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HomeMy WebLinkAboutCAG2011-0642 - Original - Riders in the Sky - Spotlight Series: Musical Performance - 05/19/2011 a� 11Z4Records M5 emery KENT Document V\'ASHINGTON 4 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: t Vendor Number: JD Edwards Number l �O Contract Number: r �I ( — (�b This is assigned by City Clerk's Office Project Name: 2billbil, Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: //ll Contract Effective Date: 11 Termination Date: V Contract Renewal Notice (Days): _ Number of days required notice for termination or re all or amendment Contract Manager. Department: Detail: (i.e. address, location, parcel number, tax id, etc.): S:Pu blic\RecordsManage ment\Forms\contractcover\adcc7832 1 11108 KENT w A 5 H I"G'D" CONTRACTOR SERVICES AGREEMENT between the City of Kent and Riders in The Sky, c/o New Frontier Touring THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Riders in The Sky, c/o New Frontier Touring located and doing business at 1503 17th Avenue South, Nashville,TN 37212, 615-321-6152 (hereinafter the"Contractor") I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City- Description: Riders in The Sky (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, October 14, 2011 Event Location: Kentwood High School Performing Arts Center, 25800 1641h Ave SE, Covington, WA 98042 Merchandising: Contractor shall have the sole and exclusive right, but not obligation, to sell souvenir posters, programs, CDs, DVDs 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 Lodging: City will provide five (5) non-smoking hotel room on the night of Friday, October 14, 2011 Meal(s): City will provide a meal and refreshments as specified in the attached rider Billing: "Riders in The Sky " 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 October 14, 2011, 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$9,000.00 for the work to be performed under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement A 25% deposit of $2,250 00 will be paid, by City of Kent check, to New Frontier Touring upon complete execution of contract The balance of$6,750 00 will be paid, by City of Kent check, to Riders in The Sky 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 CONTRACTOR SERVICES AGREEMENT- 1 (Under$10,000—Sole Performer) 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 Kentwood 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 nder 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 B 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 VIII. 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 CONTRACTOR SERVICES AGREEMENT-2 (Under$10,000—Sole Performer) 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 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 CONTRACTOR SERVICES AGREEMENT-3 (Under$10,000-Sole Performer) IN WITNESS,the parties below execute this Agreement,which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By By. _ Ifti natu (sag ature Print Name Print Name Lori Ho an Its Its Superintend- Recreatio a ultural Services ht e ht/ )) d DATE 6 DATE cS`C J NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: t Ronda Billerbeck, Cultural Programs Manager NOW City of Kent e 220 Fourth Avenue South 2 l Kent,WA 98032 L S2—(#elephone) (facsimile) (253) 856-5050 (telephone) (253) 856-6050 (facsimile) p^.ONNFORNSICONTftACTV4rINelCaMlacbFINAL51Consullan[SeMceWAleemmNNubConVatl PerlamarSmaAtlx ���� " � � I � �I 1 y CONTRACTOR SERVICES AGREEMENT-4 (Under$10,000—Sole Performer) EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS No Insurance is required for this Contract CONTRACTOR SERVICES AGREEMENT-5 (Under$10,000—Sole Performer) 1503 17th Avenue South NEW FRTNTIER Phone: 615-321-6152 Nashville IN 37212 t o u R I N a Fax: 615-783-0973 CONTRACT# 96413 Agreement made this date, Wednesday,December 1,2010 by and between Riders In The Sky,LLC(herinafter referred to as Artist)and City of Kent (hennafter referred to as Purchaser) It is understood and mutually agreed that the Puchaser engages the Artist to perform the following engagement upon all the terms and conditions hereinafter set forth ARTIST(S): Riders In The Sky 100%HEADLINE VENUE: Kentwood High School Performing 25800 164th Avenue,SCovington WA 9$042 pWiis6CO ER56-5050 Fax Productio Ronda Billerbeck Pho 253-856-5050 DATE(S): Fri. October 14,2011 n ne Artist to perform two(2)sets approx 45 min in length,with 20 min intermission TICKETS: Quantity Grs Price Cmp/Kls Deduct Net Price Discrptn No Days/Shws 1/ 1 470 @ $30 00 $30 00 GA Load In TBD @ $28 00 $28 00 Seniors Snd Click TBD @ $20 00 $20 00 Youth Doors Open TBD Showtime(s) 730 PM GP $14,100 00 Capacities Merchandising Onstage 7 30 PM Tax Per Show 470 Artistsell 85115% Ages Net $14,100 00 Total tkts 