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HomeMy WebLinkAboutThe Reverend Peyton's Big Damn Band (Riverstage Performance) City of Jeffersonville Government Contract Coversheet Please note:All information MUST be completely filled out and submitted to Clerk's Office within 48 hrs of execution. Date Submitted to Clerk: -2-/ Z 7 1 Z(f Department: alr- �S Vendor Name: AR_ Lu{ctn,! s b.5 ba'A LAX Sign Date: v'1I o2(e f a l Ending Date: g 13 Amount of Original Contract: ��� Is this an amendment or change order to original contract? Yes or i o Amended Contract Amount: Purpose: For Clerk's Office to fill out Date uploaded to Gateway: MADISON H O U S E The Reverend Peyton's Big Damn Band - August 02, 2024 Jammin In Jeff West Riverside Drive Jeffersonville, Indiana United States This PERFORMANCE CONTRACT is made by and between The Reverend Peyton's Big Damn Band. LLC ("ARTIST COMPANY"), and Parks Authority Board ("PURCHASER") for the engagement listed below, and consists of the terms and conditions set forth below, together with the Additional Terms and Conditions, the Artist's Rider (if any) and any other exhibits and addenda which are attached hereto, each of which are expressly incorporated herein by reference (collectively, this "AGREEMENT"). In consideration of the promises and mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, PURCHASER and ARTIST COMPANY hereby agree as follows: Deal Guarantee $7,000.00 $3,500.00 Deposit(50%)- Due 60 days before event Event Details Event Summary Contract Due Date January 30,2024 Gross Potential $0.00 Event Date(s) August 02,2024 Adjusted Gross Potential $0.00 The Reverend Peyton's Big 5:00 PM Fri,Aug 2 Ticket Sales Tax(0%sales tax) -$0.00 Damn Band-Sound Check Net Gross Potential $0.00 The Reverend Peyton's Big 8:30 PM(90min) Damn Band -Set Time Fixed Expenses+Artist Payout -$7,000.00 Net Profit(Promoter) -$7,000.00 Expense Summary Total Expenses$7,000.00 Fixed Expenses+Artist Payout $7,000.00 Talent Pay Expense (H)The Reverend Peyton's $7,000.00 Big Damn Band (S)TBD $0.00 Totals: $7,000.00 Contacts Christopher Lowe Artist(Artist),Contracts livevolkadvance@gmail.com (615)275-5041 (Artist),Manager(Artist), Accounting Settlements (Artist), Financial Itineraries Brad Raffenaud Agent,Contracts(Artist), brad@madison-house.com Financial Itineraries Sophia Crane Contracts(Artist),Agent sophia@madison-house.com (909)518-8153 Assistant,Financial Itineraries Brett Steele Artist Management(Artist), brett@steelemgmt.net (727)420-1547 Contracts(Artist),Accounting Settlements(Artist), Financial Itineraries Tara Young Day of Show Contact(Event), TYoung@cityofjeff.net (502)727-3043 Promoter(Event) Lisa Carter Powered by <4 Prism.fm PURCHASER'S DEFAULT/CANCELLATION: If,on or before the date of Artist's engagement, Purchaser fails or refuses to perform any contractual obligations relating to Artist's engagement herein and/or any contractual obligation with any other performer, or if the financial status of Purchaser has been impaired, or in the opinion of Artist or Artist's representative, is unsatisfactory, Artist shall have the right to demand payment of the full Guarantee. If Purchaser fails or refuses to make such payment,then such failure shall be deemed a material breach of this Agreement,and Artist shall have the right,without prejudice to any other rights or remedies,to: (i)immediately terminate this Agreement and cancel Artist's engagement hereunder;(ii) retain all amounts previously paid to Artist by Purchaser;(iii) receive the full Guarantee (or balance thereof)and all out of pocket expenses incurred by Artist in connection with Artist's engagement. For the avoidance of doubt, Purchaser shall remain responsible for all.transportation, accommodations and expense reimbursements for Artist and Artist's entourage pursuant to this Agreement. ARTIST'S CANCELLATION: Purchaser agrees that Artist may cancel Artist's engagement hereunder without liability by giving the Purchaser notice thereof at least thirty(30)days prior to the commencement date of the engagement hereunder. Upon termination of this agreement in accordance with this paragraph,Artist shall return to Purchaser any deposit previously received by Artist 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. FORCE MAJEURE: If, as the result of a Force Majeure Event(as defined below),Artist is unable to,or is prevented from, performing the engagement or any portion thereof,Artist's obligations hereunder will be fully excused,there shall be no claims of any kind for damages or expenses of any kind by Purchaser, and Purchaser shall bear its own costs and expenses in connection with this Agreement. If Purchaser cancels for Force Majeure Event and Artist is willing and able to perform,then Artist shall be paid in full unless otherwise agreed upon between parties. If Purchaser cancels for Force Majeure