Loading...
HomeMy WebLinkAboutCAG2007-0869 - Original - Toastman, Inc. - Spotlight Series: Jake Shimavukuro - 07/25/2007 Records ' Management KENT Document WASHINGrON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact City Clerks Office. Vendor Name:' �1/� _ Vendor Number: JD Edwards Number Contract Number: This Is assigned by Deputy City Clerk Description: ' Detail: � .�,In� • X _,��_� Project Name e r Contract Effective Date: -7 Z bVI Termination Date: 1 I z- v PI Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Department: Rr Abstract: SPubhc\RecordsManagemenlVotRiS\ConlroclCover\ADCL7832 07/02 F 11'1cx.�C��G G o� '7/Z 7r0 -) KENT Otl W19HINGTON CONTRACTOR SERVICES AGREEMENT between the City of Kent and TOASTMAN INC. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and TOASTMAN, INC., c/o Agency for the Performing Arts, Inc. located and doing business at 3017 Poston Avenue, Nashville, TN 37203, 615-297-0100 (hereinafter the "Contractor") 1. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: Description: Jake Shimabukuro will present one public performance as part of the Kent Arts Commission's Spotlight Series Start Time/Duration/Stop Time: 7 30 p m 190 minutes terlr►i719:20 p.m. Day, Date, Year: Thursday, October 11, 2007 Event Location: Kentwood High School Performing Arts Center, 25800 1641h Ave SE, Covington,WA 98042 Merchandising: Contractor shall have the sole and exclusive right, but not the obligation, to sell merchandise directly pertaining to and/or bearing the likeness of Artist, inclusive of compact discs,at the performance. Contractor must provide all sales staff and will retain 100% of sales revenue Lodging: City will provide three (3) hotel rooms for the night of October 11, 2007 Hospitality: City will provide hospitality in dressing room prior to performance according to Contractor's rider (attached). Billing: "Jake Shimabukuro." Contractor to receive 100%sole headline billing in all advertising,with exception of season brochure Sponsorship: City reserves the right to obtain corporate sponsor(s)for Contractor's performance and will notify Contractor in advance of any sponsorship Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed It. COMPENSATION. The City shall pay Contractor the total sum of $6,000 flat for the work to be performed under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement A 10% deposit of $600.00 will be paid, by City of Kent check, to APA,Inc upon complete execution of contract. The balance of$5,4000 00 will be paid, by City of Kent check, to Contractor on the day of the performance y Tv -. Ka A, loc. Ill. PRESS MATERIALS. Contractor agrees to provide to the City where appropriate, at his or her own expense, complete press materials, including hard copy or high resolution electronic photographs, biographic descriptions, and program materials, not less than six (6) weeks prior to the initial event date for the City's use in promoting the event All publicity and promotional materials regarding the event released to the media or public by the Contractor shall credit the City of Kent for its support of the event or project IV. PERFORMANCE SPACE. The City agrees to furnish, at its sole cost and expense, a place of performance on the date(s) and at the time(s) contained in Section I The City shall also provide ushers, a house manager, and box office staff and any additional services and personnel as required by the City,for the efficient operation of the engagement Other arrangements will be the responsibility of the City and Contractor as follows below: CONTRACTOR SERVICES AGREEMENT- 1 (Under$10,000—Sole Performer) Venue: City will provide proscenium theater Kentwood High School Performing Arts Center. Sound: City will provide sound system according to attached technical rider.* Lights: City will provide general lighting Dressing Rooms: City will provide dressing room facilities according to attached rider* Technical Staff. City will provide sound and lighting technicians, and theater manager familiar with facility Contractor will provide any other technical staff, including a road manager or technical director, necessary for the performance *The attached technical rider is part of this agreement V. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested primarily only in the results obtained under this Agreement and compliance with its terms and conditions VI. