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�•� KENT Document
W J9HINGTON
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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 Clerk's Office.
Vendor Name: bmit=4
Vendor Number:
JD Edwards Number
Contract Number:
This is assigned by Cify Clerk's Office
Project Name: ��
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: Termination Date: 2i11Z
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager �I Department: I&
Detail: (i.e. address, location, parcel number, tax id, etc.):
S:Public\RecordsManagement\Forms\ContractCover\adcc7B32 1 11/08
From :MIKE GREEN AND ASSOCIATES Fax No. :734-761-7559 Mar. 18 2011 08:33AM P 2
KENT
W. n,H c Tow
CONTRACTOR SERVICES AGREEMENT
between the City of Kent and
Jeffery Broussard &The Creole Cowboys,c/o Mike Green and Associates
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the
"City"), and Jeffery Broussard &The Creole Cowboys, c/o Mike Green and Associates located and doing business at
339 E. Liberty Street,Suite 220, Ann Arbor, MI 48104, 734-769-7264(hereinafter the "Contractor").
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City:
Description: Jeffery Broussard &The Creole Cowboys (hereinafter referred to as
"Contractor")will present one public performance as part of the Kent Arts
Commission's"Spotlight Series."
Start Time/Duration/Stop Time: 7:30 p.m./approximately two hours including intermission/9,30 p.m.
Day, Date, Year: Friday, January 20, 2012
Event Location: Kent-Meridian High School Performing Arts Center, 10020 SE 256"St, Kent,
WA 98030
Merchandising: Contractor shall have the sole and exclusive right, but not obligation, to sell
souvenir posters, programs, CDs, D1/Ds and other merchandise directly
pertaining to and/or bearing the likeness of the Contractor at the performance.
City will retain 15% of the receipts when Contractor provides sales staff and 20%
of the receipts when City provides sales staff
Outreach: Artist will conduct one (1) educational outreach activity on the afternoon on
Friday, January 20, 2010, approximately 1:00 p.m, Exact time TBD
Lodging: City will provide three (3) hotel rooms on the night of Friday, January 20, 2012
Meal(s): City will provide a meal and refreshments as specified in the attached rider'
Billing: "Jeffery Broussard &The Creole Cowboys." 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
January 21, 2012, 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 nder 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$5,000.00 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 $2,500 00 will be paid, by City of Kent check, to Mike Green and Associates upon complete execution of
Contract The balance of $2,500 00 will be paid, by City of Kent check, to Jeffery Broussard 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
CONTRACTOR SERVICES AGREEMENT- 1
(Undo$10,000-Sole Performer)
From :MIKE GREEN AND ASSOCIATES Fax No. :734-761-7559 Mar. 18 2011 08:34AM P 3
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
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 elder is part of this agreement.
V. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer
Relationship will be created by this Agreement By their execution of this Agreement, and in accordance with Ch 51 08
RCW, the parties make the following representations
A The Contractor has the ability to control and direct the performance and details of its work, the
City being interested only in the results obtained under this Agreement
8 The Contractor maintains and pays for its own place of business from which Contractor's services
under this Agreement will be performed
C. The Contractor has an established and independent business that is eligible for a business
deduction for federal income tax purposes that existed before the City retained Contractor's
services, or the Contractor is engaged in an independently established trade, occupation,
profession, or business of the same nature as that involved under this Agreement
D. The Contractor is responsible for filing as they become due all necessary tax documents with
appropriate federal and state agencies, including the Internal Revenue Service and the state
Department of Revenue
E. The Contractor has registered its business and established an account with the state Department
of Revenue and other state agencies as may be required by Contractor's business, and has
obtained a Unified Business Identifier(UBI) number from the State of Washington
F. The Contractor maintains a set of books dedicated to the expenses and earnings of its business.
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
CONTRACTOR SERVICES AGREEMENT-2
(Under$10 000—Sofe Perforrnoq
From :MIKE GREEN AND ASSOCIATES Fax No. :734-761-7559 Mar. 18 2011 08:34AN P 4
the Agreement amount based upon the actual time of Contractor's performance compared to the contracted performance
schedule
X. IMPOSSIBILITY OF PERFORMANCE. Outdoor performances are considered "rain or shine." In the
event that extreme inclement weather renders an outdoor performance impossible, the City will attempt to arrange an
alternate performance space and Contractor will employ its best efforts to provide the contract work in that alternate
performance space. Neither party shall be under liability for failure to perform in the event that such failure is caused by
or due to acts or regulations of public authorities, civil tumult, strike, epidemic or any other cause beyond the control of
either party. In the event of a failure to perform as provided in this section, neither party shall be liable for the balance of
the Agreement.