Event and Artist is not willing and able to perform,then Artist shall return any deposit and Purchaser is not liable for any additional payment. If Artist cancels for Force Majeure Event,then Artist shall return any deposit and Purchaser is not liable for any additional payment unless otherwise agreed upon between parties. Artist is not responsible for any other damages or costs relating to such Force Majeure Event cancellation unless otherwise agreed between parties. If Purchaser cancels for Force Majeure Event, regardless of whether Artist is willing and able to perform, Purchaser is responsible to reimburse artist for all travel, lodging,and other related expenses to the extent actually incurred by Artist(subject to negotiation). Notwithstanding the above, if Purchaser cancels for Force Majeure Event and receives insurance payment from event cancellation insurance, then Artist is entitled to receive and retain the full Guarantee. Notwithstanding the above, if Artist performs a portion of its obligation before the Force Majeure Event cancellation (for example,one show when two were booked)then Artist is paid a proportionate amount of the guarantee as negotiated between the Purchaser and the Artist for the portion that was performed.Weather events that occur prior to or during events are not considered FM events unless they are accompanied with a local,state, or federal order that requires evacuation or limits travel to emergency vehicles only. A"Force Majeure Event" shall mean, but shall not be limited to,any one or more of the following acts which makes any performance by Artist contemplated by this Agreement impossible, infeasible or unsafe: acts of God;acts of public enemy; acts or threats of terrorism; insurrections; riots or other forms of civil disorder; embargoes; labor disputes (including,without limitation, strikes,lockouts or boycotts);fires; explosions;floods; shortages of power or other essential services;failure of technical facilities; failure or delay of transportation; death, disability, illness, injury or other inability to perform by Artist, any of Artist's musicians,other performers,crew, representatives or advisors,any of Artist's family members,any of Purchaser's key personnel,or any other person personally known to Artist whose death,disability, illness or injury adversely impacts Artist's ability to perform in connection with the engagement; or other similar or dissimilar causes beyond the control of Artist which make any performance(s)contemplated by this Agreement impossible, infeasible or unsafe, For the avoidance of doubt, poor ticket sales shall not be deemed a Force Majeure Event. INCLEMENT WEATHER: Notwithstanding anything to the contrary contained herein, inclement weather shall not be deemed a Force Majeure Event,and Purchaser shall remain liable for payment to Artist of the full Guarantee plus all other compensation due hereunder if Artist's engagement is rendered impossible, infeasible or unsafe by such weather conditions. For clarification, Purchaser shall remain responsible for all other terms and conditions of this Agreement, including,without limitation, accommodations,transportation and expense reimbursements for Artist and Artist's crew and entourage. LIMITATION OF LIABILITY: In no event shall Artist(nor any of Artist's agents,representatives, principals, employees, officers, directors and affiliates)be liable to Purchaser for any indirect, incidental,consequential, special, punitive,exemplary or any similar damages, including,without limitation, lost profits, toss of revenues or income,cost of capital or loss of business reputation or opportunity,as to any matter relating to,or arising out of,Artist's engagement hereunder or the transactions contemplated by this Agreement,whether in contract,tort or otherwise. NOTHING CONTRARY TO LAW: Nothing herein contained shall require the commission of any act contrary to law or contrary to the restrictions of any guild or union having jurisdiction over Artist's engagement hereunder. In the event of any conflict between any provision of this Agreement and any such law or restriction, such law or restriction shall prevail and this Agreement shall be curtailed, modified, or limited only to the extent necessary to eliminate such conflict. ENTIRE AGREEMENT:These Standard Terms and Conditions are hereby incorporated into the Agreement and any addendum(s) thereto. In the event of any conflict between these Standard Terms and Conditions and the Artist's rider provided by Artist or Artist's representative attached hereto(if any),Artist's rider shall control.This Agreement shall constitute the entire agreement between the parties hereto concerning the subject matter hereof and may not be modified except by an instrument in writing signed by both parties.This Agreement shall be construed in accordance with the laws of the