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HomeMy WebLinkAboutCAG2008-0670 - Original - Dancing Cat Productions, Inc. - Spotlight Series - 07/08/2008 KE T Records Management I�I W A S H f N G T O N Document 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: DaAdTIg Calk '&AA=410Y%5Vendor Number: JD Edwards Number Contract Number: P K0 VQ - �77 This is assigned by Deputy City Clerk Description: MR- I) lIL ou Y'I�YI.a , Detail: ?�3� - ��3�T Wed. , hKI ZZI UOq Project Name: �CeJn r[.1' r J lQ WI.-YYL.SS)01L6 �S,RO' '�I�A 4 S& e S Contract Effective Date: 6')K'08 Termination Date: 14-2-3- 09 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: 4Zfind a.. 3 I 1 CAU-k Department: Park.S Abstract: S.Public\RecoidsManagement\Forms\ConlroclCovei\ADCL7832 07/02 ecc C IIIJJJJ"'""' ��, KKN• T WASHINGTON T O`O.GI�Ry ATAFi APB.-. between the City of Kent and 0# Dancing Cat Productions. Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Dancing Cat Productions, Inc., P.O. Box 4287, Santa Cruz, CA 95063, furnishing the services of George Winston (hereinafter the"Contractor"). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: Description: George Winston will present one public performance as part of the Kent Arts Commission's"Spotlight Series." Start Time/Duration/Stop Time: 7:30 p.m./two sets with one intermission/approximately 9:30 p.m. Day, Date, Year: Wednesday,April 22, 2009 Event Location: Kentwood High School Performing Arts Center, 25800 1641h Ave.SE, Covington, WA 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. See addendum "A"for details. Lodging: City will reimburse Contract for 5 hotel rooms at$50 discount rate. Billing: "George Winston." 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. City will obtain Contractor's approval in writing prior to confirming sponsorship(s)for this engagement. Exclusivity: Contractor shall not appear in general Seattle/Puget Sound market, including King, Pierce, Snohomish and Kitsap Counties,within two-months before or after April 22, 2009,with the exception of venues previously discussed and mutually agreed upon. House seats: City will hold fifteen (15)complimentary house seats for Contractor,to be released 24 hours prior to curtain if not notified by Contractor. *The attached rider is part of this agreement. 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. 11. COMPENSATION. The City shall pay Contractor the total sum of$6,250.00 for the work to be performed under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement. The amount includes a$250 hotel room buy-out. A deposit of$3,000.00 will be paid, by City of Kent check, to Skyline Music, LLC upon complete execution of contract. The balance of$3,250.00 will be paid, by City of Kent check, to Dancing Cat Productions on the day of the performance. III. 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 according to Contractor's technical rider.* 1 irr C94c. !`ii,, t�i J.a L bat -_ _ .^_ Dressing Rooms: City will provide dressing room facilities according to Contractor's 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 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 Disautes 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 CONTRACTOR SERVICES AGREEMENT-2 (Under$10,000-Sole Performer) arising from the parties' performance of this Agreement,the exclusive means of resolving that dispute, difference or claim, 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 ...z.... .... N­.' 3u4 vu; Vol Jw LVJtJ ai iu 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. CONTRACTO CITY OF KENT By: [;1rop By: (sig fur e) (sig Print Name: l.[WDA Print Name: Lori Hogan Its Its: Superintendent, Recreation and Cultural Services OF (Title) DATE: toLFS'L DATE: - D NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: &LOA AJ Ronda Billerbeck, Cultural Programs Manager pAr,)t.,J (Ak Vradoc, oto City of Kent P o %ox t=f q ZA 7 220 Fourth Avenue South an► Cr -, ( A g5016 i Kent,WA 98032 -4LA-TOIL-5- Y. 2by (telephone) f3�1 - q 13 -70S: (facsimile) (253) 856-5050(telephone) el:,o�A ean,yc r-rn�Fl1.<<M(email) (253) 856-6050(facsimile) rbillerbeck(a)ci.kent.wa.us (email) P ICINPFORMSIC�NTRAClVGenMlelfan4eas-FINALSICmaullanBerv1o89P®re9melaPazNaGaNatY-Pertomaz5me0 d= CONTRACTOR SERVICES AGREEMENT-3 (Under$10,000-Sole Performer) EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS No Insurance is required for this Contract. CONTRACTOR SERVICES AGREEMENT-4 (Under$10,000—Sole Performer) KING AGENCY FOR ALL OVERNIGHT DELIVERIES yline Music, LLC SUN RAC Skyline Music, LLC I ty za Uitioll Jlleet tefield,NH 03598 ' E �J Whitefield,NH 03598 837.9600 603-837.9600 REEMENT made between DANCING CAT PRODUCTIONS,INC.,P.O.Box 4287, Santa Cruz, CA 95063 reinafter referred to as "DCP"),furnishing the services of GEORGE WINSTON(thereinafter referred to as "ARTIST") d ROND8,11ILLERBECK for kexitwo6d'Iigh,School PAC.hereinafter referred to as "PURCHASER". ie PURCHASER hereby engages DCP and DCP hereby agrees to furnish the entertainment presentation hereinafter ;scribed(the "Event"),upon all the terms and conditions herein set forth. LOCATION OF EVENT: SCALING: 451 @$26.00 iall/Theatre Kentwood High School PAC DISCOUNTS: Street Address 25860 1641b Ave.SE City,State,Zip Covington,WA 98042 GROSS POTENTIAL: $11,726.00 Less Comps: 19 Less Tax: NET POTENTIAL: $11,726.00 DATE(S)OF EVENT: Wednesday,4/22/09 a)Number of Show(s) 1 b)Time of Show(s) 7:30 p.m. c) Length of Each Show d) Rehearsal Dates and Times THEATER,AVAILABLE NIGHTBEFORE:ENACT Ttivr S.TBD. 1. PROPER PRESENTATION: PURCHASER agrees to furnish on the date and at the time of the performance(s), all that is necessary for the proper presentation of the Event, including a suitable theater, hall or auditorium, well-heated or air conditioned, lighted, clean and in good order, stage curtains, properly tuned grand piano and piano bench, sound system in perfect working condition,all lighting,dressing rooms,all necessary stagehands, all licenses (including musical performing rights licenses), security, ushers, ticket sellers, ticket takers, appropriate and sufficient advertising in the principal newspapers,and radio and television advertising as designated by DCP. PURCHASER shall furnish all other items and personnel required for the proper presentation of the Event, and any rehearsals therefore,except for those items and personnel that DCP herein specifically agrees to furnish. DCP s1hall provide a house program. No other materials may be distributed at the Event without DCP'S prior written approval. ALL sponsorships must be approved, in writing by DCP or Skyline Music, before securing them for his engagement. 