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose VII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence, including assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction delivered in accordance with this Agreement constitutes an infringement of any copyright, patent trademark, trade name, or otherwise results in unfair trade practices The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. Vill. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. IX. TERMINATION AND BREACH. Either party may terminate this Agreement, with or without cause, upon providing the other party ninety (90) days written notice at its address set forth on the signature block of this Agreement. All costs incurred by the City due to Contractor's failure to comply with the terms and conditions of this Agreement shall be the responsibility of the Contractor The City may deduct its costs from any payments due to the Contractor or pro-rate the Agreement amount based upon the actual time of Contractor's performance compared to the contracted performance schedule X. IMPOSSIBILITY OF PERFORMANCE. Outdoor performances are considered "rain or shine " In the event that extreme inclement weather renders an outdoor performance impossible, the City will attempt to arrange an alternate performance space and Contractor will employ its best efforts to provide the contract work in that alternate performance space. Neither party shall be under liability for failure to perform in the event that such failure is caused by or due to acts or regulations of public authorities, civil tumult, strike, epidemic or any other cause beyond the control of either party In the event of a failure to perform as provided in this section, neither party shall be liable for the balance of the Agreement XI. MISCELLANEOUS PROVISIONS. A Discrimination In the performance of work under this Agreement or any sub-contract, the Contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,discriminate against any person B Recyclable Materials Pursuant to Chapter 3 80 of the Kent City Code, the City requires its Contractors to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product C. Non-Waiver of Breach The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect D Resolution of Disputes and Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Washington If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, CONTRACTOR SERVICES AGREEMENT-2 (Under$10,000—Sole Performer) shall only be by filing suit exclusively under the venue, rules.and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law, provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement E. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing F Assignment Any assignment of this Agreement by either party without the written consent of the non- assigning party shall be void If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. G Modification No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor H Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement All of the above documents are hereby made a part of this Agreement However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail I Compliance with Laws The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or arising out of the performance of this Agreement IN WITNESS, the parties below execute this Agreement,which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By. Y By: (sr ature) (signature) Print Name Azv ra s Pr Jeff Watling Its , Its. Director, Parks, Recreation and Co unity Services itle) DATE. - - o" (Title) DATE: �p-� NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: GAL 1 z r Gc I I It ' Ronda Bdlerbeck, Cultural Programs Manager C I City of Kent 1 41 '1.PC 220 Fourth Avenue South _ Kent, WA 98032 4-)-1 t It b S­ (telephone) 0 l (facsimile) (253) 856-5050 (telephone) (253) 856-6050 (facsimile) P1 FCRMSICON(RR�INMCOMCft FINRLSIadullanl5ttwweApea,nnWWP scan PafumnSm l4C CONTRACTOR SERVICES AGREEMENT-3 (Under$10,000-Sole Performer) 1 . EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS No Insurance is required for this Contract. { JAKE SHIMABUKURO rider Team Jake- Personal Management. FED-ID#02-0602506 Toasman, Inc Kazusa Flanagan P O Box 10821 Honolulu,HI 96816 Phone 808-221-1865 Fax 808-737-9431 E-mail toastman@hawan rr com OR toastman@lakeshimabukuro com Booking Agency APA Scott Galloway(RA) 3017 Poston Avenue Nashville,TN 