State of Colorado, and the state and federal courts located in Colorado shall have exclusive jurisdiction over any matters pertaining hereto.This Agreement may be executed in two or more counterparts,each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument. Delivery of an executed copy of this Agreement by facsimile or electronic delivery shall be deemed a valid and binding original. Powered by /�,Prism.fm ROYALTIES: Purchaser will be responsible for the payment of all music royalties in connection with Artist's engagement hereunder. WORK PERMITS AND VISAS: Purchaser shall be solely responsible for procuring and paying for,at no cost to Artist, all work permits and visas required for the engagement. Failure to procure such work permits and visas or provide necessary documentation to obtain them will be deemed a material breach of this Agreement, and Artist(i)will be relieved of any further obligations Artist may have pursuant to this Agreement; (ii) shall have the right to retain all monies previously paid by Purchaser;and (iii) shall be entitled to exercise all rights and remedies otherwise available to Artist at law, in equity or otherwise as if Artist has fully performed all obligations under this Agreement.Artist agrees to provide all personal information reasonably required in order to enable Purchaser to procure such work permits and visas. CONFIDENTIALITY: Purchaser understands and agrees that no information regarding show grosses or attendance will be reported to any third party without the express prior written permission of Artist or Artist's representative. Failure to comply will be treated as a material breach of this Agreement, and Artist reserves all rights and remedies available to Artist at law, in equity or otherwise. Under no circumstance is Purchaser to announce or advertise the engagement without the prior written approval of Artist or Artist's representative. ARTIST'S RIGHT TO PAYMENT OF GUARANTEE IN ADVANCE: If: (a) Purchaser fails to pay when due any amounts owed Artist hereunder when due; or(b) Purchaser fails to perform any material obligations hereunder,or(c)Artist has good faith reason to believe the Engagement may be cancelled,then Artist shall have the right to request full payment of the Guarantee in advance of the engagement date(s)and Purchaser agrees to remit full payment of the Guarantee to Artist via bank wire promptly upon request. BILLING: Artist's engagement hereunder shall receive billing in such order,form,size and prominence as directed by Artist or Artist's representative in all advertising and publicity issued by or under the control of Purchaser, including, but not limited to, displays, newspapers, radio and television ads, posters and house boards. USE OF ARTIST'S NAME AND IMAGE: Purchaser may only use Artist's name and pre-approved voice, photograph, likeness, image or other identification of Artist in connection with Purchaser's advertisements and publicity for Artist's engagement hereunder. Purchaser may not use Artist's name,voice, photograph, likeness, image or other identification of Artist as a direct or implied endorsement of any product or service.There shall be no corporate or product or service name or logo included in any such advertising or publicity without the prior written approval of Artist or Artist's representative obtained in each instance. Notwithstanding the foregoing,the placement,form, content,appearance and all other aspects of Purchaser's use of Artist's name,voice, photograph, likeness, image or other identification of Artist shall at all times be subject to the prior written approval of Artist or Artist's representative. MERCHANDISING: Artist shall have the exclusive right to sell merchandise in connection with Artist's engagement hereunder, including but not limited to,soft goods (e.g.T-shirts),souvenir programs,photographs,posters,stickers and CDs,on the premises or otherwise,and Purchaser shall have no right to share in the proceeds from the sale of such merchandise. NO REPRODUCTION PERMITTED: Purchaser will not and will not permit or authorize others(including,but not limited to,venue employees, representatives and contractors)to record, broadcast, photograph or otherwise reproduce in any manner the audio or visual performance by Artist or any part thereof. STAGE SEATS: It is understood and agreed that no stage seats are to be sold or used without the prior written consent of Artist or Artist's representative. PROMOTION: Purchaser shall not announce,advertise, promote or sell tickets to Artist's engagement until written authorization has been obtained from Artist or Artist's representative. Purchaser agrees to promote the engagement to the best of Purchaser's ability by print, radio,and website and otherwise.There shall be no promotion or co-promotion with any radio station without the prior written approval of