HomeMy WebLinkAboutCAG2008-0728 - Original - Tom Rush c/o Skyline Music LLC - Spotlight Series - 06/27/2008 Recorrds Management
KENT Document
W A S H I N G T O H
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: TO1rYl, CT, 0 S YIMC uS1 C Vendor Number:
—7 JD Edwards Number
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Contract Number: C K0 9 - 2-� l
This is assigned by Deputy City Clerk
Description: Dne DU.bl C pu-f ar MAACIC
Detail: KPn+-Mehdi an. +I S PAC - Sah, M arch. 29 , 2009 - 7- 30 nrn.-q:I5pw
Project Name: {.e.n+- jbr-17s ComrdsSion's "Spkfaht en;esl
Contract Effective Date: 6"q -D$ Termination Date: 3-2 4- 09
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: &nd a. 81I1e r b ec K Department: �a YIC,S
Abstract:
. 3\DO
S:Public\RecordsManagemenl\Forms\ConlroclCovei\ADCL7832 07/02
•
KENT
W A S H I N O T O N
CONTRACTOR SERVICES AGREEMENT
between the City of Kent and
Tom Rush.c/o Skyline Music LLC
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the
"City"), and Tom Rush, c/o Skyline Music LLC located and doing business at 28 Union St., Whitefield, NH 03598,
(603)837-9600(hereinafter the"Contractor").
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City-
Description: Tom Rush (hereinafter referred to as"Artist")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 45-minute sets with one intermission/approximately 9:15 p.m.
Day, Date,Year: Saturday, March 28, 2009
Event Location: Kent-Meridian High School Performing Arts Center, 10020 SE 256t' St., Kent,
WA 98030
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 one(1) hotel room on the night of Saturday, March 28, 2009.
Travel: Airfare included in fee. City will provide local ground transportation to and from
airport, hotel and performance venue as needed.
Meal(s): City will provide a meal and refreshments as specified in the attached rider.*
Billing: "Tom Rush." 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.
Exclusivity: Contractor shall not appear in general Seattle/Puget Sound market, including
King, Pierce, Snohomish and Kitsap Counties, within two-months before or after
March 28, 2009, with the exception of venues previously discussed and mutually
agreed upon.
House seats: City will hold ten (10)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.
II. COMPENSATION. The City shall pay Contractor the total sum of$4,500.00 for the work to be performed
under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement. A 50%
deposit of $2,250.00 will be paid, by City of Kent check, to Skyline Music upon complete execution of contract. The
balance of$2,250.00 will be paid, by City of Kent check, to Maple Hill 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- I
(Under$10,000—Sole Performer)
e '
Venue: City will provide proscenium theater: Kent-Meridian High School Performing Arts Center.
Sound: City will provide sound system according to Contractor's technical rider.*
Lights: City will provide lighting according to Contractor's technical rider.*
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 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
CONTRACTOR SERVICES AGREEMENT-2
(Under$10,000—Sole Performer)
f
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
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:�. By: (Z�L a!�
(signatclM) (sign t )
Print Name: j c� l C-�.�S L� Print Name: Lori Hogan
Its Q�L' .,.7� Its: Superintendent, Recrea ion and Cultural Services
DATE:_ (0I DATE: , �Pit,
e)b
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: ( - CITY OF KENT:
Lt�� Ronda Billerbeck, Cultural Programs Manager
c:) City of Kent
1 220 Fourth Avenue South
Kent,WA 98032
(telephone)
(facsimile) (253) 856-5050(telephone)
�(� t L-) (email) (253) 856-6050(facsimile)
U.e_� rbillerbeck(cD-ci.kent.wa us(email)
P\Clvll\FORMS\CONRACTWmtNetConlracle-FINALS\ComuRantServicaaAgreemenbWUlmCon"do PartmmerSmiA doe
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)
For All Deliveries: Deposits must be bank wire or certified
Skyline monies and made payable to Skyline Music,
Mus LLC l Sr LLC. contract may be deemed invalid if not
28 returned by the deadline stated herein In
White Meld,NH 03598 event of breach of contract by purchaser,all
Ph-603 837,9600 Fax-603 837 9601 deposits will be forfeited
This contract is for the personal services,on the engagement described below,made this day,2/4/2008,between the under-signed Purchaser of Music
(hereinafter called'Purchaser')and undersigned entertainment act(hereinafter called'Artist')
Engagement Date 3128/2009
Artist Tom Rush Capacity 360
Venue Kent-Meridian High School Performing Arts Center Set-up Time Per Advance
Sound Check Per Advance
10020 SE 256th St. Ages All
Kent,WA 98032 Doors 7:00 p.m.