37203 Phone 615-297-0100 Fax 615-297-4221 E-mail sgalloway@apanashvdle com US Publicity. Michael Bloom Media Relations Michael Bloom P O Box 41380 Los Angeles,CA 90041-0380 Phone 323 258 6342 E-mail musicpr@earthlink net (interviews&major press) US Record Label HITCHHIKE RECORDS Matt Bedard Public Relations&Marketing Coordinator Phone 808-781-3568 E-mail mattybizm@hawan rr com (promotional materials) International Record Label Sony Music Japan International Kazy Itoh kazy itoh@sonymusic co tp 1 JAKE SHIMABUKURO rider JAKE SHIMABUKURO RIDER TO CONTRACT DATED_ L tvqv__I This rider("RIDER") is attached to and made a part of the contract("THE CONTRACT") between Toastman, Inc ("PRODUCER")f/s/o JAKE SHIMABUKURO ("ARTIST") and the purchaser of said services("PURCHASER") as defined on the face of the contract in connection with the Artist's performance(s) at the venue(s)described therein (the"VENUE"or the"ENGAGEMENT"). Producer and Purchaser hereby agree to the following additional terms and conditions 1.BILLING i ADVERTISING Unless otherwise stated to the contrary in the Contract,Artist shall receive 100% sole headline billing in any and all press releases, advertisements and other publicity including, but not limited to,radio,television, ad mats,tickets, newspapers, programs,fliers, signs, lobby boards and marquees Unless otherwise stated to the contrary in the Contract,Artist billing must read"Jake Shimabukuro" Producer shall have approval over all advertising, promotions and sponsorship 2.CANCELLATION Producer shall have the right, In Its sole discretion, to cancel the Engagement without liability, by giving Pucohaser ereo a eas irty(30) dadays prior to the start of the Engame—ge--rit-----' 3.FO CE MAJEURE If Artist's erformance(s) hereunder is rendered Impossible, hazardous or Is otherwise prevented or impaire a to sickness, inability to perform, accident, interruption or failure of means of transportation, t(s)of God, riots, strikes, labor difficulties, epidemics, earthquakes,any act or order of any public thority, and/or any other cause or event, similar or dissimilar, beyond Producer's control,the Producer's obligations with respect to the affected performance(s)shall be excused and Producer all have no liability to Purchaser in connection therewith Provided Artist is ready,willing and abl perform, Purchaser shall remain liable to pay Producer the full contract price plus any monies ca d for In the Contract regardless of the occurrence of any of 2i the foregoing events For purposes o is provision, the term"Artist"shall include Artist or any member thereof 4.INCLEMENT WEATHER Producer's obligations hereunder shall be excused an oducer/Artist shall have no liability to Purchaser if Artist determines in good faith that their perform a is(or is likely to be)rendered impossible, hazardous or is otherwise prevented or impaired due clement weather In such event(and notwithstanding anything to the contrary), Purchaser shall re in liable to Producer for the full contract price plus any percentage monies called for in the Contra 5. STAGING Purchaser shall provide and pay for an adequate stage suitable for its intended purpose Without limiting the generality of the foregoing,said stage shall be designed and constructed in order to accommodate Artist's production requirements including those contained in the attached Artist Production Rider(if any) If the Engagement is to be performed outdoors, Purchaser shall provide and pay for adequate stage covering and grounding to protect all persons and equipment involved in the production of the Engagement(including Artist and their crew)from inclement weather and dangerous conditions resulting therefrom The foregoing shall apply to,without limitation,all stage areas,mixing consoles and wiring Producer shall have the sole right to determine in good faith whether such covering and grounding is adequate Artist shall be accommodated with,at no cost to Artist a sound check on performance stage,scheduled with the approval of Artist,and to conclude before doors open to the public The sound check will be as fully equipped and professionally staffed,with sound engineers,as the scheduled performance(s) 2 JAKE SHIMABUKURO rider 6. CREATIVE CONTROL Producer shall have exclusive control over all creative elements of the Engagement including, Vtti f jj without limitation,the creative elements of the following sound, lights, choice of performers (including master of ceremonies and welcoming speakers) and their length of performance, stage Oy�ttiY`, sets, curtains, backdrops, song selection, manner of performance, and any music,film or videotape played to patrons at any time during the Engagement including prior to performance txy and during intermission (if any) Artist requests that there be no Hawaiian opening acts, no Hawaiian themed concessions and no song requests whatsoever. 