2. FULL PRICE AGREED UPON$61606 �flat;'Artis�t s%tll be_ieirnburse i`oti,th 4 ightr€ pei oriltance for,hotel rims,in the bf 250 at h'otel,discouat'.ra e:IH° fa amount $ t o iis`iric ude$xtitlx eta" a 2W14 (ask r Asi4nia�d Best�Westetn�Pla�a B :`i -'Gee ,1 .� � � . :_, ,,; "n,ti �.� ��. = Y r ri.Purirbaser,provtdeati ttis ti%ider�ncludg Rate kars�lnd, cluic ofood coup. 3. PURCHASER shall provide and pay for all terms and conditions contained in ARTIST'S Rider attached heae-Co and by reference made a part hereof. All accommodations and travel arrangements for ARTIST are made and paid br- by DCP unless otherwise noted herein. ;TTLEMENT/PAYMENT: PURCHASER shall first pay each party for all pre-approved and verifiable expenses noted ;rein. Any additional undocumented expenses will not be compensated without prior written approval by both parties. An •countin`ledger sheet and yop.iee of al]documented exne en., l hn mmd^�i;ai�al l ►eposit of $1000.60 and in the name of SKYLINE MUSIC, LLC ARTISTS DEPOSIT ACCOUNT no later than /*b& It should be sent to Skyline Music using certified or University check or via bank wire transfer to SKYLINE vIUSIC,LLC ARTISTS DEPOSIT ACCOUNT c/o LANCASTER NATIONAL BANK 1 Middle Street Lancaster,NH )3584. ACCT #11-1304-6 ABA 011-701-107. The second half of payment should be a check payable to Dancing Cat - Productions. Contract due 1/20/08. The balance is to be paid at settlement after intermission on the evening of the last show. All payments shall be paid by PURCHASER in United States funds by CERTIFIED or CASHIER'S CHECK, or UNIVERSITY CHECK, as applicable. A box office statement will also be provided the night of performance. ADVERTISING,PROMOTION AND BILLING: ARTIST shall receive 100%Star Billing in all forms of advertising in connection with the Event. The Event shall receive billing in such order, form, size and prominence as directed by DCP in all advertising and publicity issued by or under the control of the PURCHASER. PURCHASER agrees that no performers other than those to be furnished by DCP hereunder will appear on or in connection with the Event. George Winston appreciates the opportunity to perform at your venue. and it is important that he be comfortable with the marketing representation of his pert)rmance. The three styles George plays are melodic folk piano, New Orleans R&B piano. and stride piano (not classical or jazz). Please do not use the tt rms -'Windham Hill'' or "new age to describe George or his music. Contact 3eamifer Gallacher at Lennifer:'rz;dancingeat.com for pre-approved iarketing materials including posters, dyers, descriptive paragraphs, and media quotes. If you would like to contribute suggestions that might wok better for your venue promotion), please let us know and we will be happy to work%vith you. 6. TICKETING: The number of tickets to be printed must be authorized in writing by DCP. No stage seats are to be sold or used without DCP'S prior written consent. 7. NONDISCLOSURE OF FINANCIAL INFORMATION: PURCHASER shall not release any financial information whatsoever regarding this Event to any third parties, including, but not limited to, newspapers, trade publications, radio or television representatives,etc.,except as required by law. 8. CONTROL OF PRODUCTION: DCP shall have the exclusive control over the production, presentation and performance of the Event, including, but not limited to,the details,means and methods of the performance of the ARTIST. PURCHASER agrees to comply promptly with DCP'S directions as to stage settings for the Event. 9. SOUVENIR ITEMS: DCP or its designees shall have the exclusive right to sell souvenir programs, records and any and all types of merchandise including, but not limited to, articles of clothing(i.e., T-shirts, hats, etc.), posters, stickers, etc. at the Event without any participation in the proceeds by PURCHASER subject, however, to concessionaire's requirements, if any. 10. RECORDING OF PERFORMANCE: DCP expressly reserves all rights with respect to the photographing,broadcasting, recording or reproduction by any sight and/or sound device of any performance rendered during the Event. PURCHASER shall not permit any person or entity to photograph,record,broadcast,film or tape,in any manner whatsoever for any media whatsoever, any performance (or portion thereof) during the Event without the express prior written consent of DCP. If PURCHASER, or PURCHASER'S agents, employees, independent contractors or other representatives, reproduce or directly or indirectly cause to be reproduced all or any portion of ARTIST'S performance,then,in addition to all other rights and remedies that DCP and/or ARTIST may have: (a)any reproductions made without permission of DCP become the sole property of DCP; (b) DCP and/or ARTIST shall have the absolute right to enjoin any such reproduction by con-imencing appropriate legal and/or equitable proceedings against PURCHASER; and (c) PURCHASER shall pay DC1' and/or ARTIST the costs of such proceedings, including reasonable attorneys'fees; and(d)PURCHASER shall pay DGP and/or ARTIST liquidated damages in the sum of Fifty Thousand Dollars($50,000.00). DCP and its designees shall have the right, without the payment of any consideration to PURCHASER, to photograph, record, tape,film and/or otherwise reproduce ARTIST'S performances (or any portion thereof), to retain full ownership ereof, and to use any such photographs, recordings, tape, film and/or reproduction as DCP and/or ARTIST sees fit. JRCHASER shall have absolutely no interest or rights of any kind whatsoever in or to any such-recordings, photographs, ne. film or other reproduction of any nerformance renrt�d by ARTTRT Airing fl.: rsrD -a/. A7%'*!4 ° esignees stian also have the right, without the payment of any consideration, to use the name and likeness of URCHASER and the venue in connection with the exploitation (including advertising and promotion) of any such 1110tograph,recording,film,tape,or other reproduction referred to in this paragraph. LICENSES, PERA RTS, TAXES AND UNION FEES: PURCHASER shall provide, at PURCHASER'S sole cost and expense, all licenses, permits, authorizations and certificates required from each govern-mental authority, board, agency, guild or association properly having jurisdiction over any element of the Event. Any taxes imposed by any governmental authority with respect to the use or occupancy of the venue or the sale of tickets shall be paid