HomeMy WebLinkAboutEn Vogue 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:) 3 1 0°l
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Vendor Name: EV1 V ✓e. i
Sign Date: 3 J,. S 1 a c/
Ending Date: (, I i (QI,),(/ j
Amount of Original Contract: 0 v 1 000
Is this an amendment or change order
to original contract? Yes or No
Amended Contract Amount:I
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Purpose:
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For Clerk's Office to fill out
Date uploaded to Gateway: .�M-/ J
Contract ti: 500068,14
LAG
Issue Date: 3/19/2024
Agreement made this date,Tuesday,March 19,2024 by and between En Vogue Enterprises,LLC(hereinafter referred to as Artist)
and City of Jeffersonville(hereinafter referred to as Purchaser).It is understood and mutually agreed that the Purchaser engages
the Artist to perform the following engagement upon all the terms and conditions hereinafter set forth:
Artist: En Vogue
Billing: 100 ,Headline-First Line Billing-Band Show
Date of Engagement: Saturday,June 15,2024 No.Shows:One(1)
Engagement Venue: Riverstage
100 West Riverside Drive
Jeffersonville,IN 47130
United States
Tickets: Tier Quantity Comps/Kills Ticket Price Total
General Admission 7000 — -
Totals 7000 -
Gross Potential —
Net Potential —
Compensation: $75,000.00 USD Flat Guarantee.PLUS Purchaser to Provide and Pay for$5,000+1ete1-arad-Gr lcl.buyout,
as well as purchaser to provide all backline requirements ar1F4-AFis2-ricfef-reduiremerlts.
Radius Clause: 100 miles-21 days prior and after
Additional Provisions: Purchaser to provide and pay for high quality sound and lights per Artist's specifications and approval.
Due to the COVID-19 pandemic all Meet&Greets are strictly prohibited.This is done as a safety
precaution for all parties.If the Purchaser,or anyone associated with the Purchaser,attempts to force
Artist to participate in a meet and greet,the Purchaser will be declined and fined$1,000.00 for each
attempt.
Walkout Potential: $75,000.00
Merchandise: Artist sells:100%All Merchandise
Schedule: Doors-TBC-Per Advance
En Vogue-TBC-Per Advance,Band Show
Curfew-TBC-Per Advance
Deposits: All payments shall be paid by PURCHASER in United States Dollar(unless otherwise mentioned)by Wire
Transfer/ACH/Cashier's Check
Due Date Amount Comments
4/1/2024 $37,500.00 Deposit `
4/1/2024 $2,500.00 -Hotel irouocLiluyejt^ 14o Sp•�0.`.�y i- (OVk--
6/15/2024 $37,500.00 Balance via city check DOS ) J
6/15/2024 $2,500.00 .144ete1-and-Ground-Bayout2— do sy AAA. b t)o
BANK WIRE INFO:
BANK:US BANK CALIFORNIA
BANK ADDRESS:9460 WILSHIRE BLVD,BEVERLY HILLS,CA 90212(Do not send checks to this address.)
ACCOUNT NAME:AGENCY FOR THE PERFORMING ARTS,LLC
SWIFT NO:USBKUS44lMT
ABA NO:122235821
ACCOUNT NO:158300227218
MEMO DATE OF ENGAGEMENT/ARTIST/LOCATION
Please include Artist and performance date on the payment memo.
10595 Santa Monica Boulevard,Los Angelo:,CA 90025 Initial
3 Columbus Gala,23rd Floor,Nen York,NY 10019
424 Church St.Suite 900,Nashville,TN 37219 Page 1 0l 5
Contract#' 50006044
Promoter Company: City of Jeffersonville-500 Quartermaster Ct Jeffersonville,IN 47130
Event Contacts: Seth Cohen(Talent Buyer) Email:scohenipyramid-ent.com
City of Jeffersonville(Talent Buyer) Email:TYoung@CityofJeff.net
CityofJeff.net
Agency Contacts: Alex Chaykin (Responsible Agent)
Alex Chaykin (Booking Agent)
Contract Due: Buyer signed contract and rider due to IAG no later than Monday,April 1,2024.
Failure to present the engagement shall not relieve the Purchaser of the obligation to pay the guarantee in full.