Phone 253.856.5050
Wage Agreed Upon $4,500.00 flat
Contracts Due 4/1/2008 Deposit(certified check or bank wire) $2,250,00
Payment Terms $2,250 deposit due 4/1/08 made payable to Skyline Music Artist Deposit Account; balance to be paid in City Check made
payable to Maple Hill Productions,Inc.prior to performance
Ticket Price $18-$25 Gross Pot $6,480-$9,000
Perf Length, 2 sets @ 45 minutes Perf Time 7:30 p.m.
Taxes none
Merch, 100%to artist;artist sells
Tech Advance. Sound:Dan Mortensen,206.525.2113, Lighting:Jay Thornton,253.373.4069
Promo Adv Ronda Billerbeck,253.856.5050,rbillerbeck@ci.kent.wa.us
Other Info
Ticketing Info Tix on sale August 2008 by calling 253 856.5051 or online at www.kentarts.com
Taxes/Ages/Addt'I Agreements Venue to provide technical requirements per artist rider.City requires use of city contract(tech rider may be
included as attachment).City will pay Artist a 50%deposit upon complete execution of contract. Venue will
provide one quality single hotel room for night of performance 3/28/09.Artist receives 10 comp tickets.Buyer
requests artist shall not perform any other concerts in the general Seattle/Puget Sound market,within two
months before or after March 28,2008,including King,Pierce,Snohomish and Kitsap Counties,with the
exception of venues previously discussed and mutually agreed upon.
Type of Engagement Art Center
Sound and Lights Provided by Purchaser to Artist's Specifications Yes
ANY ATTACHMENTS,RIDERS,OR ADDENDA ARE BINDING PARTS OF THIS CONTRACT
1)The Agreement of the Artist to perform is subject to proven detention by sickness,strikes,adverse weather condition,acts of God,or any other legitimate condition beyond Its
control,for which the artist will not be held responsible for any loss incurred by the Purchaser,as a result thereof
2)It is expressly understood by the Purchaser and the Artist,that Skyline Music is not a party to this contract in any capacity except as agency for a disclosed principal and,
therefore,shall not be liable to the performance or breach of any provision herein
3)No performance by the artist pursuant to the contract shall be recorded,reproduced or transmitted from the place of performance in any manner or by any means whatsoever in
the absence of a prior written agreement with the artist relating to and permitting such recording,reproduction,or transmission
4)It is mutually understood and agreed that this contract shall be governed by the laws of the State of New Hampshire,both as to interpretation and performance Further any
action at law,suit in equity,arbitration or other judicial proceeding for the enforcement of this contract or any provision thereof shall be instituted only in the courts of the state of
New Hampshire
5)Purchaser warrants that he or she is of legal age,has the right to enter into this contract,and in signing this,acknowledges his authority to do so,and hereby assumes liability of
the amounts stated herein
THIS CONTRACT WAS NEGOTIATED WITH SPECIFIC TICKET PRICES STATED CAPACITY AND GROSS POTENTIAL ANY ADDITIONAL MONEYS GENERATED IN ANY OF
THESE NEGOTIATED POINTS WILL BE 100%DUE ARTIST ON DEMAND I HAVE READ,UNDERSTAND,AND AGREE TO THE ABOVE CONTRACT
Ronda Billerbeck-City of Kent Arts Commission
Kent-Meridian High School Performing Arts Center Tom Rush
220 4th Ave.South Booked by Kelly Shuttleworth
Kent,WA 98032-5896 S I l ine
253-856-5050 253-856-6050 16, 4m
M
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wa us
qq
www.skylineonline.com iE
Tom
Contract Rider
General Conditions
1. Purchaser agrees to complete the general information form and return it to Skyline Music within five
working days of receiving it.