by PURCHASER. PURCHASER will pay all music royalties in connection with DCP'S use of music. PURCHASER agrees to pay all amusement taxes. PURCHASER shall comply with all regulations and requirements of any union(s) that may have jurisdiction over any of the said materials,facilities,and personnel to be furnished by PURCHASER and DCP. REGULATIONS: At least fourteen(14)days prior to the Event,PURCHASER shall inform DCP of any mandatory union breaks,curfews,fire regulations,minimum or maximum light level requirements,minimum or maximum sound level limits, requirements relating to the presence of uniformed police within the concert hall, local ordinances, and any other unique regulations or peculiarities. J. CANCELLATION: Upon good cause, DCP may cancel the Event by giving the PURCHASER at least thirty (30) days notice prior to the commencement date of the Event. In the event DCP invokes a cancellation pursuant to this paragraph, DCP agrees to reimburse PURCHASER for any approved and verifiable out-of-pocket expenses the PURCHASER did incur prior to the date of notice of cancellation on behalf of the Event. PURCHASER will submit bills and proof of all such expenses to DCP within fourteen (14) days after cancellation, which expenses will be reimbursed upon approval by DCP, and DCP'S liability is limited to such reimbursement. PURCHASER'S failure to submit bills and proof of expenses as provided herein will automatically terminate DCP'S liability. 14. DEFAULT: In the event PURCHASER refuses or neglects to provide any of the items herein stated, and/or fails to make any of the payments as provided herein, DCP shall have the right to refuse to perform this Agreement, shall retain any amounts theretofore paid to DCP by PURCHASER, and PURCHASER shall remain liable to DCP for the agreed price herein set forth. In addition, if on or before the date of any scheduled concert,PURCHASER has failed,neglected,or refused to perform any contract with any other performer for any earlier event, or if the financial standing or credit of PURCHASER has been impaired or is in DCP'S opinion unsatisfactory, DCP shall have the right to demand the payment of the guaranteed compensation forthwith. If PURCHASER fails or refuses to make such payment forthwith, DCP shall have the right to cancel the Event by notices to PURCHASER to that effect,and in such event DCP shall retain any amounts theretofore paid to DCP by PURCHASER and PURCHASER shall remain liable to DCP for the agreed price herein set forth. 15. FORCE MAJEURE: In the event of illness, strike, law, Act of God, governmental regulation or other force majeure occurrence, where DCP is unable or is prevented from performing the Event or any part thereof, PURCHASER shall be obligated and liable to DCP for such proportionate amount of the payment provided for herein as may be due for any performance(s)that DCP may have rendered up to the time of the inability to perform by reason of such illness or force majeure cw-currence. Notwithstetnding anything contained herein, inclement weather shall not be deemed to be a force majeure occurrence, and the PURCIRASER shall remain liable for payment of the full Agreement price even if the performance(s)called for herein are prevet1ted by such weather conditions. DCP shall have the sole right to determine in good faith whether any such weather conditions shall render the performances)impossible,hazardous or unsafe. 16. 1NDEY *7IFICATION: PURCHASER hereby indemnifies and holds DCP and ARTIST,as well as their respective agents,re-presentatives,principals,employees,officers,directors and shareholders,harmless from and against any claim, demai , action,loss,damage,liability,expense or judgment,including reasonable attorneys'fees,incurred,suffered by or threatened against DCP or ARTIST or any of the foregoing,arising out of or in connection with the Event,including without 1 ti imita on: (a) any claim by a third party which is inconsistent with any of the warranties,representations or obligations iof PURCHASER hereunder,or otherwise;and '�at V Uivu ui on vuhmi.of an wira �' .Y .y party. 7. INSURANCE: PURCHASER shall maintain in full force and effect,at PURCHASER'S sole cost and expense for a period commencing 24 hours prior to the Event and terminating 24 hours after the Event,insurance as follows: (a)Comprehensive general public liability and property damage insurance,(including contractual liability and without limitation,coverage for liability as a result of the installation and/or operation of equipment provided by DCP)in companies and in form acceptable to DCP,with limits per occurrence of not less than$2,000,000 with respect to death and personal injury,and$1,000,000 with respect to damage to property,and (b) Worker's Compensation Insurance covering all of PURCHASER'S employees who are involved in the installation, operation and/or maintenance of the equipment provided by DCP. PURCHASER shall deposit policies 2r a certificate of insurance evidencing same with DCP not less than 30 days before the date of the Event which es and/or certificates shall name DCP, ARTIST, their agents, employees and �! representatives as add' ' nal insured parties. If PURCHASER does not comply with the provisions of this paragraph, DCP may purch insurance as described above, in which event PURCHASER agrees to pay to DCP as additional �,J compensatio a premium for such insurance upon DCPS demand. t�t r In addi ' n to the insurance referred to above, ART1SJ`an`-d\his representatives will be covered by their own insurance poli es. a,� mtfauficyok 4 118. CONFLICT OF LAW: Nothing in this Agreement shall requirethe commission of any act contrary to law or to any rules or regulations of any union, guild or similar body having jurisdiction over the services and personnel to be furnished by DCP to PURCHASER hereunder. Wherever there is any conflict between any provision of this Agreement and any law, rule or regulation, such law,rule or regulation shall prevail and this Agreement shall be curtailed,modified, or limited only to the extent necessary to eliminate such conflict. 19. ASSIGNMENT: PURCHASER shall not have the right to assign or transfer this Agreement, or any provision thereof, without the prior written consent of DCP. DCP shall have the right at any time, to assign its rights and/or delegate its obligations hereunder,in whole or in part to any person,firm or corporation. 