7.ANCILLARY RIGHTS a. RECORDING Purchaser agrees that Artist's performance hereunder, including any part thereof, shall not be C� 1 broadcast, photographed, recorded, filmed,taped or otherwise reproduced in any form, by any method,for any purpose,without Artist's and Producer's prior written consent. C� A4Ll b MERCHANDISING Producer,or its designee, shall have the sole and exclusive right,without obligation to any party, to sell and distribute merchandise of any kind at the Engagement Unless otherwise agreed to in writing, Producer shall retain 100% of the gross receipts resulting from the sale of said S � merchandise Purchaser shall provide, at its sole cost, well lit, secure, prime locations for merchandising B.SETTLEMENT Producer shall have the right to enter the box-office at any time(before, during and after the performance) to examine and make extracts from the box-office records of Purchaser relating to 1 the gross receipts of the Engagement Purchaser shall provide Producer with a written box-office C Crud' ut" statement(certified and signed by Purchaser)within one (1) hour following the Engagement. 9. COMPLIMENTARY TICKETS 5 Unless otherwise agreed to in writing,Artist shall each have the right to receive at least twelve (12)complimentary tickets for each show. ? 10. INDEMNIFICATION Purchaser agrees to indemnify and hold harmless Producer and Artist and each of their respective employees, agents and contractors from and against any claims, costs (including, without limitation, reasonable attorneys'fees and court costs), expenses, damages, liabilities, losses and/orjudgments arising out of, or in connection with, any claim, demand or action made by any party if such are (or are alleged to be) a direct or indirect consequence of (i) the Engagement or(u) any breach or alleged breach of any warranty, representation, agreement or covenant made by Purchaser herein 11.TAXES Purchaser shall pay, at its sole cost, all taxes, fees, dues, levies and the like relating to the Engagement and the sums payable to Producer shall be free of same The foregoing shall not apply to any Federal or State income taxes imposed by law on Producer or Artist for Engagements performed within the United States(unless otherwise stated on the face of the Contract) but shall apply to all other forms of taxes including,without limitation, any business occupations tax or any value added tax("VAT") 12.CHOICE OF LAW AND FORUM V�Ckskk o`6W-Se This Rider and Contract shall be deemed made and enter rrthe`Sf at�ennessee and3 shall be governed by the laws of such Stat�Wi a to contracts entered into and wholly to be performed therein The State or Fe eFat courts located in Nashville,Tennessee shall have exclusive jurisdiction over isputes arising hereunder and the parties hereto agree to submit to the jurisdiction o e courts 3 JAKE SHIMABUKURO rider 13. INTERNATIONAL TRAVEL J nite- If the Engagement is to be performed outside the continental limits of the d States, Purchaser agrees to procure, at its sole expense, the necessary visas, work permits,customs clearances and any other documents of any nature whatsoever necessary or usually obtained to enable Artist, entourage and their equipment to enter and leave the country of the Engagement and for Artist and Artist's performers to ren-dep their services hereunder Purchaser shall cause the foregoing to be provided to Produc�e or to such location as directed by Producer in writing) in a timely manner To the extent Purchaser requests any information or documents from Artist or Producer in connection therewtfh,such request shall be in writing and shall be made in a timely manner 14. INSURANCE Purchaser shall provide, at its sole cost, Commercial General Liability insurance covering any claims, liabilities or losses directly or indirectly resulting from injuries to any person (including bodily and personal injury)and from any property damage