It is expressly understood by the Purchaser(s)and the Artist who are party to this contract that neither IAG nor its officers nor its
employees are parties to this contract in any capacity and that neither IAG nor its officers nor its employees are liable for the
performance breach of any provisions contained herein.Should any Rider,Addendum and/or Expense sheet be annexed to this
Agreement it/they shall also constitute as part of this agreement and shall be signed by all parties to this contract.This contract and
its attachments may be executed and exchanged electronically or by fax.
IN WITNESS WHEREOF,the parties have executed this Agreement on the date first above written.
By: X qi.19601/4,4-A, B : X PL�6� /LlZ4e/1.-
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SIGNATURE OF PURCHASER SIGNATURE OF ARTIST
Elizabeth Carter En Vogue Enterprises,LLC
City of Jeffersonville Business Address: P.O.Box 7429 Santa Monica,CA 90406
500 Quartermaster Ct
Jeffersonville,IN 47130
10585 Santa Monica Boulevard,Los Angeles,CA 90025 Jtl�rnitial
3 Columbus Circle,23rd Floor,New York.NY 10019
Page 2 of 5
424 Church St.Suite 900,Nashville,TN 37219
Contract#: 50006844
STANDARD TERMS AND CONDITIONS
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.
ARTISTS 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.
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(ill)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.
ARTISTS 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 ARTISTS 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 Artists 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 end 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 shall be based on whichever of the following is more favorable to Artist(I)the ticket price scaling set for in the underlying
Agreement ores 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,end any and all employees of Artist and any and all representatives ofArtist
10585 Santa Monica Boulevard,Los Angeles,CA 90025 lA in111e1
3 Columbus Circle,23rd Floor,New York,NY 10019
424 Church St.Suite 900,Nashville,TN 37219 Page 3 of 5
Contract#: 50006844
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.
PURCHASER'S DEFAULT/CANCELLATION:If,on or before the date of Artist's engagement.Purchaser falls 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 falls 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
Notwithstanding the foregoing,and for the avoidance of doubt,If Purchaser cancels the Engagement directly or indirectly due to COVID-19(or similar
pandemic),then Artist's obligations hereunder will be fully excused and Purchaser shall nevertheless pay Artist an amount equal to the full Guarantee plus all
other payments and compensation due hereunder,if any.
ARTISTS 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.Notwithstanding the foregoing:(I)Purchaser shall be obligated and liable
to Artist for such proportionate amount of the payments provided for herein as may be due hereunder for any performance(s)which Artist may have rendered
up to the time of the inability to perform by reason of such Force Majeure Event;and(II)in the event of such non-performance as a result of a Force Majeure
Event,if Artist Is ready,willing and able to perform(but for the occurrence of such Force Majeure Event),Purchaser shall nevertheless pay Artist an amount
equal to the full Guarantee plus all other payments and compensation due hereunder.For clarification,In the event of cancellation due to any Force Majeure
Event,and whether or not Artist is ready,willing and able to perform,Purchaser shall remain responsible for all transportation,accommodations,expense
reimbursements and any other payments or compensation due Artist and Artist's crew and entourage pursuant to the terms of this Agreement.
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;epidemic,pandemic,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.
For the avoidance of doubt,if within two(2)weeks prior to the Engagement,any governmental authority having jurisdiction over Artist and/or the Venue,issues
any legislation,directive,or advice that relates directly or Indirectly to COVID-19(or similar pandemic),which either(a)materially and adversely Impacts the
Engagement,Including,but not limited to,reducing Venue capacity In connection with the Engagement,(b)prevents the Engagement from occurring In
accordance with the terms set forth In this Agreement,or(c)prohibits Artist from traveling In connection with the Engagement,then Artist's obligations
hereunder will be fully excused and Purchaser shall nevertheless pay Artist an amount equal to the full Guarantee plus any other payments and compensation
due hereunder,If any.
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,loss 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.
10585 Santa Monica Boulevard,Los Angeles,CA 90025 ru.x'lhitlol
3 Columbus Circle,23rd Floor,New York,NY 10019
424 Church St.Suite 900,Nashville,TN 37219 Page 4 of 5
Contract#: 50005844
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 California,and the
state and federal courts located In Los Angeles County in the State of California 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.
10585 Santa Monica Boulevard,Los Angeles,CA 90025
3 Columbus Circle,23rd Floor,New York NY 10019
424 Church St.Suite 900,Nashville,TN 37219 Page 5 of 5