470 Build sell 80i20% Curfew TERMS: $9,000.00Flat Guarantee PLUS five(5)single non-smoking hotel rooms PLUS Purchaser agrees to provide and pay for S&L and monitors to meet with Artist's specifications and approval ADDITIONAL PROVISIONS: Purchaser shall provide and pay for,as per Artist's specifications and approval,at no cost to Artist any and all rider requirements Radius Clause No King, Pierce or Snohomish Counties for 90 days before and after unless agreed upon OTHER ACT(S • one PAYMEN : $2,250 00 US deposit to New Frontier Touring payable by cashier or company check only d January 7,2011 Signed contracts d ridcW-@AbyDecember 15,2010 '-____Tbel�alanctfof the guarantee shall be paid to Artist or Artist's representative immediately after the performance wa daSh,cexllfisd/cashrer's check company check All overage monies are due Artist immediately following the performance herein via cash or certified/cashier's checks only CONTRACT# 96413 Artist's cenlfte cadl shTeTs-chec s shquId be made payable to Riders In The Sky,LLC C � �zJUV ft is expressly understood by the Purchaser(s)and the Artist who are party to this contract that neither nor Its officers nor Its employees are parties to this contract in any capacity and that neither nor its officers nor its employees are liable for the performance breach of any provisions contained herein This contract she not be binding unless signed by all parties hereto Should any Rider,Addendum and/or Expense sheet be annexed to this Agreement it/they shall also constitute a part of this agreement and shall be signed by all parties to this contract IN WITNESS WHEREOF,the parties have executed this Agreement on the date first above written Riders In The Sky, LLC City of Kent / Riders In The Sky, LLC Fed ID# 2-1 1 851 72 Ronda Bil�ler ck X X at di New Frontier Touring- 1503 17th Aven So th 22d 4th Ave S Nashville,TN 37212 Kent,WA 98032 615-321-6152 Fax 615-783-0973 253-856-5050 Fax- 253-856-6050 CONTACT- Ronda Billerbeck 253-856-5050 150317th Avenue South Phone: 615-321-6152 Nashville TN' 37212 NEW FE91 T R Fax: 615-783-0973 'r O u R I N G Exhibit A Additional Terms and Conditions for Non-AFM Members Riders In The Sky Showdate(s)- 10/14/11 Page: 1 The parties hereto hereby acknowledge that the following additional terms and conditions are incorporated in and make a part of the Agreement between the parties hereto. 1. Reproduction of Performance Provision PURCHASER shall not itself nor shall it perrmt others to record,broadcast,televise,photograph or otherwise reproduce the visual and/or audio performances hereunder,or any part thereof. 2 Merchandising Provision ARTIST shall have the exclusive right to sell souvenir programs,photographs,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,on the premises of the place(s)of performance without any participation in the proceeds by PURCHASER subject however to concessionaire's requirements,if any 3. Right to Likeness Provision ARTIST'S name or likeness may not be used as an endorsement of any product or service nor in connection with any commercial tie-up without ARTIST'S prior written consent 4 Termination Clause In the event PURCHASER refuses or neglects to provide any of the items or to perform any of its obligations herein stated,and/or fails to make any of the payments as provided herein,ARTIST shall have the right to refuse to perform this contract,shall retain any amounts theretofore paid to ARTIST by PURCHASER,and PURCHASER shall remain liable to ARTIST for the agreed price herein set forth In addition,if,on or before the date of any scheduled performance, PURCHASER has failed,neglected,or refused to perform any contract with any other performer for any other engagement,or if the financial standing or credit of PURCHASER fails or refuses to make such payment forthwith, ARTIST shall have the right to cancel this engagement by notice to PURCHASER to that effect,and to retain any amounts theretofore paid to ARTIST by PURCHASER and PURCHASER shall remain liable to ARTIST for the agreed price herein set forth 5 Sickness or Accident Provision In the event of sickness or of accident to ARTIST,or if a performance is prevented,rendered impossible or infeasible by any act or regulation of any public authority or bureau,civil tumult, strike,epidemic,interruption or delay of transportation services,war conditions,or emergencies or any other similar or dissimilar cause beyond the control of PURCHASER it is understood and agreed that there shall be no claim for damages by PURCHASER and ARTIST'S obligations as to such performances shall be deemed waived In the event of such non-performance for any of the reasons stated in this paragraph,if ARTIST is ready,willing and able to perform,PURCHASER shall pay the full compensation hereunder,otherwise,the