loaders arriving to stage on time will delay the entire show setup and breakdown. 'HIS IS IMPORTANT I'd like to thank you in advance for the cooperation to this IMPORTANT PART OF THE RIDER. I apologize in advance to the producers out there that know exactly how to accomplish professional level load-in, load-out STAGE LABOR request. Please disregard this addendum if you are in this category. Arrival Time - Departure Time Please have 4-5 loaders in place on arrival -that is 4-5 strong alert younger men who can lift 150 lbs and walk while lifting. Ideally,those doing this stage work should be the same people IN AND OUT. Each helper will be assigned a band member to assist in the process and that individual will be with that band member to help as needed throughout.This person must be able to speak English and understand the basics in taking direction. This will be approximately 1 hour at load-in and 1 hour at load-out. Load-out after show is most important. Not supplying 4-5 Loaders at load-in or out will be considered a breach of artist contract. The terms of this rider addendum page is understood and agreed to by signatory of contract. --- L 2Z( 1 PURCHASER SIGNATURE DATE The Devonshires RIDER Addendum Important to your event PLEASE READ!!! The Devonshires have come to a realization the necessity to require four(4)or five(5) MEN stage loaders for load-in and load-out. Loaders have become a mandatory requirement to artist rider, If this is something that you feel is impossible to provide then please contact Gary Kirves at Artist Events: 615-309-0458 4-5 stage labor helpers will be required starting June 2014. This part of the rider has recently been something that producers have either overlooked or are not taking seriously. Unfortunately, it has caused the band to bring this level of attention and IMPORTANCE to the issue, This is not a Rock& Roll ego trip or the bands desire to make anything more difficult or costly. It is simply the bands dedicated desire to get quickly set up, ready, and at their best physically during your concert.THIS REALLY IS NEEQED OR THEY WOULD NOT ASK FOR THIS LEVEL OF ASSISTANCE. The Devonshires carry a fairly large professional stage set with special effects. Mostly all equipment will be in professional cases on wheels. This is their show every time. No Exceptions. They will not do all Load In and be able to play a show and load out themselves same day.They physically can't do this. 4-5 Loaders are required at arrival to move and assist the band's complete setup and breakdown and truck loading. Loaders must be a separate crew from the production company.Volunteers are fine but the persons must be on site on time and ready for this job and dedicated to do the work needed. Delay of loaders arriving to stage on time will delay the entire show setup and breakdown.THIS IS IMPORTANT I'd like to thank you in advance for the cooperation to this IMPORTANT PART OF THE RIDER. I apologize in advance to the producers out there that know exactly how to accomplish professional level load-in, load-out STAGE LABOR request. Please disregard this addendum if you are in this category. Arrival Time - Departure Time Please have 4-5 loaders in place on arrival -that is 4-5 strong alert younger men who can lift 150 lbs and walk while lifting. Ideally,those doing this stage work should be the same people IN AND OUT. Each helper will be assigned a band member to assist in the process and that individual will be with that band member to help as needed throughout.This person must be able to speak English and understand the basics in taking direction.This will be approximately 1 hour at load-in and 1 hour at load-out. Load-out after show is most important. Not supplying 4-5 Loaders at load-in or out will be considered a breach of artist contract. The terms of this rider addendum page is understood and agreed to by signatory of contract. / / 22,( I Ic PURCHASER SIGNATURE DATE .— t�IQQ ��JJ `.