2. (a) It is agreed that as full compensation for the services of Artist as set forth above, Purchaser shall
make all deposits hereunder to Skyline Music,and all other payments(balance and percentages, if any)to
Artist in United States currency, certified check, or acceptable bank draft made payable to Maple Hill
Productions (Federal ID # 02-0379096). Any portion of the guarantee not paid in advance as a deposit
shall be paid to Artist or his authorized representative one half hour prior to first performance.
Percentage payments, if any, shall be in cash with final accounting,paid to Artist's representative during
the intermission of the performance(s) herein. In the event that percentage payments are a part of this
agreement, Artist's representative shall have full and unrestricted access to the box office and its records
pertaining to this engagement prior to, during,and after the performance.
(b) In the event that the compensation payable to Artist hereunder is measured in whole or in part by a
percentage of receipts, Artist shall have the right to limit the number of free admissions authorized by
Purchaser. If purchaser is unable to accurately determine the number of persons admitted free,Purchaser
agrees to accept as binding a reasonable estimate made by Artist's representative.
3. In addition, Purchaser shall provide, at its sole cost and expense: One quality hotel room for the
night-of-show, as well as meeting the specifications set forth below. This Artist's rider is hereby made
an integral part of this agreement.
4. Purchaser agrees to abide by the following restrictions on advertising and promotion of the
engagement:
5. Artist shall receive 100% Sole Star Billing in any and all publicity releases and paid advertisements,
etc., without limitation programs, fliers, signs, lobby boards, tickets, marquees, and radio and television v Q�
ads. No other performer shall receive credit or billing on the same publicity release or advertisements,
etc., without prior written approval of Artist. No other performer(s) may receive more than 80% billing
relative to Artist's without prior written consent of Artist. Further, no other performer may appear on the
same program without prior written consent of Artist. Other performers at the program shall be:
6. Purchaser shall provide Artist with six complimentary tickets for a solo show ten ticke f Artist
appears with an accompanist, or twenty tickets if Artist appears with more th accompanist.
Purchaser shall hold these tickets for Artist for each performance herein. Any tickets which Artist has
not confirmed by four hours prior to each performance time may be released and sold by Purchaser.
7. rc aser s a o am orwa ions, nc. no ater t an 30 ays pri
pe anc , mmg urchaser's Cljq t CE>5A
comprehensive general liability insurance policies in the minimum amount of one million dollars b1SU�
($1,000,000) and shall indemnify Artist for all damages (including reasonable attorney's fees) resulting
from Purchaser's failure to exercise due care with respect to the performance. Purchaser shall indemn�ify
and hold Artist harmless from and against all costs, expenses, damages, liabilities, or losses (including jV,' %V
Vi,
c +i%
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Tom Rush Contract Rider Page 2 of 6
reasonable attorney's fees), arising out of or in conjunction with any presentation or any representation or
covenant made by Purchaser in this agreement or any other act or obligation of Purchaser under this
agreement.
8. Purchaser agrees to furnish at Purchaser's expense, round trip ground transportation for Artist,
luggage, and instruments, from the nearest major commercial airport to Artist's lodging and to the place
(s) of performance (s) for rehearsal (s) and performance (s) in vehicles which Purchaser deems
appropriate for Artist's comfort and dignity. All transportation shall be available on a schedule which
shall not keep Artist waiting or leave Artist stranded.
9. Purchaser warrants that the place of performance shall be lighted, heated, ventilated,cleaned, and free
from distracting noises. Purchaser shall also provide sound and lights,hospitality,and dressing rooms to
the specifications listed below, as well as promotion, publicity, and advertising,janitors, ushers, ticket
sellers, door keepers, the tickets for the performance, and any additional services and personnel as
required, as well as any license or permit required by any state or local authority. Purchaser shall provide
adequate security personnel to ensure the personal safety and the safety of the personal property and
professional equipment of Artist and his staff, including any accompanying musicians.
10. In order to insure the punctual presentation of the performance contracted hereunder and rapid
correction of any problems which may occur, Artist and his staff and musicians shall be supplied with
whatever identification and authorization may be necessary for complete freedom of movement
throughout the place of performance. These passes must be good for backstage, stage, dressing room,
main audience area, and parking area. These passes shall be supplied only to Artist's road manager at the
time of his arrival.