20. ADDITIONAL WARRANTIES OF PURCHASER: PURCHASER represents and warrants that: (a)he/she or it has the right to enter into and fully perform this Agreement;(b)he/she or it is at the present time,or will be,the owner or operator of,or has or will have a valid lease(executed in his/her or its own name)upon the place of performance on the dates and at the times set forth in this Agreement, proof of which shall be given to DCP upon request; (c) the person executing this Agreement and this Rider on PURCHASER'S behalf has the authority to do so; (d)the person executing thisp�greement hereby personally assumes liability for the payment of said price in full; and(e)no provision contained in any concert hall lease, which is inconsistent with any provision of this Agreement or Rider, shall be binding upon DCP unless PURCHASER advises DCP thereof in writing promptly after execution hereof and DCP consents in writing therto. 21. COMPLETE AGREEMENT: This Agreement,together with the Rider and any and all addenda hereto,(a)constitute the sole,complete,and binding agreement between the parties hereto;'(b)contain the complete understanding of the paAes;and (c)cannot be amended,supplemented or altered except by an instrument in writing signed by both parties. Without limiting the generality of sub clause (c) of this paragraph, ANY DELETION FROM,MODIFICATION OF, OR A oj)ITION TO THIS AGREEMENT OR THE RIDER BY PURCHASER SHALL NOT BE BINDING UPON DCP OR ARTIST UNLESS INITIALED BY BOTH PARTIES. IN THE EVENT OF ANY CONFLICT BETWCEN THE TERMS OF THIS AGREEMENT,AND ANY OTHER AGREEMENT,ADDENDUM OR LEASE PERTAINING TO THE EVENT, THEN THE TERNLS OF THIS AGREEMENT, ACCOMPANYING RIDER AND A)o1)ENDA SHALL BE CONTROLLING UNLESS DCP CONSENTS OTHERWISE IN WRITING. THIS CONTRACT WAS NEGOTIATED WITH SPECIFIC TICKET PRICES STATED CAPACITY AND GROSS POTENTIAL.ANY ADDITIONAL MONEYS GENERATED IN ANY OF TB ESE NEGOTIATED POINTS WILL BE 100%DUE ARTIST ON DEMAND- Nothing herein contained shall ever be construed as to constitute the parties hereto as a partnership, or joint venture, nor to make DCP liable in whole or in part for any obligation that may be incurred by PURCHASER,in PURCHASER'S carrying out any of the provisions hereof,or otherwise. 22. GOVERNING LAW: This Agreement shall be construed in accordance with the laws of the State of California applicable to agreements entered into and wholly performed therein. In the event of any such dispute,either party may effect service of process on the other party by certified mail, return receipt requested, and said service shall be equivalent to personal service and shall confer personal jurisdiction on the courts in the State of California and shall be deemed effective upon the earlier of the recipient's mail receipt date or ten(10)days after the mailing of such process,provided that a duplicate of such process shall have been mailed to the other party by ordinary mail at the same time as the certified mailing. 23. READINGS: The headings herein are for convenience only, and are not intended in any way to define or limit the meaning of any paragraph in this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date and year fast above written. l DANCING CAT PRODUCTIONS,INC. F.S.O.GEOR WINSTON BEL AU An �Signatory Vice President of Marketing&Promotions Addendum "A" iiV1v 11VL cYriQ 11� DO ---- --=-- - ---- -- �s -' --- - s,:: a:.::�:.•lv- - Z.ti 1 ['f�'ViJ - a, IIiW EI High School PAC regarding the concert performance by GEORGE WINSTON on 442%09 The parties agree as follows: 1. A local non-profit organization providing food and assistance to individuals and families in transition will be chosen and contacted by Dancing Cat and permitted to conduct a food drive for canned and non-perishable food in the lobby of the concert facility. 2. A portion of the proceeds from the retail sale of Dancing Cat merchandise (CD sales only) will be donated to the non-profit organization. On the night of show, George Winston's road manager will write a check to the non-profit for 50% of our net profits or $200, whichever is higher. In some cases,the $200 donation may actually be closer to 80 or 90% of our net profits from CD sales for the night. George's road manager will have the calculations available night of show to answer any questions about the donation amount. The non-profit organization will staff a table in the lobby of the auditorium where they can educate the audience about their organization as well as accept the monetary donation from Dancing Cat following the show. 3. Dancing Cat will require one merchandise person to sell CDs night of show. This person should be available 2 hours before show time for set up and inventory. 4. Dancing Cat requests that the venue waive their standard merchandising sales percentage in order to join in support of the local food bank. 5. Kentwood High School PAC will give Artist 100%to artist;of merchandise proceeds for food bank donation Each party warrants it has the full authority to enter into this agreement,and to grant the rights set forth herein. DATED: AGREED AND ACCEPTED: RONDA BILLERBECK DANCING CAT PRODUCTIONS,INC. Kentwood High'Sch]oatl PAC F.S.O.GEORGq WIT, � STON tl ,��4�i. �f J��t� �� � By: , i, �` By: An Authorized Signatory Belinda Au Vice President of Business&Legal Affairs Booking A ency Skyline Music 28 Union Street Whitefield,NH 035898 Phone 603.837.9600 Fax 603-837.9601 www.skylineonline.com - ---------- ---ADDENDUM ---- ..B:. ------This Addendum"B"is attatched to and made part of this contract between Dancing Cat Productions and the Purchaser below. SHOW: George Winston #SHOWS: 1 PURCHASER: Clt:•of Kent Arts Cc.-MmIrmicm Vr-Ruc: mentwooa nign scnooi i-Au CONTACT: Ronda Bilierbeck- ADDRESS: 25800164th Avon.SE,Covington,WA 98042 ADDRESS: 220 4th Ave.South PHONE: FAX: Kent,WA 98032-6896 EMAIL: rbillerbeck@ci.kent.wa.us EMAIL: rbillerbeck@ci.kent.wa.us DATE: 4/22/2009 TECH: Rebecca Lloyd PHONE: 253-856-5060 FAX: 253-856-6060 TIME: 7:30 p.m. TECH PH: 253-373-4717 Artist Net Potential : $6,000.00 PUBLICITY: Ronda Billerbeck,253-856-5055, rbillerbeck ci.kent.wa.us PRICE CAPACITY CPS/KLS SELLABLE GROSS TAX OTHER NET $26.00 470 19 451 $11,726.00 $0.00 $0.00 $11,726.00 $0.00 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 0 0 0 $0.00 $0.00 $0.00 $0.00 $0.00 0 0 0 $0.00 $0.00 $0.00 $0.00 TOTALS 470 19 451 $11,726.00 $0.00 $0.00 $11,726.00 Note:ticket price range$24-$26. Gross Tax Rate: 0.00% 0.00% potential range is$10,824- $11,726. OFFERMEAL" $6,000 flat Artist will be reimbursed on the night of Deposit Amount: 3,000.00 performance for hotel rooms in the amount of$260 at Deposit Due Date : 7/20/2008 hotel discount rate.Hotel options Include