and/or loss in connection with the Engagement Such insurance shall be in the amount required by the Venue, but shall not be less than One Million U S. Dollars ($1,000,000)aggregate per occurrence and One Million U S Dollars($1,000,000) per event, placed with an insurance carrier acceptable to Producer Said insurance shall be in full force and effect at all times Producer, Artist or any of their respective j employees, agents or contractors(or any of their respective equipment) is or are at the Venue VX �Pfodvicer,Artrst-and-each_ntt it r pzectiveagents-and-employeesshall-be-Irsted asadditional- ( � �2 Msareds in connection with the foregoing insurance policies Purchaser shall also provide, at its sole cost,a policy of Worker's Compensation insurance covering all of Purchaser's employees, ���4� subject to the requirements of the applicable state or foreign law Producer's failure to request, n,LL' p review or comment on such certificates shall not affect Producer's rights or Purchaser's 11 )'� obligations hereunder L::"6 15.SECURITY Purchaser is solely responsible for providing security in connection with the Engagement. Accordingly, Purchaser shall provide and pay for adequate security for the protection of all persons and property in connection with the Engagement including,without limitation,Producer, Artist(and each of their respective agents, employees, contractors and equipment) and patrons The foregoing is in addition to any other security requirements of Producer contained in the attached Artist Production Rider(if any) 16. LICENSES/PERMITS Purchaser shall secure, at its sole cost, all licenses, permits, certificates, leases, authorizations and the like required or requested by any union, guild, governmental authority, performing rights society,Venue owner or any other third party in connection with (i)the Engagement and (iQ Artist's/Producer's exercise of any rights granted herein Purchaser agrees to fulfill, or cause to be fulfilled,all terms, conditions, covenants, rules and/or regulations of such parties in connection therewith as well as pay all levies, dues and fees applicable thereto Upon request, Purchaser shall provide Producer with evidence of the foregoing, provided that Producer's failure to request or review same shall not be deemed a waiver of Purchasers obligations or Producer's rights hereunder 17.GENERAL REQUIREMENTS/PRODUCTION RIDER Except as otherwise agreed to by the parties in writing or as otherwise stated in the attached JAKE SHIMABUKURO Production Rider(if any), Purchaser shall provide, at its sole cost,all elements of the production as required by Artist including, without limitation, catering, dressing rooms, internal ground transportation, sound, lights and backline equipment If the Artist Production Rider is attached hereto, then said Artist Production Rider shall be made a part hereof and Purchaser agrees to fulfill or cause to be fulfilled, at its sole cost, all terms and conditions contained therein 4 JAKE SHIMABUKURO rider 18.ADDITIONAL REPRESENTATIONS AND WARRANTIES Purchaser represents and warrants that (i) it has the right and authority to enter into this Rider and Contract and to fully perform its obligations contained herein, (n) it has the right to grant the rights granted herein and that Artist's/Producer's exercise of any such rights does not and will not infringe upon or impair the rights or interests of any third party, (iu)all goods,equipment and other materials provided by Purchaser(or at its request or direction)shall be safe, fully operational, and will not cause injury or damage to any person or property, and (iv) that all persons provided by Purchaser(including, its agents,employees and contractors)shall be adequately trained and capable of performing their required duties and that such persons shall,at all times, act in a safe manner, without causing injury or damage to any person or property The undersigned warrant and represent that they are authorized to execute this Rider and Contract on behalf of the respective parties 19 RETURN OF CONTRACT Purchaser agrees to sign and return this Rider and Contract to Producer's agent, APA within ten (10) days from the date of the Contract, otherwise Producer shall have the right to cancel the Engagement upon nonce thereof without liability Producer's failure to exercise its right cancel the Engagement upon the completion of said