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HomeMy WebLinkAboutSOUNDS OF SUMMER PERFORMANCE CONTRACT FOR SOUNDS OF SUMMER This contract is made on this day of March 11, 2018, between JP-1-c 10 r Tv . (the"Purchaser') and Sounds of Summer(the"Band")for the hiring of Band as independent contractors to perform (the"Show")for Purchaser at , Q-f-f'p Cw (Sci (gyp h-ijlpf S C1 (the"Venue"), located at the address i LS D UJ. {�.VQ(Ssc e "1�r, 1-11 i 3� (Address of Venue). It is agreed as follows: 1. Place, date, and time of Show. The parties agree that the time and place of Show will be at Venue, located at the above-stated address on July 6, 2018 at 8:30 p.m. 2. Description of Show. Show will be a musical performance with musical content decided by Band. Show will last no longer 2 hours which includes one 15-minute intermission. No opening or additional acts may be added without permission from Sounds of Summer. 3. Payment. Compensation for the Shows will$4000 dollars, payable by Check made out to Sounds of Summer. A 50%deposit of$2000 is due by January 8, 2018, payable by check made out to Sounds of Summer. Contract to be signed and sent to Sounds of Summer immediately. Deposit can be mailed to: 18 W Chestnut St. North Vernon, IN 47265. This is a required condition for the contract to proceed; if a 50%deposit of$2000 is not tendered upon signing of this contract, no further obligation for either party comes due. The remaining 50% of Fee is due immediately prior to Band's Show, but may be made earlier. 4. Cancellation. If full payment is not made by the time immediately prior to Band's Show, Show may be cancelled by Band, and Purchaser may not seek any damages. If Show is cancelled prior to the month of the performance the Band keeps Purchaser's 50% deposit and not require any additional fees. If the Purchaser cancels during the month of the event,the Band receives their full payment for the show and keeps the Purchaser's 50% deposit. If Band is forced to cancel due to sickness or act of God at any time prior to ticket sales by Purchaser, Band must refund Fee in its entirety. 6.Stage and Lights Purchaser will provide quality lighting gear, PA, technician and stage to fit the needs of the bands provided stage plot. The stage must be of at least 16'x12'. The Band is not responsible for any costs in this department. Page 1 of 4 Sounds of Summer Performance Contract 7. Band Guest Tickets No complimentary tickets will be needed for this event as it is a free public event. 8. Food and Drink. (food option that corresponds with this event will be circled) • Drink -A case of 24 bottles of purified water will be provided backstage for the band • Food 1. At least 45 minutes before their performance the Purchaser will provide Band with 4 meals. OR 2. The Purchaser will provide Band with a cash buyout(at$25/person), before the start of the band's sound check. 9.Accommodations No lodging accommodations will be required for this performance. 10. Parking. Purchaser will secure sufficient parking for Band's large cargo vehicle within a reasonably convenient distance to Venue for a minimum period of 4 hours prior to the show and lasting until 2 hour after the show. 11. Sound Systems Check. A sound check conducted by Band is required, at a time to be mutually arranged between Band and Purchaser. 12. Merchandise. Venue will supply a space in an area within close proximity to the performance area to be made available to the Band for the purpose of merchandise sales and all sales proceeds will go directly to the Band. 13. Security, Health, and Safety. Purchaser warrants that Venue will be of sufficient size to safely conduct Show, that Venue is of stable construction and sufficiently protected from weather, and that there will be adequate security and/or emergency medical responders available if foreseeably necessary. Purchaser maintains sufficient personal injury/property insurance for Venue sufficient to cover foreseeable claims. 14. Indemnification. Purchaser indemnifies and holds Band harmless for any claims of property damage or bodily injury caused by Show attendees. 15. Arbitration settles disputes. Page 2 of 4 Sounds of Summer Performance Contract All claims or disputes by either party from or under this Agreement will be submitted to Any court that would otherwise have had jurisdiction over the dispute will enforce both settlement by the Arbitration Service and any arbitration award. Parties will be their own costs, save that any fee charged by Arbitration Service to submit the case to Arbitration Service may be recovered from the other party in a arbitration award. 16. Advertising. The Purchaser is required to provide substantial advertising for this event including and not limited to hanging posters in the venue and surrounding area, and advertising through any available online presence (Venue's website, newsletters, social media, ect.) starting no later than 2 month prior to this event. 17. Reproduction. The Purchaser agrees that it shall not reproduce or cause to be reproduced the Band's performance in the form of film, tape, or any other means of audio or visual reproduction unless prior arrangements have been made by the Band and Purchaser. 18. Disputes. Any controversies arising between the Band and Purchaser shall be resolved by the Courts of Jennings County under the laws of the state of Indiana. 19. Riders. Nothing in Agreement shall prevent any rider from being added to Agreement that is favorable to Band, as judged by Band. All riders must be in writing and signed by the party against whom enforcement is sought. The below-signed Band Representative warrants s/he has authority to enforceably sign this agreement for Band in its entirety. The below signed Purchaser's Representative warrants s/he has authority to bind Purchaser and Venue (above). Page 3 of 4 Sounds of Summer Performance Contract Signatures: Signature of Band Representative: Date: e 0377/20/6 Band's Representative typed name and title: Connor C. Ertel - Band Representative Band's typed name: Sounds of Summer: A Beach Boys Tribute Purchaser's Representativ Signature: Date: 37?, /f l Purchaser's Representative printed name and title: ?`e.S`, Page 4 of 4 Sounds of Summer Performance Contract