monies(if any)advanced to ARTIST hereunder,shall be returned on a pro-rata basis 6. Controlling Authority Provision ARTIST shall have the sole and exclusive control over the production,presentation and performance of the engagement hereunder including but not limited to the details,means and methods of the performances of the performing artists hereunder,and ARTIST shall have the sole right or may see fit to designate and change at any time the performing personnel Provided ARTIST is ready,willing and able to perform at stated date and time,ARTIST'S obligations hereunder are subject to detention or prevention by sickness,inability to perform, accident,means of transportation,Acts of God,nots,strikes,labor difficulties,epidemics,any act or order of any public authority or any other cause,similar or dissimilar beyond ARTIST'S control 7. Weather Provision Inclement weather rendering performance impossible,infeasible or unsafe shall not be deemed a force maleure event and payment of the agreed upon compensation shall be made notwithstanding If PURCHASER and ARTIST disagree as to whether rendition of performance(s)is impossible,not feasible or unsafe because of inclement weather,ARTIST'S determination as to performance shall prevail 150317th Avenue South - Phone: 615-321-6152 Nashville TN 37212 N E-w FF, N PIER Fax: 615-783-0973 T O u R I N O Exhibit A Additional Terms and Conditions for Non-AFM Members Riders In The Sky Showdate(s)- 10/14/11 Page.2 8 Cancellation Clause Unless stipulated to the contrary in writing,PURCHASER agrees that ARTIST may cancel the engagement hereunder without liability by giving the PURCHASER notice thereof at least thirty(30)days prior to the commencement date of the engagement hereunder ARTIST shall also have the right to terminate tlus agreement without liability in the event PURCHASER fails to sign and return this Contract within 10 days 9 Independent Contractor Clause It is agreed that PURCHASER signs this contract as an independent contractor and not as an employee This contract shall not,in any way be construed so as to create a partnership,or any kind of joint undertaking or venture between the parties hereto,nor make ARTIST 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 10 Authority for Inconsistencies Provision In the event of any inconsistency between the provisions of this contract and the provisions of any riders,addenda, exhibits or any other attachments hereto,the parties agree that the provisions most favorable to ARTIST shall control 11. Indemnification Clause PURCHASER hereby indemnifies and holds ARTIST,as well as their respective agents,representatives,principals, employees,officers and directors,harmless from and against any loss,damage or expense,including reasonable attorney's fees,incurred or suffered by or threatened against ARTIST or any of the foregoing in connection with or as a result of any claim for personal injury or property damage or otherwise brought by or on behalf of any third party person,firm or corporation as a result of or in connection with the engagement,which claim does not result from the active and willful negligence of the ARTIST. 12 Dispute Resolution Provision Any claim or dispute arising out of or relating to this Agreement or the breach thereof shall be settled by arbitration in the State of Tennessee in accordance with the rules and regulations then obtaining of the American Arbitration Association governing panels The parties hereto agree to be bound by the award of such arbitration and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof 13 Conflict of Laws Provision Nothing in this agreement shall require the commission of any act contrary to law or to any rules or regulations of any umon,guild or similar body having jurisdiction over the services and personnel to be furnished by the PURCHASER to ARTIST hereunder If there is any conflict between any provision of this Agreement and any law,rule or regulation,such law,rule or regulation shall prevail and tlus Agreement shall be curtailed,modified,limited only to the extent necessary to eliminate such conflict ARTIST agrees to comply with hall 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 14 Escrow Provisions (Escrow Agent) acts herein only as the Escrow Agent for Producer and is not responsible for any act of commission or omission on the part or either PURCHASER or ARTIST In furtherance thereof and for the benefit of(Escrow Agent),it is agreed that neither ARTIST or PURCHASER will name or join(Escrow Agent)as a party in any civil action or suit arising out of,in connection with,or related to any act(s)of commission or omission of PURCHASER or ARTIST and the PURCHASER and ARTIST jointly and severally agree to hold the(Escrow Agent)harmless from and against