11. Purchaser shall provide a comfortable and PRIVATE dressing room adequate for use by 3 persons.
This room shall be clean, dry, well lighted, heated or air-conditioned. It shall contain at least 3 chairs
and shall be within easy access to clean lavatories supplied with soap, toilet tissue, and towels. These
lavatories shall be closed to the general public and Purchaser's staff. Purchaser shall be solely
responsible for the security of items in the dressing room area and shall keep all unauthorized persons
from entering said area. If there is more than one door to the dressing room area, all doors but one
should be locked and secured to Artist's satisfaction. IN INSTANCES WHEN ARTIST APPEARS
WITH ACCOMPANISTS, PURCHASER SHALL PROVIDE APPROPRIATE ADDITIONAL
DRESSING ROOM(S)TO ACCOMMODATE THEM. Dressing room(s)must each be equipped with at
least one electrical outlet(120 volts, 60 cycle).
12. Due to the difficulty of finding time to go out for refreshments during pre-concert preparations,
refreshments are respectfully requested for up to 2 people for solo performance, augmented as needed
when Artist is appearing with accompanists, to be set up in the dressing room area. REFRESHMENTS
FOR PURCHASER'S STAFF, RECEPTIONS, OR OTHER ACTIVITIES MUST NOT BE SET UP OR
SCHEDULED FOR THIS AREA.
AT ARTIST'S ARRIVAL/SOUND CHECK: 3 bottles of bottled water, a small deli tray, fresh fruit,
fresh brewed hot decaf coffee, utensils, glasses, coffee mugs, napkins, 3 large terry cloth towels, and an
iron and ironing board.
Tom Rush Contract Rider Page 3 of 6
1 1/2 HOUR PRIOR TO SHOW: A hot meal consisting of an entree with two vegetables, salad, and
dessert for up to 2 persons for solo performance, more if Artist is working with accompanists. If there
are restaurants nearby and time allows a $35 buy-out, one each for Artist, road manager and each
accompanist(if any), is acceptable.
SHOW TIME: Fresh brewed decaf coffee is important at show time and throughout the show.
13. Artist shall complete sound check at least one hour prior to the time of performance provided that
Purchaser ensures that the venue and tech personnel are ready for sound/light check at least two and one
half hours before show time. Under no circumstances shall Purchaser or its staff allow the audience to
enter the place of performance until such time as the authorized representative for Artist signifies that the
set-up and check has been completed.
14. Artist shall have the sole and exclusive control over the production, presentation, and performance of
the engagement(s) hereunder, including but not limited to, the details, means, and methods of the
performance of the performing artists hereunder, and Artist shall have the sole right,as Artist may see fit,
to designate and change at any time the performing personnel. No seats are to be permitted on the stage
of the place(s)of performance without the written consent of Artist.
15. Purchaser shall be responsible for keeping its staff, including without limitation, ushers, security
personnel, and police, quiet and orderly during Artist's performance (s). Purchaser shall minimize
potential disruption such as seating audience members or using walkie-talkies or any other equipment
which might disrupt the performance. Audience members arriving late shall be seated between songs. If
smoking is permitted on the premises, Purchaser shall designate all areas within 40 feet of the stage
(including the wings and all parts of the stage itself),and the dressing room area as NO SMOKING areas.
16. GENERAL PRODUCTION REQUIREMENTS
NOTE: ALL STAGE, SOUND, AND LIGHTING SYSTEMS SHOULD BE SET UP AND
FUNCTIONING PROPERLY PRIOR TO ARTIST'S ARRIVAL AT THE VENUE, AT LEAST 2 1/2
HOURS BEFORE CURTAIN.
(a) STAGE&ELECTRICAL Purchaser shall provide the following:
(i) A stage area of at least 12' wide by 8' depth by 2' high for the exclusive use of Artist, if Artist is
appearing solo. Extra stage area shall be provided as necessary if Artist is appearing with accompanists.
Purchaser shall insure that this stage area is kept free of people and equipment, including musical
equipment of other acts on the bill during the time it is designated to Artist. If this engagement is
outdoors, Purchaser shall provide a cover over the stage which shall protect Artist and his equipment
from the elements to Artist's satisfaction.