ten (10) day period shall not be deemed a waiver of Producer's right to cancel the Engagement at any time thereafter 20 MODIFICATION/ASSIGNMENT/MISC. This Rider and Contract is the sole and complete agreement between the parties with respect to the Engagement and supersedes all prior and contemporaneous agreements regarding the subject matter hereof This Rider and Contract(or any part thereof) may not be changed, modified or waived except by a signed, written agreement of the parties 21. NOTICES/CONSENTS All notices, consents, approvals and the like given in connection with this Rider and Contract shall not be effective unless contained in a writing,signed by the party giving same 22.PARAGRAPH HEADINGS Paragraph headings are used herein for convenience only and shall not be used to interpret this Rider. 23.MERCHANDISING 1 ARTIST shall have the sole and exclusive right, but no obligation to sell merchandise at the engagement 2 PURCHASER must provide one 6 foot table and an area where ARTIST may display and sell merchandise Location must be approved by ARTIST tour manager or concessionaire upon arrival at venue —3 R must vomo IST (to 24. MEET &GREET If a meet&greet is to take place,ARTIST requests that it be after the signing session immediately following the engagement Security will need to be present at any"in-venue"meet and greet sessions 24. HOSPITALITY AND ACCOMMODATIONS A Dressing Room PURCHASER shall provide one(1)large band dressing room in close proximity to the stage for the exclusive use of ARTIST Dressing rooms should be well lit and have restroom and shower_ feeiftties (mirror, hot water, adequate water pressure, and soap) A sofa, table, and chairs are requested The room must have electrical outlets 5 ' o JAKE SHIMABUKURO rider B Hospitality PURCHASER shall provide the following items in ARTIST's dressing room prior to the engagement -Twelve(12 singles) 16 oz bottles of spring water on ice -Six (6 singles) Coke on ice -Assorted fresh fruits - Premium cheese and crackers -Assorted snacks (chips and dips, etc) -Adequate number of small or medium-sized hand towels, DARK COLOR PLEASE. -Sharpies for autograph signing In addition, if playing with trio or full band _O.r 4J)4wetve-pack-of-premiun+beer--- �ai�G�( -Thirty(30 singles) 16 oz bottles of spring water on ice C. Meals PURCHASER shall provide one hot meal for each member of the touring group including artist manager. Dinner should be fresh and healthy If dinner will not be served on site,a meal buy-out for each person at$20 00 each will be acceptable D. Accommodations All rooms MUST have available high-speed mtemet connections a Solo configuration Purchaser shall reserve and pay for o(3 single occupancy, non-smoking hotel rooms. l `r- b. Duo configuration. Purchaser shall reserve and pay for three (4)single occupancy, non-smoking hotel rooms. c.Trio configuration. Purchaser shall reserve and pay for four(5)single occupancy, non-smoking hotel roams d Quintet(full band)configuration Purchaser shall reserve and pay for seven (B)single occupancy, non-smoking hotel rooms. 6 JAKE SHIMABUKURO rider JAKE SHIMABUKURO Technical Rider 2007 Solo Ukulele Performance A. SOUND REQUIREMENTS PURCHASER shall provide, a complete CONCERT sound reinforcement system This shall be provided by an experienced"LIVE PRODUCTION" contractor including two operators familiar with all aspects of the system, to be approved by the ARTIST'S sound engineers or production coordinator, and to include the following One(1)professional quality front of house mixing console 3 Channels and 2 Dls (Ukulele) 1 Microphone with Boom Stand (Speaking) 1 Power Multi-Strip(with 6 outlets) 2 Monitors Purchaser must provide one stool (Black with NO ARMS) on stage. The electrical service must be properly grounded according to the National Electrical Code and proper polarity must be observed B. LIGHTING REQUIREMENTS 1. Purchaser shall provide and pay for a lighting system adequate to illuminate performance area and capable of being dimmed and focused at the discretion of Artist's tour manager. 