any and all expenses,costs,actions,claims,or liabilities(including reasonable attorney's fees)which may anse in connection with the Escrow Agent's performance of its duties hereunder,except for the willful misconduct or gross negligence of the Escrow Agent The Escrow Agent may act or refrain from acting in respect of any matter arising in connection with the Escrow Fund,shall have no duties or obligations other than as stated herein and shall be protected in acting upon any notice,certificate,or other communication,not only as to the due execution and the validity and effectiveness of its provision,but also as to the truth and acceptability of any information therein contained,which it shall in good faith believe to be valid and to have been signed or presented by a proper person or persons The Escrow Agent shall not be bound by any notice,or demand with respect thereto,or any waiver,modification,amendment,termination,or rescission of this contract unless 1503 17th Avenue South Phone: 615-321-6152 Nashville TN 37212 NEW F.f�0--N-I-IER Fax: 615-783-0973 T O u R 1 N O Exhibit A Additional Terms and Conditions for Non-AFM Members Riders In The Sky Showdate(s) 10/14/11 Page 3 in writing delivered to the Escrow Agent,and if the duties of the Escrow Agent are affected,unless it shall have given its prior written consent thereto If at any time there shall be a controversy between PURCHASER and ARTIST with respect to the Escrow Fund,the Escrow Agent may upon notice to PURCHASER or ARTIST either(i)hold the Escrow Fund until otherwise directed by a written instrument signed by PURCHASER and ARTIST or by an order,decree or judgment by a court of competent jurisdiction which,by lapse of time or otherwise,shall no longer be or shall not be subject to appeal or review or(it)deposit the Escrow Fund in any court of competent jurisdiction pending the final detertmnation of any dispute among the parties hereto Upon delivery of the Escrow Fund in accordance herewith,the obligations of the Escrow Agent shall cease with respect thereto and it shall not be required to perform any further acts whatsoever pursuant to this contract 15. Assignment/Transfer Provision This contract(a)cannot be assigned or transferred without the written consent of PURCHASER, (b)contains the sole and complete understanding of the parties hereto and(c)may not be amended, supplemented,vaned or discharged,except by an instrument in writing signed by both parties The validity,construction and effect of this contract shall be governed by the laws of the State of Tennessee,regardless of the place or performance THE PERSON EXECUTING THIS AGREEMENT ON PURCHASER'S BEHALF WARRANTS HIS/HER AUTHORITY TO DO SO,AND SUCH PERSON HEREBY PERSONALLY ASSUMES LIABILITY FOR THE PAYMENT OF SAID PRICE IN FULL The terms "PURCHASER"and"ARTIST" as used herein shall include and apply to the singular,the plural and to all genders Riders In The Sky,LLC City of Kent Riders In The Sky,LLC Ronda Billerbeck \ i 1 S i �E Slf), THE BEST IN WESTERN MUSIC Technical Rider (AS OF 412012011) America's Favorite Cowboys Themselves Ranger Doug: Guitar & Vocals Too Slim: Bunkhouse Bass & Vocals Woody Paul. Fiddle & Vocals Joey the Cowpolka King: Accordion & Vocals MANAGEMENT / PUBLICITY BOOKING AGENCY New Frontier Management New Frontier Touring 1503 17th Avenue South 1503 17th Avenue South Nashville, TN 37212 Nashville, TN 37212 Ph 615-321-6152, Fax 615-783-0974 Ph 615-321-6152, Fax 615-783-0974 Email kyle(o)ridersinthesky com Email. Pau llohrna.newfrontiertouring com Contact Kyle McCormick/ Ranch Hand Contact Paul Lohr/Trail Boss TOUR ADVANCING/ SOCIAL NETWORKING New Frontier Management 1503 17th Avenue South Nashville, TN 37212 Ph, 615-414-1278, Fax 615-783-0974 Email touradvancing(d.)ridersrnthesky com Contact "Campfire Bert" Updated 4/20/2011 Page 1 Riders IN The Sky Technical Rider (AS OF July 21, 2010) This rider is hereby attached to and made part of the contract dated between RI�THE SKY (hereinafter referred to as ARTIST) and (herei after referred to as PURCHASER) in connection with the following show date: P4 it PURCHASER agrees to supply at his sole cost andlor adhere t6 the following requirements of ARTIST: 1. BILLING: A. RIDERS IN THE SKY shall receive 100% top or equal star billing in any and all publicity releases and paid advertisements, including but not limited to radio and TV spots, programs, flyers, signs, lobby boards and marquees No other name or photograph shall appear in larger type accorded RIDERS IN THE SKY. The official photograph to be used in all publications is the photograph which will be sent to you by ARTIST or ARTIST'S authorized representative The billing shall read: RIDERS IN THE SKY ---- 100% B. PURCHASER agrees that the appearance of any act(s) on the same