(ii)A stage hand to assist for 20 minutes at Artist's arrival for load-in and setup of Artist's equipment, and
again after the conclusion of the engagement for striking and reloading equipment. Artist requires a
complete sound and technical rehearsal with all lighting and sound personnel present at least one hour
prior to door opening. Artist requires adequate security for personal property and professional equipment
of Artist both onstage and backstage.
(b) LIGHTING Purchaser shall provide the following: (Note: THIS SYSTEM MUST BE ON A
SEPARATE AND ISOLATED ELECTRICAL SERVICE FROM ANY SOUND OR STAGE
SERVICES.) A professional quality lighting system adequate to the specific situation(to light Artist and
accompanists, if any)and a competent lighting designer/operator.
Tom Rush Contract Rider Page 4 of 6
(c) SOUND Purchaser is encouraged to obtain a bid for sound services from Klondike Sound. (413)
772-2900, Artist's preferred sound contractor. Purchaser shall provide a professional quality sound
system adequate to the specific situation on an isolated, separate electrical service with competent
engineer(s) to operate it. Depending on Purchaser's sound installation, it usually is sufficient (even
preferable) to have both house and monitor mixes done by one engineer at the main board. Artists may
request Purchaser's engineer to record the performance.
17. Although artist allows audience members to record and photograph shows (and may request the
sound engineer to record this performances for Artist's own use), Purchaser shall not allow any portion
of the performance hereunder to be professionally broadcast, recorded, filmed, taped or embodied in any
tangible form for any purposes of reproducing or preserving such performance for any purpose whatever
(including archiving) without Artist's written consent. Should such consent be granted and such a
recording be made, Artist shall be delivered a full copy of any such recording, and shall be allowed
unrestricted use thereof and full rights thereto.
18. Artist agrees to supply a reasonable quantity of such printed and other advertising material as is
available, which Purchaser agrees to reproduce and distribute at his sole cost and expense within a
reasonable period before each scheduled performance for the proper and effective promotion of said
event. All these materials are available for download at TomRush.com.
19. (a) Any promotional materials, other than those provided by Artist, which Purchaser may use,
including posters, fliers or handbills, or publicity containing Artist's name, likeness, caricature, or
biography, shall be subject to Artist's prior approval and used only for the purposes of promoting the
performance contemplated under this contract. Artist shall have sole and exclusive authority to sell any
product bearing Artist's name, likeness,caricature,or biography.
(b) Purchaser shall provide without charge suitable tables (each at least 3 feet by 5 feet) in well-lit and
appropriate areas of the place of performance for the sale to the public of Artist's merchandise before,
during,and after the show. Purchaser shall, if requested by Artist,provide vendors to assist in such sales.
20. Artist may solicit mailing list information from the audience, or conduct other surveys of the
audience. Any information resulting from such solicitation shall be shared with Purchaser upon request.
Likewise, Purchaser shall share any and all mailing list information generated by the engagement with
Artist upon the request of Artist.
21. (a) In the event Artist does not receive full payment of compensation promptly as herein provided or
in the event that Purchaser fails,refuses,or neglects to provide any material items contained herein stated
or to proceed with the performance (s) herein, or fails to perform any other obligation undertaken herein
or perform any act prohibited hereunder, Artist shall have no obligation to perform under this contract
and shall have the sole option and the right to refuse to be present, allow himself to be presented, and to
complete any performance hereunder; Purchaser shall, nevertheless, remain liable to artist for the full
contract price as set forth hereunder.
(b) If, before the date of engagement contracted herein, it is found that Purchaser has not fully
performed his obligations under any other agreement with Artist or any other party or that the financial
credit of Pu'Tchaser has been seriously impaired, Artist may require that Purchaser immediately pay full
all guaranteed amounts, regardless of the fact that a deposit had already been paid or that a deposit has
been waived. If Purchaser for any reason fails to make such payment within 48 hours after such written
Tom Rush Contract Rider Page 5 of 6
request has been made by Artist,then such failure shall be considered an anticipatory breach of the entire
contract and Artist may immediately sue for the balance of the contract fee. In the event that Purchaser
does not perform all of his obligations hereunder Artist shall have the option to perform or refuse to
perform hereunder and in either event,Purchaser shall be liable to Artist for damages incurred in addition
to the compensation.