Artist or Artist's representative. Purchaser shall not commit Artist to any interviews,promotional appearances,meet and greets or other promotional activities without the prior written consent of Artist or Artist's representative TICKETS: All tickets shall be numbered. No tickets shall be priced at higher than the agreed upon price(exclusive of tax) without the prior written approval of Artist or Artist's representative. If ticket price scaling is varied in any manner,the percentage of compensation payable to Artist shalt be based on whichever of the following is more favorable to Artist: (i)the ticket price scaling set for in the underlying Agreement or as otherwise agreed in writing by the parties; or(ii)the actual ticket price. There shall be no dynamic ticket pricing without the prior written approval of Artist or Artist's representative.Any inclusion of Artist's engagement hereunder in a subscription or series offer shall be subject to the prior written consent of Artist or Artist's representative. INDEMNIFICATION: Purchaser shall defend, indemnify and hold harmless Artist,and any and all employees of Artist and any and all representatives of Artist from and against any and all costs, claims, expenses(including attorneys'fees and court costs), Liabilities,damages,losses or judgments arising out of or in connection with, any claim,action or demand sustained as an indirect or direct result of,Artist's engagement hereunder. INSURANCE: Purchaser shall add Artist and Artist's employees as additional insureds to a commercial general liability insurance policy with limits of liability of Five Million Dollars($5,000,000)for each occurrence in the event of death or bodily injury arising from the negligence of Purchaser as promoter and operator of the Venue. In addition,Artist and Artist's employees shall be covered by Purchaser's worker's compensation insurance. Purchaser shall provide evidence of the required insurance coverage prior to Artist's engagement hereunder. Powered by c, Prism.fm It is confirmed that we have read, understood and approve of the terms and conditions set forth in this contract. Artist Purchaser Company Name and Address Company Name and Address The Reverend Peyton's Big Damn Band,LLC Parks Authority Board Name, Relationship to Artist Name,Relationship to Purchaser Brett Steele,Artist Management(Artist),Contracts(Artist), Lisa Carter Accounting Settlements(Artist),Financial Itineraries Email,Phone Email,Phone brett@steelemgmt.net,(727)420-1547 Signature, Date Signatu e 7.—tifi ..--t71-4)1fri 2/16/2024 #)$Iii ‘rd5'-Th *(94091tt Additional Terms and Conditions CONTRACT&RIDER:Signed contract and rider are due within seven(7)days of receipt(to saraw@madison-house.com). DEPOSITS: MADISON HOUSE DOES NOT ACCEPT PAPER CHECKS FOR DEPOSIT PAYMENTS. If you would like to pay online,or if payment by check is the sole option, please reach out to Kylee Phillips(kylee@madison- house.com)for an online link to submit payment. Deposit also payable by Wire Transfer/ACH to MADISON HOUSE. ACH is preferred. If sending a wire,please include$15 transfer fee. Please include Artist and performance date on the payment memo. City National Bank,N.A. 400 N. Roxbury Drive Beverly Hills,CA 90210 Beneficiary Information: Madison House LLC Routing ABA:1220-16066 Account Number:127242984 BALANCE PAYMENTS: Unless otherwise discussed,payment is due to the artist on site via check or cash. PRODUCTION CONTROLS:Artist shall have sole and exclusive creative control over the production,presentation and performance of Artist's engagement hereunder and any changes thereto. Purchaser agrees to comply promptly with the directions of Artist or Artist's representative concerning stage settings for Artist's engagement hereunder. ARTIST'S COMPENSATION: If payment to Artist is based in whole or in part on receipts from Artist's engagement hereunder, Purchaser shall first apply any and all receipts derived from Artist's engagement toward the payments required to be made by Purchaser hereunder. Purchaser agrees to provide Artist or Artist's representative with a certified statement of the gross receipts of Artist's engagement within two(2)hours following Artist's engagement.Artist may have a representative present at the box office who shall have access to Purchaser's box office records relating to Artist's engagement.Artist's compensation shall be paid to Artist without any deductions for taxes,fees,levies or union dues whatsoever,all of which shall be the sole responsibility of Purchaser. BALANCE OF GUARANTEE:The balance of the Guarantee shall be paid to Artist via bank wire no later than the scheduled engagement date if Purchaser fails to present the engagement. OVERAGES:All overage monies owed to Artist shall be paid to Artist immediately following Artist's performance by cash or cashier's check only. Powered by e Prism.fm