bill as RIDERS IN THE SKY will be subject to ARTIST'S approval When other acts appear, there must be adequate time to rearrange stage between acts C. PURCHASER further agrees that ARTIST has sole and exclusive control over the products presentation, content and performance of ARTIST'S portion of the show. 2 PUBLICITY and ADVERTISING A PURCHASER agrees to use only current publicity material provided by ARTIST and/or representative and further agrees that all advertising and publicity is subject to ARTIST'S approval, prior to the release of said publicity. All current promotional photographs, biographical information, and press materials can be downloaded directly from ARTIST'S online press kit, contact Gabriel Miller at 615-783-0973 for access code information. See page nine (9) re- supplementary promotional activities. B PURCHASER will not permit the recording or broadcast, oral and/or visual, of any performance without the prior, written consent of ARTIST or ARTIST'S authorized representative C. PURCHASER will not permit RIDERS IN THE SKY's name to be used or associated directly or indirectly with any product or service without the prior, written consent of ARTIST or ARTIST'S authorized representative. Updated July 21,2010 Page 2 D. ARTIST and/or ARTIST'S management must confirm all radio, television and newspaper or magazine interviews made in conjunction with this performance. E. As a courtesy, please forward to New Frontier Management clippings of reviews, publicity, advertising, copies of posters, fliers, etc 3. CONCESSIONS: A. PURCHASER agrees that ARTIST and/or its representatives shall have the sole and exclusive right (though not the obligation) to the s le of RIDERS THE SKY products a to ARTIST 2 a` o B. PURCHASER agrees to provide two (2) house sellers, if needed, and three (3) eight foot tables with adequate space to vend RIDERS IN THE SKY products and order forms for products. APPROPRIATE security personnel, upon decision of RIDERS IN THE SKY to sign autographs, shall be provided by PURCHASER at no cost to ARTIST 4. DRESSING ROOM and HOSPITALITY- A. PURCHASER agrees to provide at least one (1) clean dressing room for ARTIST'S use, and will keep that area reserved solely for ARTIST and authorized personnel. B. PURCHASER shall guarantee appropriate security personnel for stage and dressing room protection of ARTISTS' personal instruments and personal property one (1) hour prior to performance and until load out is completed. C. If PURCHASER is providing hotel accommodations, please book five (5) non-smoking, single occupancy rooms at a clean quality hotel or motel. Please register rooms and guarantee for a late arrival Keep in mind ARTIST travels in a 35' bus and will need a parking space D. CATERING- 1. One (1) dressing room should be provided with fresh vegetables, cold cuts, cheese and bread for sandwiches, assorted non-alcoholic beverages, such as bottled spring water, DIET sodas, coffee and hot tea upon arrival One quart of half& half would also be appreciated 2. A total of five (5) nutritious, hot meals should be provided following sound check but prior to performance This should consist of five (5) high-protein diet hot meals of meat and fresh vegetables DIET sodas, coffee, hot tea and half& half should also be available for dinner. 3. Where appropriate, ARTIST would also appreciate one (1) six-pack o imported,�i -the dressing room area acuoo It leak r>p YYN tkc� i�a Updated July 21,2010 Page 3 5. TICKETS: A. PURCHASER agrees to provide ARTIST with twelve (12) complimentary tickets to each performance. With respect to engagements involving a "cover charge" the PURCHASER agrees to provide ARTIST with thirty (30) "cover charges" for each week (or portion thereof) of engagement B. Admission for the engagement where under must not be restricted to race, religion, color, creed or elements thereof 6. TECHNICAL REQUIREMENTS- A. ARTIST typically loads into the venue three (3) hours prior to show time. PURCHASER should provide two (2) stagehands for ARTIST'S equipment three (3) hours prior to the start of the show for take-in and set-up Stagehands are also required for striking and loading after the show. Stage hands should be available for 1-hour after the performance, and communicate with the ARTIST road manager regarding merchandise load- out from the lobby B. In the event that the ARTIST elects to or is forced to utilize air travel to and from this performance, PURCHASER will provide one (1) upright bass at no cost to the ARTIST The bass should be either 314 or full size, with steel strings A pickup on the bridge is preferred Bow is not required. C. ARTIST requires the sound and lighting system, including monitor, microphones, necessary hotlines for amplifiers, be set and operable three (3) hours