Extended GUARANTEES: Stay America,253-872-6514(ask for Amanda)and Best Headliner $6,000.00 Western Plaza By The Green. Purchaser provides all Hotel $0.00 terms on rider including late night rehearsal and Subtotal $6,000.00 inclusion of food group. CHARGES: OFFER EXPIRES: OFFER SENT: Advertising $1,200.00 4/30/2008 Ascap/BMI $0.00 Box Office $0.00 POTENTIALS g SELL-OUT: flat Cleanup $0.00 Breakeven $0.00 Insurance $0.00 Lights $0.00 Split point $0.00 Group Sales Expense $0.00 Misc. $200.OQ Net sales $11,726.00 Piano Rental and Tuner $1,200.00 Split point $0.00 Piano Tuner $0.00 To share* $11,726.00 Production Manager $0.00 To Artist 0.00% $0.00 Rehearsal Cost $0.00 To House 0.00% $0.00 Theatre Rental and Staffing $1,500.00 Security $0.00 HOUSE MERCHANDISE POLICY: Sound $750.00 100.00% to artist City License $0.00 A portion of sales to benefit Food Group(100%) Stagehands $0.00 Venue to provide sellers Ticketing $0.00 PIANO TYPE: Ushers $0.00 T Steinway Subtotal $4,850.00 VAR. CHARGES: Rent $0.00 Notes: Insurance $0.00 Comp tickets: Artistl 19 Ticketing $0.00 1 Venue Subtotal Var. $0.00 Website: www.kentarts.com total ex ense $10,850.00 Addendum "B" Continued Page 2 of 2 The Agreed Upon Guarantee is computed as follows: From 100%of the gross receipts,all applicable taxes and mutually approved and verifiable expenses(listed herein below),will be deducted and paid. The net amount remaining will be divided as follows: to DCP as to PURCHASER, ire, ,, PURCHASER understands that DCP has relied on the above Event expense estimate to establish a"Split figure"when used and also to determine PURCHASER'S total expenses when the "Percentage of the Net" method is used. PURCHASER agrees to furnish DCP a final statement of PURCHASER'S actual expenses,including certified,bona fide paid bills for such expenses,on the date of the Event, no later than at the time of settlement. If the final expenses and/or aforesaid bills total less than the amount of the estimated expenses given to DCP,then the "Split Figure" or total expenses used to determine the "Percentage of the Net" will be reduced by the difference between the total estimated expenses and the total actual expenses. However, expenses in excess of said estimate shall not increase the "Split Figure" or expenses allowed for the "Percentage of the Net" method,unless said actual expenses have been previously approved by DCP in writing. Accepted and Agreed: RONDA BILLERBECK DANCING CAT PRODUCTIONS,INC. Kentwood High School PAC F.S.O.GEORGE WINSTON P �'tL B �� 1 � B Y Y ' BELINDA AUV An Authorized Signatory Vice President of Marketing&Promotions Booking Agency Skyline Music 28 Union Street Whitefield,NH 035898 Phone 603.837.9600 Fax 603-837.9601 www.skyhneonfne.com DANCING CAT PRODUCTIONS!GEORGE WINSTON CONCERT RIDER DANC: IIIIJ UAT PRODUCTIONS / GEORGE WINSTON CONCERT PRODUCTION RIDER Part&Parcel of Attached Contract: Includes Production Rider, Piano Tuning Rider, Food Drive Addendum NOTE: Please fill in the attached Venue Information Worksheet and return one copy to Dancing Cat Productions ASAP. Please also route this Rider to appropriate personnel as necessary. Any problems and concerns should be resolved as soon as possible. If you have any questions, please contact Jennifer Gallacher, at Dancing Cat Productions at(831)429-5085 ext.#215(or e- mail:jennifer@dancingcat.com). Please note, no catering is required for this show. TIMETABLE ❑ 8:00 PM Show, or X.30 PM Show(if different start time,we will adjust schedule) DAY BEFORE CONCERT: First piano tuning, in afternoon or evening NIGHT BEFORE/EARLY Rehearsal 1:00 AM until 5:00 AM(if possible) MORNING OF CONCERT: DAY OF CONCERT: For 8:00 PM Show, For 7:30 PM Show 2:30 pm: 2:00 pm: (approximately)Second piano tuning. 5:00 pm: 4:30 pm: Load in of show. Crew call. 5:30 pm: 5:00 pm: Sound and light check. 6:45 pm: 6:15 pm: Sound and light check with George Winston 7:00-7:20 pm: 6:30-6:55 pm: George's warm-up 7:20 pm: 6:55 pm: Touch up tuning 7:30 pm: 7:00 pm: House opens 8:05 pm: 7:35 pm: Show begins(First set is 55 minutes.) 9:00-9:20 pm: 8:30-8:50 pm: (approx.)20 min. intermission. Touch up tuning. 9:20-10:25 pm: 8:50-9:55 pm: Second set and encore(Second set is 55 min. Total running time 2-1/2 hrs.) 10:45 pm: 10:15 pm: Load out 11:30 pm-3:00 am: 11:00-5:00 am: Rehearsal(after show) REHEARSALS: George needs to rehearse on the performance piano between 1:00am to 6:00am the night beforetearly morning of the concert AND until 5:00am after the concert if possible. Depending on travel schedule, in addition to the night before, George may occasionally need to rehearse 2 nights before, and very occasionally, 3 nights before. These rehearsals NEED TO BE PRIVATE AND CONFIDENTIAL. There are no technical requirements other than the piano and work lights for the confidential rehearsals. If the stage is unavailable,a practice room is fine;but George will need to check the concert performance piano for about ten minutes sometime the day or night before the concert(if the show piano is not available, please notify Dancing Cat immediately). Specific arrangements should be confirmed with Dancing Cat well in advance. , 1 ------------- DANCING CAT PRODUCTIONS/GEORGE WINSTON CONCERT RIDER MARKETING OF SHOW: George Winston appreciates the opportunity to perform at your venue, and it is important that he be comfortable with the marketing representation of his performance. 1) The three styles George plays are melodic folk piano, New Orleans R&B piano, and stride piano(not classical or jazz). 2) Please do not use the terms "Windham Hill" or "new age" to describe George or his music. 3) Contact Jennifer Gallacher at jenniferCE dancinacat.com for pre-approved marketing materials including posters, flyers, descriptive paragraphs, and media quotes. If you would like to contribute suggestions that might work better for your venue promotion, please let us know and we will be happy to work with you. FRONT OF HOUSE: 1) No music of any kind is to be played in theater or lobby before show, during intermission, or after show. 2) Please make best efforts to make sure that nothing disruptive is going on at the same time as the concert, such as nearby night construction, or loud simultaneous events (concerts or rehearsals)in or near the same building. 3) "NO CAMERAS OR RECORDING DEVICES PLEASE—AND PLEASE TURN OFF CELL PHONES" Please prominently post signs to that effect in the lobby. No one may record the concert without prior permission from Dancing Cat Productions. 