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HomeMy WebLinkAboutSounds of Summer (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: 2-1 Z7/ 2--y Department: G`(-. kj Vendor Name: SO1ttt S off" SUN\ er Sign Date: 21 ;-(t I aLi Ending Date: (Q 12'2 1 ay Amount of Original Contract: `1 SoO ' o 0 Is this an amendment or change order to original contract? Yes or No Amended Contract Amount: Purpose: For Clerk's Office to fill out Date uploaded to Gateway: PERFORMANCE CONTRACT FOR SOUNDS OF SUMMER This contract is made on this day of January 19, 2024, between C 04 •it-JZC/C1`,ZQ 6.4% ark( (the "Purchaser") and Sounds of Summer: A Beach Boys Tribute (the "B d") for the hiring of Band as independent contractors to perform (the "Show") for Purchaser at r;vcrS tc. (venue), at the address It is agreed as follows: 1. Place, date, and time of Show. The parties agree that the time and place of Show will be Venue, located at the above address, on June 21, 2024 with a start time of $.'30p,.,FST. 2. Description of Show. Show will be a musical performance with musical content decided by Band. Show will last approximately 2 hours including one 15-minute intermission. 3. Payment. Compensation for the Shows will be $4500, payable by Check made out to Sounds of Summer. A 50% deposit of$2250 is due by April 1, payable by check made out to Sounds of Summer, mailed to the following address: 565 S Easy St, North Vernon, IN 47265 This is a required condition for the contract to proceed; if a 50% deposit of$2250 is not tendered by April 1, no further obligation for either party comes due. The remaining 50% of the payment is due immediately prior to Band's Show, but may be made earlier. 4. Contract Return This performance contract is to be signed and returned digitally by email to soundsofsummertribute@gmail.com or returned by mail to the above address as soon as possible. 5. Cancellation. If full payment is not made by the time immediately prior to Band's Show, Show may be canceled by Band, and Purchaser may not seek any damages. If Show is canceled 30 or more days prior to the performance the Band keeps Purchaser's 50% deposit and not require any additional fees. If the Purchaser cancels within 30 days 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. In the case of a pandemic, if Federal or State law or mandate does not allow for such an event to occur, cancellation by Purchaser will require Band to forfeit the initial 50% down payment and effort will be made by both parties to reschedule for a future date. Page 1 of 4 Sounds of Summer Performance Contract 6. Stage and Lights Purchaser will provide quality lighting gear, PA, sound 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. Band will provide own back line, vocal microphones, instruments, and in-ear monitor systems. 7. Dressing Room Band will be provided a secluded space for dressing and relaxation prior to the show with ample space, minimum of 4 chairs, and a private bathroom. Band will have the option for privacy with complete isolation from venue staff. 8. Food and Drink. • Drink - A case of 24 bottles of purified water will be provided backstage for the band • Food — Purchaser will provide Band 4 meals prior to performance at a nearby restaurant, at least 60 minutes prior to the start of the performance for convenience to ensure prompt commencement of Show. Alcohol will not be included. 9. Accommodations No hotel accommodations will be provided. 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 hours 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. Sound check will occur for whatever duration is deemed necessary by Band to achieve adequate satisfaction with monitor mixes. 12. 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. 13. 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. Page 2 of 4 Sounds of Summer Performance Contract 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. 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 an 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 months 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). Failure of Purchaser to comply with the stipulations of this contract could result in delay of the start of the performance resulting in a shortened performance. Page 3 of 4 Sounds of Summer Performance Contract Signatures: Signature of Band Representative: Date: 11-/7!CA 01/19/2024 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 Representative6Signature: Date: (10 \. 0.06 94a124._ Purchaser's Representative printed name and title: "LtdOtIOA Cedr-CA. 5004 NAAAftrAi Page 4 of 4 Sounds of Summer Performance Contract