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HomeMy WebLinkAboutVELGRO PYGMIES uocuoign nveiope iu:1OWJUU1e-n4 -ounavusian1,a ddE CRESCENT MOON ENTERTAINMENT 107 Music City Circle,Suite 203,Nashville,TN 37214 615-254-7553 toll-free 1-855-554-7553 fax 615-244-4858 PERFORMANCE CONTRACT This Contract made this date: 12/6/2018 Between: JEFFERSONVILLE RIVER STAGE (Purchaser) and VELCRO PYGMIES (Artist) Purchaser so engages Crescent Moon Entertainment to contract said Artist for performance as stated by the terms and conditions set forth below: Place of Performance: JEFFERSONVILLE RIVER STAGE,Spring&Riverside Drive, Jeffersonville,IN Phone: Date(s)of Performance: Friday August 16,2019 Hours of Performance: TBA Setup to be completed by: Total Wages Agreed Upon: $3,500.00(THREE THOUSAND FIVE HUNDRED AND NO/100 DOLLARS) Purchaser to pay a deposit of: deposit(a): $1,000.00 is due by 7/16/2019 to CRESCENT MOON ENTERTAINMENT (federal tax ID number 62-1449253) With balance due to artist of: Balance of $2,500.00 payable in cash(preferred)or check made payable to Cameron Flener and given to him immediately following the performance. Other Terms and Conditions: Artist -ader: CAM FLENER Purchaser's Name:JEFFERSONVILLE RIVER STAGE ld. Sign. re of Artist Leader or Ma•.•- Signature for Purchaser Agent: Bill Puryear Contact: Sa a-Simpson ' ssimpson@CityofJeff.net bil©cmoonent.com 502-468-1751 The above signatures on this contract confirm that the parties have read and approved each and all of the additional terms and conditions set forth on the reverse side(page 2)hereof. Deposit: Date received this space for office use only Amount received www.cmoonent.com 12/6/2018 1:42:06 PM Created by Book-It2000 ver 3.1 Contract 1.0 Page 1 of 2 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. ir?JtlAi //f dat / PURCHASER 11,; ARTIST Sara&etru1>! I Jeffersonville arks E"Rec The Hootz I Artist Events,Inc. 502.468.1761 Angela Marino I Personal Manager ssimpson@cityofJeff.net 615.309.0458 DocuSign Envelope ID:15613C9B-B471-414F-8697-6DB9DD319BC5 The Velcro Pygmies Technical Requirements&Rider updated 930/17 Stage: The Pygmies need a stage at least 2011 wide.16 feet deep,and 2 II high.Bigger really is better for everybody involved.The stage MUST be sturdy,and level,with no gaps,voids,or bodies of standing water. Stage, wings,and sound booth must be on u level and stable surface(ie...nor mud,grass,or sand).if this isn't possible please notify petetltzgerald@ephl9.eom immediately and ask ifspecial arrangements can be made. Power: In order to safely operate their lighting,The Velcro Pygmies will need access to an electrical service panel with a minimum of 100 amps available.This panel should be located AT THE STAGE,or within Loch of the stage and have 2"huts",a"common",and an"earth"ground.Please note,some venues require that a qualified licensed electrician be present during the"tying"and"untying'of power. Catering: I case of Coors light,I six pack of Coca Cola,I six pack of Mountain Dew, 12 bottled waters,3 bags of ice, 4 thin crust pepperoni pizzas. Drinks should be available during load in with food being delivered 1 hour after load in has begun. Parking: There must be parking for two cars and one 24 foot truck.These vehicles must be accessible at all times. Merchandise: The Velcro Pygmies will retain 100%of merchandise sales and are guaranteed the opportunity to sell it at the show in an area adjacent to the stage if physically possible. Buyer agrees to provide at least one 6x3 table or equivalent. Artist will staff this area and handle all merch money Access to loading and performance area: Performance area must be accessible to a 24 foot long 13 foot high truck.Truck needs to be within 10 feet of entrance to performance area.Truck must be able to be unloaded onto a smooth hard surface.Grass,sand, gravel,aggregate,brick,and dirt are not acceptable.If loading area is not on a hard surface,a W'plywood pathway must be laid down from loading area to performance area.Doorways must be a minimum of 30 inches wide. NO STAIRS in excess of three steps. In the absence of these conditions Purchaser agrees to provide four sober persons to load in out, Weather: The Velcro Pygmies LOVE to play outdoors but there are some limits. If the temperature is below 55 degrees they can't physically do. Just can't. Also,if the chance of rain is more than 50%the band will not be required to set up outdoors. If they DO set up and it becomes unsafe due to rain or especially lightning, the band must stop the show until it clears up and there has been no lightning for 45 minutes. Nobody works harder than The Velcro Pygmies do to make a show happen but bad weather trumps everything Venue Representative: Buyer should provide contact information for a duly authorized representative.This person should be able to answer specific questions concerning access and set up. Drum Screens: Under no circumstance will The Velcro Pygmies use u drum screen,or any similar device that restricts interaction between dnunnter and other band members,even in an attempt to contain volume Extra Playing Time: Occasionally three hours of Velcro Pygmies just isn't enough. If you find yourself in that position but you're afraid to ask how much it will cost, here you go: The Velcro Pygmies will perform extra time,in half hour blocks,for 50%of a pro rata amount. To be clear,an extra hour of an engagement with a gross price of 510,000 would be Sl.666.66(gross price divided by three hours equals$3,333.33.times 50%equals $1666.66). Don't make it awkward for the guys,write the check when you ask! Opening Acts: No opening acts arc allowed without WRITTEN and PRiOR approval from the band or management. This is a big deal as any opening act requires much prior coordination. Don't try it!! If any of these minimum requirements can not be met please contact The Velcro Pygmies Tour Manager immediately at peteliitzgerald@epbft.com or contact your booking agent to discuss alternative arrangements. Ptrchaser elate C L--