4) PRINTED CONCERT PROGRAM: Dancing Cat will supply programs for the concert. PLEASE NOTE:The programs provided SHOULD NOT BE ALTERED IN ANY MANNER WHATSOEVER, nor can anything be added to or inserted into the program without the prior permission of Dancing Cat Productions. Concert programs usually arrive with the road crew on the day of show, or in some cases they shipped to the Hall via Federal Express for arrival two days prior to the concert. 5) SIGNALING AUDIENCE: Please do not use chimes or music to signal audience in the lobby. Flashing the lights is much preferred. Any audio signaling device should be used as sparingly as possible. 6) LATE SEATING: As a courtesy to the audience, and since this is an acoustic concert, as soon as the house lights go down ushers should close the doors from the lobby to the auditorium. PLEASE ALLOW LATE COMERS TO ENTER ONLY AT THE END OF A PIECE. Ushers should encourage people in the lobby to be quiet, particularly at the beginning of both sets. Please check entry doors for squeaks and creaks. 7) Please keep food and drinks out of the auditorium(lobby is okay). 8) Please setup an approx. 3'x 8'table with tablecloth and four chairs in lobby for small display(see addendum referring to food group). PIANO AND TUNER: (see attached piano tuning rider) 2 - - --- - - - - - ------- - --- --- - DANCING CAT PRODUCTIONS/GEORGE WINSTON CONCERT RIDER o j FiAiiw-. veurye vvinston is a ateinway artist. It no piano is available in the venue, please contact the local Steinway piano dealership. George's first choice is a Steinway concert grand 9' piano, but he will also play a Yamaha, or Baldwin, Kawai, or another brand of 9 foot or 7 foot concert grand, if is in good condition. Piano selection should be coordinated with George's road managers-Lary Rust. Any anticipated problems involving house piano or piano delivery should be discussed with Production Manager immediately. Piano bench must be a height-adjustable padded artists model. Please check that it sits level without wobble and doesn't make creaking sounds. The music desk should be removed. Piano should not be polished with anything that leaves a lingering odor. 2) TECHNICIANITUNER: Tuner should receive the separate tuning rider(see attached). There will be a total of two full tunings(one the day before and one the day of show)and two touch-ups (day of show)for a single engagement. Tuner and hall should coordinate tuning times to assure access to piano.Please complete tuning before load-in. TECHNICAL REQUIREMENTS: 1) SOUND REQUIREMENTS: For a little comic relief,yet true to our needs,see the cartoon at the end 2) George's tour management will bring a Josephson condenser microphone(phantom power required)and a microphone stand.This microphone will be used for guitar, vocal and harmonica. Two(2)lengths of XLR mic cable should be provided by the venue. The extra cable is for'back-up'. They should reach from the stage input patch bay to the down stage center line. Allow four feet(4ft.)of excess for both at center. This excess will be for cabling the mic stand and for any movement or making adjustments to piano position. 3) The sound technician should be positioned in the house so the stage is visible and audible. Please do not use subs as part of the sound system. Sound system must not produce appreciable levels of hum or hiss when the levels are down or up. The show is about 90%acoustic unamplified piano. Most importantly,when the microphone is off, the system must be silent. Often amplifier levels can be rolled off and board levels increased to alleviate this common problem. Please call George's Road Manager Larry Rust with any questions regarding sound and its position. Larry Rust-Cell-(503)730- 8363. 4) Amplifier cooling fans should not be audible to George or the audience. 5) There will be a sound check approx. 1-1/2 hours before curtain time. 6) The show may not be Mmed or recorded without prior written approval from Dancing Cat Productions. LIGHTS: 1) There are no stage lighting changes during the concert except from preset to show lighting. House lights will be lowered to 5D%when artist is ready to start the concert, then ,r taken out just before he walks on stage. The houselights should be completely out during performance(As out as local regulations allow). No follow-spots please. (� 2) FOCUS: Soft wash starting at the stage left edge of piano going on-stage toward center. ' Front wash should pick up George's face when he stands 3'behind bench. Wash ending approximately 8'stage right of the centerrine positioned piano keys, capturing the piano bench and microphone stand. In addition,two(2)piano key specials(fresnels best)on the 3 DANCING CAT PRODUCTIONS/GEORGE WINSTON CONCERT RIDER 111UL uuwn stage eiectnc, d to z.o reet stage right of centeriine, should be focused on the keyboard to offset any shadows from front wash. The specials can be white or lightly saturated amber color. Front light should be a no-color pink or similar. Back light if possible, can be 4 to•6 Parcans with dark blue gel focused with in the same front wash boundaries. Please read and use attached stage plot when focusing. If you have any questions or concerns about the"look"please call DCP at 831-429-5085. STAGE: 1) PIANO POSITION: Downstage center with keys splitting center line. George stomps the heel of his left foot very hard, so piano should be placed on solid stage flooring or a very solid raised pit. Sometimes the pit has solid and hollow areas. Where the heel of George's left foot hits the floor is about two feet to the left of the soft pedal. Downstage edge of piano should not be closer than eight feet from nearest audience members. Music desk should be removed. George uses full stick and full lid. (see attached stage plot for positioning). 2) If a sound shell is available, please install it. Full stage, ceilinged orchestra shells should be shortened to their half-stage configuration if applicable. If there is an extra charge for use of the shell or for the labor to install it, please notify Production Manager. 3) If venue has temporary movable stairs leading from the audience to the stage, please remove them. 4) George will need a small flat table that should be placed upstage next to the piano, to the left of the bench to hold water, harmonicas,etc.—(George's tour manager will pack these things up—please leave the cups and everything else there for him) 5) Main curtain will not be used. Please, no decorations, props or plants on piano or on stage. 