XI. MISCELLANEOUS PROVISIONS.
A. Discrimination In the performance of work under this Agreement or any sub-contract, the Contractor
shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory,
mental, or physical disability, discriminate against any person
B Recyclable Materials Pursuant to Chapter 3.80 of the Kent City Code, the City requires Its Contractors to
use recycled and recyclable products whenever practicable. A price preference may be available for any designated
recycled product.
C Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants
and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more
instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the
same shall be and remain in full force and effect
D, Resolution of Disputes and Governing Law This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim
arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim,
shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Supenor 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 VI 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 wnting 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
CONTRACTOR SERVICES AGREEMENT-3
(Under$10.000—Sole Performer)
From :MIKE GREEN AND ASSOCIATES Fax No. :734-761-7559 Mar. 18 2011 08:34PM P 5
IN WITNESS,the parties below execute this Agreement,which shall become effective on the last date
entered below.
CONTRACTOR: CITY OF KENT:
By 4/+1 p
By:
(sign Lure) (sign i re)
Print Name: Print Name Lori Ho an
Its -jo k-,�,. e u%L Its. Superintendent Rec n and Cultural Services
—
DATE:— ) (ate)
DATE: 3�1?I / I( DATE �-- a,-- (l
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
1L cvtt4, Ronda Billerbeck, Cultural Programs Manager
t ^ F-1 City of Kent
3 r L `>tir 220 Fourth Avenue South
FS d 47 Kent, WA 98032
73y- 79 a- 72.SY (telephone)
73y- 761 - ?5-S9 (facsimile) (253) 856-5050 (telephone)
(253) 856-6050 (facsimile)
a ra.uwr UN1"%n,M1..u.rs.xu.M41 xr waw.a....,...y,.ro.w.wrr.,�,un row..nanuaae
CONTRACTOR SERVICES AGREEMENT-4
(Undor$10,000—Solo Porformdr)
PAGE 1
339 E Liberty St., Suite 220, Ann Arbor, MI 4810,
734.769.7254 fax 734 761 7559
Mike
www mikegreenassociates com e-mail contracts@mikegreenassociates.com
Gr een Performance Agreement
AND A S S O C I A r E s The terms on page 2 and the ndedstage plot are part of this agreement
Artist: Jeffery Broussard Presenter: Kent Arts Commission
Billing: Jeffery Broussard &The Creole Cowboys
Format: Jeffery Broussard &The Creole Cowboys (quintet) 220 4th Ave South
Saturday, 1/21/2012-, Kent, WA 98032
EventTime- 7 30 pm USA
Perf Length two 45-minute sets Ronda Billerbeck
Load in. per advance Phone. 253-856-5055
Sound Check* per advance Fax
Doors Open. E-mail. rbillerbeck@ci.kent.wa.us
Artist on Stage: 7 30 pm
Ticket info 253-856-5050
VENUE: Ticket website: www kentarts com
Kent-Meridian Performing Arts Center
10020 S E 256th Street Tech Contact: Dan Mortensen
Phone 206-525-2113
E-mail. dansound@clearwire net
Kent, WA Fax
USA
Backstage phone Deposit: $2,250.00 Due. 7/1/2011
Deposit Payable To
Guarantee: $4,500 00 Funds-U S. Mike Green &Associates EIN 20-0254937
flat
Balance: balance of$2,250 in full immediately upon
completion of performance on 1/21/2012
Ticket Prices: Balance Payable To Jeffery Broussard
Advanced Tax ID: 438-39-2294
Day Of Show: Other Artists on Bill:
Capacity. 360 evening with Jeffery Broussard &The Creole Cowboys
Gross Potential•$-
Lodging: three hotel rooms provided for one night
Merchandise Deal:
Travel: not provided Artist sells and keeps 15%
Return Contract By: 3/15/2011
Additional Considerations:
Signatore Laurie Hogan Agent: Mike Green
Company. Kent Arts Commission
Date. Return Contract By: 3/15/2011 Date: 11/19/2010
Mike Green And Associates PAGE 2
Performance Agreement
Artist: Jeffery Broussard Date Of Engagement: 1/21/2012
1.PRESENTER'S UNDERTAKINGS: The PRESENTER agrees to furnish,at Its sole cost and expense, a place of performance
on the date(s)and at the times(s)stated herein, lighted, heated,ventilated,cleaned,and free from distracting noises. The
PRESENTER further agrees to furnish adequate dressing rooms for the artists use,as well as a secure place,capable of
being locked,for the storage of props, equipment and the personal belongings of the artists. The PRESENTER shall also
provide 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.