2.The Lighting system provider shall furnish an operator to set-up,focus and operate the system. DUO AND TRIO SOUND & BACKLINE REQUIREMENTS Ukulele Cymbals a One(1)professional quality front of house mixing a. 1st choice Zildlian or Sabian,2nd choice console Paiste b 2 Channels and 2 Dls(Ukulele) c 1 Microphone with Boom Stand(Speaking) b. One pair 14 inch Hi-Hat cymbals d 1 Power Multi-Strip(with 6 outlets) c.One 16 or 17 inch thin crash cymbal e 2 Monitors d. One 18 Inch inch thin crash cymbal Drums e.One 20 or 22 Inch medium ride cymbal a.1"choice Pearl or Yamaha Second choice(s)would Bass: be Gretsch,Tama,D W a. 1 -guitar stand b One 8 X 12 inch rack tom b.300 watt amp head or higher(no combos, c One 14 x 14 or 16 x 16 inch floor tom(with legs) please) and a 4xl0 cabinet(2 cabinets in d One 22 x 16 Inch bass drum venues larger than 500 seats)preferred e.One 5&112 X 14 inch or 6&1/2 X 14 inch snare brands #1 —Ashdown;#2-Trace Elliot,#3 - drum(wood or metal) Eden f One two legged Hi-Hat stand(to accommodate Power in front of the amp as well as behind double bass drum pedal) c.One (1) Monitor g One double bass drum pedal h One snare drum stand i Two straight cymbal stands 1 One boom cymbal stand k One drum seat I One monitor 7 JAKE SHIMABUKURO rider QUINTET SOUND & BACKLINE REQUIREMENTS Ukulele: Cymbals: 3 channels 1st choice Zildlian or Sabian, 2nd choice Paiste Small acoustic guitar amp (about 30W one pair 14 inch Hi-Hat cymbals with 6-8" speaker) Marshall would be one 16 or 17 inch thin crash cymbal great one 18 inch inch thin crash cymbal One power outlet with extension cord one 20 or 22 inch medium ride cymbal One chair with no arms Music Stand One microphone for an amp One microphone to speak Bass: 1 -guitar stand Keyboards: 300 watt amp head or higher(no combos, 2 Korg Triton with sustain pedals please)and a 4x10 cabinet(2 cabinets in Stands venues larger than 500 seats) Cables preferred brands. Bench #1 -Ashdown Music Stand #2-Trace Elliot #3-Eden Drums: Power in front of the amp as well as behind Drums- Pearl or Yamaha would be my first choices Second choice(s)would Guitar(subject to change) be Gretsch,Tama, D W Dedicated monitor for Acoustic guitar one 8 X 12 inch rack tom performance one 14 x 14 or 16 x 16 inch floor tom Tube amplifier for Electric guitar performance (with legs) Music Stand one 22 x 16 inch bass drum one 5& 1/2 X 14 inch or 6 & 1/2 X 14 inch snare drum (wood or metal) one two legged Hi-Hat stand(to accommodate double bass drum pedal) one double bass drum pedal one snare drum stand two straight cymbal stands one boom cymbal stand one drum seat C.FLY RIDER INSTRUMENTS AND TRANSPORTATION ARTIST to appear musically self-contained However,in the event that ARTIST flies to engagement, PURCHASER will provide band equipment and ground transportation of equipment and ARTIST personnel at no cost to ARTIST D.INTERNATIONAL TECH REQUIREMENTS If the engagement is played outside of the United States of America,ARTIST'S technical requirements will change according to each country's requirements. *` For questions regarding technical requirements and to advance the show please contact Kaz Flanagan 808-221-1865/kazaloha cDmac com 8 JAKE SHIMABUKURO rider Fan Club Ticketing Rider This Rider sets forth the terms by which a venue shall provide for ticket sales to members of the official fan club ("Fan Club") for Jake Shimabukuro ("Artist") Fan Club ticketing is managed and administered by Austin All Access Ticketing LLC, in Austin, TX. All Fan Club related questions regarding ticketing should be directed to: Austin All Access Ticketing LLC 2100 Northland Drive Austin, TX 78756 (512) 302 4000 (512) 323 5841 FAX aatcs(&allaccesstodav corn The venue shall provide an allotment of tickets for the sale to Artist's Fan Club The venue shall not sell or release Fan Club tickets without the explicit consent of Austin All Access Ticketing LLC. This ticketing arrangement shall last for the duration of shows covered in and/or for the term of the underlying agreement between Artist and the venue FAN CLUB ALLOTMENTS: The venue and Austin All Access Ticketing LLC will communicate by phone, fax, or email to determine the exact number of tickets that are required to satisfy the Fan Club demand. If more tickets are needed, the venue will make every effort to supply those seats If fewer tickets are needed, Austin All Access Ticketi g LLC will communicate that to the venue. ✓ � i')The venue will provide at least 1 °o of the total amount of available tickets for pre-sale to members of the Fan Club These seats should be what the venue considers the"best available seats in the house". The venue may also use All Access Ticketing LLC for the entire event if it elects to have all ticket sales managed by one company. The venue and Austin All Access Ticketing LLC will agree on an "end date" when pre-sale ends. Once the end date has been reached, the balance of the reserved tickets (if any) can be released to the general public. FAN CLUB TICKETING SERVICES: Austin All Access Ticketing LLC will setup one of three types of tickets for Fan Club members Will-Call, Delivery or Electronic Ticketing The venue should make every effort to use Will-Call ticketing as the primary mechanism for ticket distribution.