6) IMPORTANT: Stage and house should be ABSOLUTELY AS NOISE FREE AS POSSIBLE. The biggest distractions are usually the house ventilation systems (heating/cooling). Audible heating and air conditioning fans should be turned off or down during the performance. If possible, heaVcool the house on the day of show,turn system off for performance, on at intermission, and off again during the second half. Heating/cooling systems should not be turned on during performance without prior approval of George's Representative. If the audience is uncomfortable,we can adjust at intermission or during certain point(s)in the concert. Other common sources of noise interference include electrical hums from the sound system or dimmer racks, amplifier cooling fans, noisy radiator pipes, backstage telephones, slamming doors, squeaky doors, and squeaky swinging trash can lids in the lobby, soft drink machines, refrigerators,compressors,and simultaneous events in or near the facility. Noisy on-stage equipment should be muffled or surrounded by reflective materials (tables, platforms, etc.)placed to deflect the sound away from the stage. DRESSING ROOM: 1) Please provide a small incandescent lamp if there are only fluorescent lights in the dressing room. 2) Please keep loud conversations and cigarette smoking away from the dressing room area. Please do not have any monitor or paging sound system piped into George's dressing room. 4 - - --- --- ----- ---- ---—- -- -------- --- --- ------------ - - --- - - ----- --- - DANCING CAT PRODUCTIONS/GEORGE WINSTON CONCERT RIDER SECURITY: 1) There should be sufficient security during and after the concert to stop any unauthorized persons from entering backstage area. Show related personnel generally include a tour manager, George Winston, and the local piano tuner. 2) NO ONE, including theater management, personnel, and/or promoter or promoter representative should disturb George's privacy before show, during intermission, or after show. All access to Mr. Winston is controlled through the tour manager, Please route any gifts, cards, notes, flowers, or messages for George directly to the tour manager. GENERAL: 1) No master of ceremonies, or introduction for George. If necessary brief thank yous can be made to the approved sponsors of the show prior to show time(please try to keep it to one minute or under if possible, and please low key—George is trying to set a certain mood). The sponsor announcer should make no reference to George Winston or the performance to come,other than"the show will begin soon",or"enjoy the show". We must be alerted to any announcements that must be made legally(fire, etc.)or requests for sponsor thanks. These should be made about five minutes before the show is to begin (keeping in mind that the show sometimes starts 5 minutes late). On occasion,the concert will be completely acoustic(no microphones and PA). In the event of an acoustic show, please do not use microphones or sound reinforcement of any kind for announcements. Please coordinate with the tour manager. Please no announcements at intermission, unless an emergency. 2) No music(CDs, etc.)should be played in the venue or the lobby prior to the concert or during the intermission. 3) At least thirty(30)days prior to the engagement, Promoter/Hall shall inform Producer of any mandatory union breaks, curfews,fire regulations, light or sound level requirements, requirements relating to the presence of uniform police within the concert hall,and any other unique regulations or peculiarities. K studs, �> 4) GUEST TICKETS: Dancing Cat requests 49A of house capacity for co1°hplimentary for each concert(quantity could vary by location).These seats should be scattered pairs throughout the house(main floor is preferred). 5) LODGING/ACCOMMODATIONS: George Win�andhis_ manager require 1 hotelroom for 3 nights and 1 hotel room for 2 nightsactual hotel reservationswith DCP prior to making actual reservaf cific needs. 6) HOSPITALITY: DCP asks that the promoter/venue assist in arranging two meals for George Winston to receive at his hotel room-one meal on the evening before the show, and one meat on the afternoon of the show. DCP has specific menus to be followed each day and would appreciate the contact information for local caterers)chefs we can work with. DCP will be paying all charges,we just need your assistance in setting this up. Please send any information to Lary Rust larryd73@aol.com. Only bottled water is required backstage. 7) CONTRACT: The Contract,together with this Rider,cannot be assigned or transferred without the written consent of DCP. It contains the complete understanding of the parties, and cannot be amended,supplemented or varied except by an instrument in writing signed by both of the parties. Any deletion from, modification of, or addition to the contract or this Rider by Hall/Promoter shall not be binding upon George Winston or , Dancing Cat Productions unless initialed by both parties. 5 - - ------ -------- - - -- ------ ---------------------- - -- - - - -------- DANCING CAT PRODUCTIONS/GEORGE WINSTON CONCERT RIDER ACC PTE AND R D B ' ,� G� DANCING CAT PRODUCTIONS INC. H II romoter By: By: (�v An Authorized Signatory Date J / Date0 GEORGE WINSTON'S REPRESENTATIVE: Road Crew: Tour Manager is Larry Rust, cell phone(503)730-8363 Marketing&Promotions Manager is Jennifer Gallacher PH 831-429-5085, ext.#215 Or e-mail:jennifer@dancingcat.com DANCING CAT PRODUCTIONS, INC. P. O. Box 4287 Santa Cruz, CA 95063 PH (831)429-5085, FAX(831)-423-7057 www.dancinqcat.com www.georgewinston.com hlconcerhform\dderslhalrider f 6 GEORGE WINSTON SOLO PIANO CONCERT Concert Date: ^�'�, 6q Concert Time: City: 0,1 y kwk Venue: 1' L—L Piano being used: loc arwIV& ��I V"l �Q A ( Q( •�+' Piano delivery info: . TUNING TEVIES: Day before show: One full tuning,completed by: Day of show: One full tuning to be completed by: One touch-up tuning just before house opens at: Another touchup tuning during intermission at: • If the piano is being delivered to the venue,it will generally be scheduled to arrive by early afternoon the day before the concert. • Please coordinate with the venue manager or technical director for an appropriate time for you to tune and adjust the piano on the day of delivery and on the afternoon of the show day. • George will rehearse on the piano the night before the show and he'll leave a note for you in the piano regarding the next day's tuning. (This rehearsal is private and all information concerning it is CONFIDENTIAL,please) • George will rehearse briefly before the preshow touchup and will relay any further tuning requests as he exits