2.ARTIST'S UNDERTAKINGS: The ARTIST agrees to furnish the artist,costumes and all necessary props,for the
performances listed herein, and everything necessary to the performance contemplated by this contract, unless otherwise
provided by this contract, and to give said performance(s)In a proper and creditable manner. The ARTIST further agrees to
set up and dismantle the props supplied by it,to furnish its own music when needed,provide the legal permit of the author
for said performance(s)when needed,and pay any author's fees and remuneration if the same be required.
3.TAXES. Any taxes imposed on gross theatrical receipts by the federal government or by the tax authorities of any state o
municipality shall be the sole responsibility of the PRESENTER.
4. INSURANCE: PRESENTER warrants that it has both personal Injury and property damage liability Insurance on the
premises at which the performance shall be given.
5.SANITARY WORKING CONDITIONS: The PRESENTER agrees to comply with all applicable laws and ordinances
pertaining to the maintenance of safe and sanitary working conditions for the performer(s).
6. OBSERVANCE OF LAW: The PRESENTER agrees to conform to all federal,state and local laws,orders,regulations
applicable to the performances to be given under this contract
7.JURISDICTION AND CHOICE OF LAW: It is expressly understood that this agreement arose and was entered into in the
state of Michigan, U.S.A.,notwithstanding the actual status of any individual at the time of signing. It is further understood
that this agreement shall be governed by and construed in accordance with Michigan Law and by the signing of this
agreement the parties recognize the full jurisdiction of Michigan courts relative to any dispute arising out of this agreement.
8. FORCE MAJEURE: If either party is prevented from performing the obligations created because of illness,act of God
(defined as fire,flood,accident,riot, order of any authority or any other calamity),or if by reason of strikes and civil actions.
lockouts or any other cause beyond the control of either of the parties, neither party shall be liable for the balance of the
contract.
9. RIDER: The rider noted on page 1 of this agreement is made a part of this contract.
ARTIST INFORMATION Jeffery Broussard
Management Record Company Road Manager Publicity
Flat Town Music Company
Saanen Kerson Kris Fontenot Saanen Kerson Saanen Kerson
707-799-2399 337-363-2177 707-799-2399 707-799-2399
saanenkerson@hotmad.com saanenkerson@hotmad.com saanenkerson@hotmail.com
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Jeffery Broussard & The Creole Cowboys
Rider
Technical
Sound Instructions and Monitor Mixes:
Please work closely with Jeffery during the sound check. He will explain how to build the sound he's
looking for. Here are some general instructions on how to start the house sound and monitor mixes that
will,undoubtedly, need some adjustment for your venue, but they give a good baseline from which to
start.
The Band will travel with all instruments(except drum kit and keyboard)and cables for their
instruments The drummer will bring sticks and snare drum. Jeffery will make up to four instrument
changes during a show.His preference is to check all instruments during sound check, leave them all
plugged in, and have all but the one he's playing muted on the board.
Zydeco is accordion music. Jeffery's accordion should always be out front in the house.
Build the sound from the bottom up—starting with the kick drum,then adding accordion,then the rest
of the instruments and vocals.
Jeffery's Monitor: Keyboard Vocal Accordion
Accordion Vocal Guitar Vocal Kick Drum
Accordion Keyboard
Kick Drum
Bass Vocal Bass Player's Monitor: Scrubboard Player's
Drum Vocal Bass Vocal Monitor:
Guitar Vocal Accordion Vocal A little of everything
Keyboard Vocal Guitar Vocal except Scrubboard
Guitar Drum Vocal
Keyboard Keyboard Vocal
(In this mix the Accordion& Accordion
Accordion Vocal needs to be Kick Drum
on top of all others) Guitar
Keyboard
Drummer's Monitor:
Kick Drum Guitarist's Monitor:
Drum Vocal Guitar Vocal
Accordion Vocal Accordion Vocal
Accordion Bass Vocal
Bass Guitar Drum Vocal
Bass Vocal Keyboard Vocal
Keyboard Bass Guitar
General and Hospitality
Dressing Room(s):
Presenter will provide a private, clean dressing room(with or near private restroom facilities), secure
from audience and/or staff. If possible,when there are multiple dressing rooms available,Artist would
prefer to use them.Please arrange to have the dressing room(s) locked or guarded during the
performance, as we must hold the promoter responsible for the security of valuables left therein.
Provide chilled bottled water and a mix of sodas (regular and diet) and hot coffee with sugar, Splenda,
and half& half in dressing room(s).
Some snacks would be nice,too, i.e.chips,pretzels, granola bars,nuts,cheese&crackers.
In addition it would be especially helpful if the dressing room had:
• Comfortable chairs
• An iron and ironing board
• Towels and soap
• A mirror
Food/Beverage:
Presenter will provide either a catered dinner or a meal buyout for up to seven(7)people between sound
check and show time.