prior to the start of the show and that sound pressure levels will be checked at that time. D. SOUND EQUIPMENT: 1. ARTIST requires a professional quality sound system consisting of eight (8) microphones Four (4) of these microphones shall be for vocals, with the remainder for instrument mic-ing All instruments are acoustic No direct boxes are needed NO SUBSTITUTION OF MICROPHONES WILL BE PERMITTED Microphone requirements are as follows Four (4) Vocal Mics Shure SM-58 for ALL for vocals Four (4) Instrument Mies: Shure SM-58 for the accordion Shure SM-58 for the fiddle Shure SM-57 for the guitar Shure SM-57 for the bass Eight (8) boom stands in perfect working order also are required Updated July 21,2010 Page 4 2. RIDERS IN THE SKY require ONE (1) monitor downstage, center. Any additional monitor wedges onstage need to be removed before sound check The monitor system should be "state of the art" quality. The monitor mix should be independent from the front of house mix. Monitor mix shall have at least an octave equalizer. 3. PURCHASER agrees to provide all sound technicians. However ARTIST or authorized representative reserve the right to have complete control over the sound mixing and shall have the right to add special effects to each particular system 4. PURCHASER agrees to provide a suitable area in front of the stage for the positioning of a mixing console This area should be located between 50 and 100 feet directly in front of the stage. E. LIGHTING SYSTEM: 1. Lights are necessary for any indoor performance and/or any outdoor performance after sunset. PURCHASER shall also provide all lighting technicians Please keep in mind that ARTIST wear large hats, which might cause shadowing on their faces. 2. ARTIST requires a minimum of two (2) stage trees or one (1) cross stage truss Stage flood should be 1000 pars or equivalent 3. ARTIST requires two (2) super troopers (or equivalent) spotlights At least four (4) direct "Specials" shall be available 4. Primary colors required for stage wash, red, blue, magenta, yellow, purple, etc F. PROJECTION SYSTEM- If venue has either front or rear screen projection capabilities, ARTIST would appreciate use of the projector and screen Video source is from DVD, which ARTIST will supply Stereo audio line inputs should be available to front of house (from DVD player) ARTIST carries a portable DVD player if needed. Video source will be tested and cued during sound check. G. STAGE, 1. In case of an outdoor event, stage must be covered or adequate stage cover is to be provided, at PURCHASER'S expense, for protection from rain/sun 2. While this is optional, PURCHASER is urged to create appropriate set dressings for ARTIST'S performance Suggested stage props. fence posts, wagon wheels, sunset backdrop, barrels, chuckwagon, saguaro cactus, etc RIDERS IN THE SKY will of course bring their famous wooden cactus, electric campfire, stuffed armadillos and hanging backdrop. Please see attached stage plot. Updated July 21,2010 Page 5 7. PAYMENT. A. All payments to ARTIST shall be made in US currency or certified funds, unless otherwise stated on face of the contract ARTIST payments shall be made payable to Riders In The Sky, LLC. Deposits shall be made payable to New Frontier Touring Deposit Account. B. In case payment or any part hereof of the engagement where under is based on a percentage of gross admission receipts, then such gross admissions receipts should be computed on the actual full admission price provided on each ticket Furthermore, in case payment being based on percentages as set forth above, no more than ten (10) complimentary tickets shall be offered or given away and no people will be allowed in free, without ARTIST'S prior written consent, authorized by PURCHASER C. In case of payment being based in whole or in part on a percentage of gross receipts as set forth in this rider, ARTIST'S road manager or authorized representative shall be allowed to inspect ticket sales and otherwise determine gross receipts at each performance PURCHASER shall, at ARTIST'S request, provide ARTIST with manifest of tickets sold and gross receipts there from at the conclusion of any performance or at the end of the engagement D. PURCHASER agrees to have on hand an ARTIST representative at the place of performance on the night of the show for counting verification of all unsold tickets ARTIST shall be compensated for all seats as shown by manifest for which there is not an unsold ticket on hand, minus approved complimentary tickets Unless all unsold tickets are shown to ARTIST'S representative, it shall be the highest price that seat could have been sold for. 8. SPECIAL CONSIDERATIONS: A. Festival schedules with actual performance times should be sent to New Frontier Management as soon as they