—Austin All Access Ticketing LLC will work with the venue to determine how ticketing will work, but in general: Will-Call (General Admission): The venue is sent a list of names in chronological order of purchase. The venue will print and administer tickets, issuing the best seats to the first person on the list if applicable, and then the next seats to the next person on the list, and so on. Fans will pickup their tickets at the box office on the day of the show by showing proper ID to the box office clerk. Will-Call (Reserved)- The venue is sent a list of names and assigned seats. The venue will print and administer tickets, issuing the specific seats to the person assigned Fans will pickup their tickets at the box office on the day of the show by showing proper ID to the box office clerk Delivery: The venue will issue tickets that are reserved for Fan Club members upon presale completion Austin All Access Ticketing LLC will deliver the tickets by mail to the fans. Unused tickets will be returned to the venue. 9 JAKE SHIMABUKURO rider Electronic Ticketing- This capability can be made available depending on the Artist and venue capability The customer will print a hardcopy of the ticket and upon arrival, the venue or Artist's staff will scan the hardcopy to verify entry. RESTRICTIONS: It is the venue's responsibility to provide any event restrictions associated with each show. Any show that requires a restriction for admission, including, but not limited to, age, school or organizational affiliation, or other characteristics, must be clearly stated by the venue It is the venue's responsibility to ensure that any and all restrictions are lawful and do not violate any federal, state, or local laws It is further the venue's responsibility to verify that all customers can be admitted to a show. Austin All Access Ticketing LLC assumes no liability in connection with the refusal of a venue to grant access to any individual, even if such individual's ticket was administered by Austin All Access Ticketing LLC via the Fan Club In no event shall Austin All Access Ticketing LLC be liable to any third party, pursuant to this Rider or arising from the provision of, or the failure to provide, the Fan Club ticket sales, for any amounts representing loss of profits, loss of data, loss of business, or indirect, consequential, or punitive damages of any third party. Austin All Access Ticketing LLC's liability in contract, tort, strict liability or otherwise for direct damages to any third party arising from this Rider or from the provision of the ticket sales by Austin All Access Ticketing LLC shall be limited to the amount of fees and charges collected by Austin All Access Ticketing LLC. The venue will be responsible for managing exclusive ticket provider arrangements and the Fan Club ticket allotments provided to Artist and Austin All Access Today Ticketing LLC CANCELLATIONS, CREDITS &CHARGEBACKS. If an event is cancelled for any reason and a complete refund must be issued to all buyers, the venue must inform Austin All Access Today Ticket LLC of the cancellation at least twenty-four (24) hours prior to the originally scheduled event start time Unless the event is rescheduled, Austin All Access Today Ticketing LLC will refund the ticket face value and the service fees to the purchasing customer If payments of gross ticket price have been made to the venue, a refund will be required from the venue before customer refunds will be completed. FEES &TAXES: Payment to the venue of gross ticket prices will occur five (5) business days after close of the pre-sale or the day of the event, whichever occurs earlier The venue assumes responsibility for payment of taxes on the gross ticket price. ACCEPTED AND AGREED TO: ACCEPTED AND AGREED TO: I V O PURCHASER TO STMAN, C ' f/s/o Jake S41mabukuro i i 10 4001234v 3