the stage. He will again meet with you stage right at the conclusion of the first set. QUESTIONS: If you have any questions or problems,please call the artist's Production Manager, Larry Rust at(503)73"363 Most Frequent Problems: Things that seem to be adjusted the most are the pedals and bench — please see those first sections just below: P:\lBand Dots\George WinstonlContract Documents\George Winston -Tuning Rider.doc 1 Piano Preparation • PEDALS: Please check that there are no creaks in the sustain pedal as it is released VERY SLOWLY—BEST TO TAKE ABOUT S SECONDS OR MORE TO SLOWLY RELEASE IT—(This seems to be the most frequent adjustment to need to make when George leaves a note inside the piano the night before the show). Also check that there is padding at the bottom as the soft and sustain pedals are depressed (the middle pedal will not be used for the concert at all).Also please check that the metal rods are not loose,so that there isn't a click as the foot first touches the pedals(This seems to be the second most frequent adjustment to need to make). • BENCH: Bench should be adjustable artist's bench. Please check that it is not squeaky or wobbly and repair or replace it as necessary.Bench should be able to adjust to a high position. • SCENT: Please do not use scented polish on the piano. • PLACEMENT: Piano will be placed with keyboard on center stage line,off any hollow sounding part of the stage(George stomps his foot hard). • KEY BED TRAVEL: Soft pedal should slide the keybed over as far as possible without hammers hitting the next notes chromatically above(especially with both pedals depressed and the notes struck pretty hard) • TUNING CHART: George prefers an expanded or stretched tuning,with well- stretched octaves if uossible. See attached chart. (if the piano is set at something other than A440,such as A442,it down not need to be changed to A440). • POWER: The piano will not be amplified,so it's important to get enough power from the instrument to fill the hall. If the sound is too soft,it may be necessary(onlyif ossible to harden the hammers via ironing,filing,or less likely,lacquering. The bass notes should be particularly strong and loud,particularly the notes marked with a "B" in the following chart. • SOFT TONE NOTES: If possible,particular attention should be paid to getting a soft tone on certain notes when the soft pedal is depressed (marked with a "S" on the following chart). Ideally,the left side of the hammers on these notes should be needled slightly to produce a fairly soft tone when the soft pedal is depressed. This is to ensure that when these notes are struck hard with the soft pedal down,the note will ring out long and loud without having a loud percussive sound as it is struck. The right side of the hammers should remain hard and bright. P:\Baod Docs\George Winston\Contract Documents\George Winston-Tuning Rider.doc 2 �i • RAPID REPEAT NOTES: Keys in the second and third octaves above middle C should Spreana hark annrm ally fear vpm raaaaal rAnac:c 'r'lanaa Particular notes requiring this are marked with an "R" on the following chart P:\Band Docs\George Winston\Contract Documents\George Winston-Tuning Rider.doc 3 ---------------------- ---------- --- ----- ---------- -- TUNING CHART K: Ivey numbers N: Note O: Octave selector setting C: Cent offset(only if possible) R: Notes requiring good rapid repeats S: Notes needing soft tones on left side of hammer(if possible) B: Bass notes particularly requiring strength K N O C I R I S I B K N 1 O C R S B 88 C 8 30 44 E 4 -1 R 43 D# 4 -1.5 87 B 8 27 R 42 D 4 2 86 A# 8 25 R 41 C# 4 -2 85 A 8 23 R 40 C 4 -2 84 G# 7 21 83 G 7 19 39 B 4 -2 82 F# 7 17 R 38 A# 4 -2 81 F 7 15 37 A 4 -2 80 E 7 13 36 G# 4 -2 79 D# 7 12 35 G 4 -2.5 78 D 7 11 34 F# 4 -2.5 77 C# 7 10 33 F 4 3 76 C 7 9 32 E 4 3 31 D# 4 -3 75 B 7 8 30 D 4 -3 74 A# 7 7 29 C# 4 3 73 A 7 6 28 C 4 3 72 G# 6 6 R 71 G 6 5 27 B 4 3 70 F# 6 5 26 A# 4 3 69 F 6 4 25 A 4 3 B 68 E 6 4 24 G# 4 3 67 D# 6 3 23 G 4 4 66 D 6 3 22 F# 4 4 B 65 C# 6 3 S 21 F 4 4 B 64 C 6 2 20 E 4 4 B 19 D# 4 -4 63 B 6 2 18 D 4 -5 B 62 A# 6 2 17 C# 4 -5 B 61 A 6 2 16 C 4 -b B 60 G# 5 2 59 G 5 1 15 B 4 -6 58 F# 5 1 14 A# 4 -7 57 F 5 1 R 13 A 4 -8 56 E 5 1 R S 12 G# 3 -9 B 55 D# 5 1 R 11 G 3 -10 54 D 5 0 R 10 F# 3 -11 B 53 C# 5 0 R 9 F 3 -12 52 C 5 0 R 8 E 3 -13 7 D# 3 -14 51 B 5 0 R S 6 D 3 -15 B 50 A# 5 0 R 5 C# 3 -16 49 A 5 0 R 4 C 3 -17 48 G# 4 -1 47 G 4 -1 R 3 B 3 -is 46 F# 4 -1 2 A# 3 -19 45 F 4 -1 R i A Updated May 22,2008 y PABand Docs\George Winston\Contract Documents\George Winston -Tuning Rider.doc 4 IF THERE ARE ANY QUESTIONS ABOUT IF A PIANO IS SUTABLE FOR GE013C-E W ii,46 i vie a v r•Pu"viva U1N,Jr1&AASh ItEyhK'1'(Ti'1 HE FOLLOWING QUESTIONS: TOP TEN QUESTIONS FOR PIANOS I. When was the last time the piano was tuned? 2. What is the make/model of the piano? 3. What size is the piano, 5ft-7ft-9ft? 4. Is the piano tuned on a regular basis? 5. Is the piano powerful (are the strings old)? 6. How old is the piano? 7. Where is the piano stored? 8. When was the last time the piano was rebuilt? 9. Is this piano moved from the stage area a lot? 10. When was the last time this piano was used for a live performance and who was the performer? P;1Bond DocslGeorge Winston\Contract DocumentAGeorge Winston-Tuning Rider.doc 5 Position of Piano and Lighting Requirements NeOrge Vr inston 3010 rMo I-oncert) The piano keyboard should be at center line with the right hand side of piano facing the audience. The piano should be on the solid portion of the stage,about 8'from the downstage lip of the stage. The piano will be played with the lid Fully extended open and the lid at full stick. A small table should be placed upstage of the piano flush with the keyboard.The lights should be focused to create a pool of light around the piano approximately six to eightfeet in diameter with soft diffused edges,from approximately,four feer stage right of the piano to the stage left tip of the piano.A special should also be hung 3 to 2112 feet right of center line and focused on the keyboard to offset any shadows from the front wash lights. The entire scene can be accomplished with six to eight instruments.When available please put a lightly saturated pink gel in the front instruments,a fairly saturated blue(such as Rosco#67,#68 or#80)in the back lights and no gel or no color pink in the special. George always enters and exits from stage right. Curtain or Orchestra Shell ,Stage / ^� �� Stage Right \� tI Left ST,�GE =! Imic Stand - Center Line H•DwTASLC•PwpI.NOi05Pa5emaen upaa t ior-4m D.IV