22. In the event of a breach of this agreement by Artist, any deposit(s) made by Purchaser shall be
returned forthwith, and Purchaser's damages shall be limited to necessary, proven out-of pocket expenses
which were directly incurred for the performance covered by this agreement. In no case shall such
damage exceed one-thousand dollars($1000),which sum shall be considered liquidated damages.
23. Artist's fulfillment of obligations hereunder are subject to detention or prevention of sickness,
inability to perform, accident, failure of means of transportation, act of God, riots, strikes, labor
difficulties, epidemics, and acts or orders of public authority or any other cause, similar or dissimilar,
beyond Artist's control. The failure of Artist to appear due to such causes shall not constitute a breach of
this agreement.
24. All Federal, State, and Local amusement taxes, excise taxes, any taxes, and/or fees (including BMI,
ASCAP, and SESAC) levied, by government(s) or sources not a party to this agreement, upon Purchaser
or the venue related to this presentation are the sole responsibility of Purchaser.
25. Purchaser agrees to comply with all regulations and requirements of any national or local union (s)
that may have proven jurisdiction over any of the materials, facilities, services, and personnel to be
furnished by Purchaser.
26. All deadline dates herein are material items and are of the essence of this agreement.
27. All notices required hereunder shall be given in writing to Artist in care of Skyline Music at the
above address. CERTIFIED MAIL IS SUGGESTED.
28. It is understood and agreed that the term "Purchaser" in the context of this agreement excludes any
responsibility with regard to federal withholding, workman's compensation, or unemployment taxes.
Artist assumes these responsibilities. Artist enters into this agreement as an independent contractor and
not as employee. This contract shall not, in any way, be construed so as to create a partnership, or any
other kind of joint undertaking or venture between the parties hereto.
29. The person(s) signing this agreement warrant(s)that they are authorized to represent their respective
organization(s)and have the authority to present Artist according to the terms herein.
30. This contract cannot be assigned or transferred--without the written consent of both parties. It
contains the complete understanding of the parties her, o, and may not be amended, supplemented,
varied, or discharged, except by a written instrument. Thi entract-sliall ke-precedence in the event of
aded�e-it.
31. Any and all disputes arising from the engag hereunder shall be submitted to arbitration in the
City of Boston before the American Arbitration Association pursuant to its rules and regulation then
Tom Rush Contract Rider Page 6 of 6
applicable, and judgment specific to that arrived at hereunder by the Arbitrator may be entered in any
court having jurisdiction thereof.
32. TERMS
Agreement: The term "agreement" when used herein shall refer to the terms and conditions contained
within this document as well as all addendums, riders, and/or attachments, provided the principal
document is signed by all responsible parties and all attachments bear the signature of all responsible
parties,and shall be interchangeable with the word "contract"as used in the Skyline Music cover page.
Artist: The term "Artist" when used herein shall refer to singular and/or plural and shall refer to no
specific performer,but all members of the performing troupe engaged by the terms of this agreement.
Purchaser: The term "Purchaser" when used herein shall refer to singular and/or plural and shall refer to
the individual, organization, partnership, corporation, municipality, or body specified at the beginning of
this agreement, and/or their legally authorized representative. This shall be the name entity referred to as
"Purchaser" in the Skyline Music cover page.
Performance(s): The term "Performance(s)"when used herein shall refer to an entire concert presentation
or multiple concert presentations by Artist,which may or may not include intermission(s) of normally no
longer than twenty (20) minutes in length, and shall NOT refer to opening attraction(s) and/or other
presentations which might be a part of a concert or festival bill,unless such presentations are included in
the definition of"Artist"on page one(1)of this agreement.
Set(s): The term "set(s)" if used herein refer to segments of Artist's performance, separated by an
intermission, presented to the same audience.
33. The above constitutes the sole, complete,and binding agreement between the parties hereto.
Accepted and Agreed
Purchaser Artist
Thomas W.Rush,President
Maple Hill Productions,Inc.
F/S/O Tom Rush
Fed.ID#02-0379096