• Artist's preference is for the presenter to provide a hot meal in a dining area near dressing rooms(or
in dressing rooms if large enough). Our goal is to have a convenient meal for the artists that will not
require them to leave the venue between the sound check and the performance. Be sure to have
assorted soft drinks (regular and diet) and cold water bottles.All meats are acceptable. Some version
of meat in a sauce and rice is always a good choice,BBQ, chicken, catfish, stew and rice are also
good choices, along with dessert.A bottle of Tabasco is always welcome and appreciated at
mealtime!
• If the above is not possible,please provide the following:Vegetable tray,cheese and cracker tray,
assorted sandwiches, fruit, and dessert for seven (7)people.
• If the above is not possible,then the Presenter may choose an alternative option: a food buyout for
seven people at$20/person,payable to Jeffery Broussard in cash one hour prior to performance.
Sound and Light Checks:
Artist prefers to arrive no less than two (2)hours prior to show time.Please plan to begin sound and
light checks at least 90 minutes before show time. Artist's sound check is especially lengthy and will
take a minimum of 30 minutes to an hour, so crews should make time allowances for set-up and be
ready at least 90 minutes prior as well,to allow for desired house opening time. General information
regarding monitor mixes is included earlier in this document.
During/after sound check,please have a technician available to adjust lighting.The Band puts on an
energetic show and certain lighting arrangements can cause them to be extremely hot.
Please don't let any audience members into the venue before all checks are completed—check with
Jeffery to make sure all checks have been completed to his satisfaction before allowing audience
members into the venue.
Travel:
If you are meeting The Band at the airport please make sure we have the name and cell phone of the
person meeting him in case of delays. Unless other arrangements are made, The Band will look for you
in the baggage claim area. The Band travels with their personal luggage, plus many instrument cases.
They will need to be picked up in a minivan or full-sized van, in order to accommodate all members of
the band,their luggage,and instruments.
If The Band is departing by air,please arrange for them to be back at the airport at least 90 minutes
before their scheduled departure time.
If The Band is driving to the venue,please make sure we have written directions with a map to both the
hotel and venue (no MapQuest please as it is often not accurate).Please provide parking adjacent to the
load in/out area the venue sufficient for a full-sized van with equipment trailer.
Accommodations: `-�4i-K (3
If specified in contract, Presenter agrees to provide four-(Aj rooms at a quality hotel near the venue: one
non-smoking King or Queen room, three smoking rooms each with two Double/Queen beds. Please
provide the artists with the hotel address,phone number, and confirmation numbers at your earliest
convenience.
Tickets:
Presenter agrees to make available ten(10)complimentary tickets to the Artist's invited guests. If Artist
does not plan to use tickets,Presenter may sell the tickets on the day of the show, after confirming with
the Artist.
Opening Acts:
All opening acts must be approved by the Agency and/or Artist in advance. Once approved,opener's set
will be limited to 30 minutes or less, after which the Artist will immediately come on stage for their first
set. Opener must work around the Artist's stage setup so there is no additional setup required after the
opener leaves the stage.
Payment:
Per terms of the contract, all payments (performance fee & any contracted travel costs)will be made at
the conclusion of the contracted engagement unless previously arranged in writing. If any portion of
payment is based upon a percentage of gate receipts,Artist will be given a written breakdown of the gate
receipts and expenses at the time of payment.
Promotion/Media:
Please use only those promotional materials sent you by Agency/Artist. Let us know what you need and
we'll be happy to furnish it. Artist is happy to help out your promotional efforts with radio, television,
newspaper and telephone interviews along the way as the schedule allows. Contact Saanen Kerson
(phone: 707.799.2399 or email: saanenkerson@hotmail.com)to arrange such interviews. Arrange all
media interviews, etc. at least two weeks in advance of engagement. Please,no last-minute scheduling. '
Additional Requirements:
• Presenter shall provide a table and sales personnel for CD sales(generally in lobby).
• If the performance is outdoors,please ensure that the stage has a roof or tent to protect the
performers from the elements.
• If any after-concert reception is planned,be sure Artist knows of this well in advance and please
don't have any such festivities where Artist is being housed.
• Recording/photographs not permitted by audience or venue unless approved in advance by Agency
and/or Artist. We generally like to get copies of any radio or video tapes or photographic contact
sheets.
• Some members of The Band smoke. Please show them where a designated smoking area is and how
to exit/enter the building to access the area, if needed.
+ Please provide clean face/hand towels and cold water bottles onstage.
Agreed to and accepted by:
Aut onze ignature Date
Printed Name