are available, but no later than thirty (30) days prior to performance This information is vital to ARTIST'S itinerary B. ARTIST travels in a 35' bus Please provide adequate parking space and, wherever possible, shore power. C. ARTIST'S obligations herein are subject to detention or prevention by sickness, inability to perform, accidents, means of transportation, acts of God, riots, strikes, labor difficulties, epidemics, any act or order of public authority, or any other cause similar or dissimilar beyond ARTIST'S control. If there is a non-performance for any of these aforementioned reasons, both parties will make every reasonable effort to reschedule the performance upon the same terms and conditions of this agreement within 12 months of the originally scheduled date of performance Updated July 21,2010 Page 6 a D.' If before the date for any scheduled performance it is found the PURCHASER has not performed fully his/her obligations under any agreement with any party for another engagement or that the financial credit of the PURCHASER has been impaired, ARTIST may cancel this agreement. In the event that PURCHASER does not perform fully all of his/her obligations herein, ARTIST shall have the option to perform or refuse to perform where under and in either event PURCHASER shall be liable to ARTIST for damages In addition to the compensation provided herein. E. PURCHASER agrees that ARTIST may either cancel or postpone the engagement where under, at ARTIST'S sole discretion, without any liability whatsoever, by giving the PURCHASER written notice thereof at least sixty (60) days prior to the commencement date of the engagement where under if ARTIST shall be called upon to render services in connection with theatrical, motion picture(s), television, or a legitimate stage play, the preparation, rehearsal or actual date(s) of which conflicts in whole or in part with the engagement where under F. In the event of a snowstorm or other severe weather on the day of performance, PURCHASER agrees to pay ARTIST the full amount provided for in this contract, provided that the ARTIST is present at the venue and ready to perform In the event a state of emergency has been declared by the Mayor, Governor or other civil authority which prevents the ARTIST'S travel to the performance site, the performance will be cancelled, neither PURCHASER nor ARTIST shall be liable to the other party, and both parties shall use their best efforts to reschedule the performance within twelve (12) months of the original performance date, under the same terms G. PURCHASER shall not have the right to assign this agreement or any provision thereof Nothing herein contained shall ever be construed as to constitute the parties hereto as partnership or joint venture, or that ARTIST shall be 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 The person executing this agreement on PURCHASER'S behalf warrants his authority to do so. H. This agreement may not be changed, modified or altered except by an instrument in writing signed by the parties This agreement shall be construed in accordance with the laws of the state of Tennessee Nothing in this agreement shall require the commission of any act contrary to any law or to any 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 conflicts Updated July 21,2010 Page 7 9. Please use the following as ARTIST'S stage introduction. ARTIST will provide you with the particular number of their appearance on day of the show. LADIES AND GENTLEMEN.... BOYS AND GIRLS.... BUCKAROOS AND BUCKARETTES.... HERE THEY ARE. FOR THE APPEARANCE OF THEIR CAREER.... MULTI-GRAMMYA WARD WINNING .. AND AMERICA'S FAVORITE COWBOYS.... RIDERS IN THE SKYl111 ATTENTION PURCHASER- This rider Is intended to enable the artist to give'the best possible performance to your audience We realize that venues and show sites vary greatly, and if you have difficulty meeting any requirements listed within this rider, please contact Gabriel Miller I New Frontier Management (contact information on page one of this contract). AGREED TO AND ACCEPTED BY: P LrL&4� 'l/� 0)/o F PURCHASER DATE t�� LLL t- - ARTIST DATE NOTE: Local AF of M should be advised that all billing for local work dues should be directed to: American Federation of Musicians-c/o Paramount Bldg.,Wo-1so1 Broadway-New York,NY 10036 Updated July 21,2010 Page 8 Y O W L cc O Co Q © W _ Q 0 Q LJLpol co •�`i 0 Z • ca d v5 co: aE Ca 0 0 w m .� Esc h O Q O .06 9 L O L) ogu�i N m e a H O o � � M e r E N p .� Ncm s cT� c6 ro > E O O o w Q N Dcn o o � U , C U c 2E vi O O �y 4 Cc 0 ' ` Li N -2 C cu 4-1 x" Cl N F (15 �� • E > VS Y E L? co CD U U E c D C N ? ° Ql x w t tm ",;lk cc x O to UU E o c c a aFt4s CL to a c~n U ° p L) ,A • O N 0 C CD z F— W co 2 � rt-� d� � wX Cc . , N C/) Q C'! ZW � Ir _jQ