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HomeMy WebLinkAboutCAG2011-0644 - Original - Ryan Shupe & the Rubberband - 2011 Summer Concert Series - 04/28/2011 Records M n e-merg KENT Document WASHIN GTON 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: uLtX111�,tR.M C VtXt� C��YU/Y� �fbrTiOCV�xl� on Vendor Number: JD Edwards Number . Contract Number: This is assigned by City Clerks Office Project Name: �m any Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: �( I Contract Effective Date: �" l� Termination Date: Z I Contract Renewal Notice (Days): Number of days required notice for termination or renew or amendment Contract Manager: Department: Detail: (i.e. address, location, parcel number, tax id, etc.): S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT WASHINGTON CONTRACTOR SERVICES AGREEMENT between the City of Kent and Ryan Shupe&the Rubberband C/o Logan Bosemer, New Frontier Touring THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Ryan Shupe & the Rubberband, c/o Logan Bosemer, New Frontier Touring located and doing business at 1503 17th Ave. S. Nashville,TN 93923,615-321-6152 (hereinafter the"Contractor") 1. DESCRIPTION OF WORK. Contractor shall perform the following services for the City Description: Ryan Shupe &the Rubberband will present one performance as part of the Kent Arts Commission's Summer Concert Series Start Time/Duration/Stop Time: 7 p m 190 minutes, one set straight through or two sets with a short break/8 30 p m. { �I Day, Date,Year: Thursday, August 11, 2011 Event Location: "Thursdays at the Lake"at Lake Meridian Park, 14800 SE 272nd St , Kent, WA 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 Artist at the performance City will retain 10% of the receipts when Contractor provides sales staff and 15% of the receipts when City provides sales staff 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$2,500 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$1,250 00 will be paid, by City of Kent check, upon complete execution of contract The balance of$1,250 00 will be paid, by City of Kent check, 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 Venue: City will provide covered outdoor stage Sound: City will provide, Contractor will provide technical requirements no later than 30 days prior to performance date Lights: City will provide general lighting as needed Dressing Rooms: None available Technical Staff: City will provide sound technician 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 CONTRACTOR SERVICES AGREEMENT- 1 (Under$10,000—Sole Performer) 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 Vlll. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference IX. TERMINATION AND BREACH. Either party may terminate this Agreement, with or without cause, upon providing the other party ninety (90) days written notice at its address set forth on the signature block of this Agreement All costs incurred by the City due to Contractor's failure to comply with the terms and conditions of this Agreement shall be the responsibility of the Contractor The City may deduct its costs from any payments due to the Contractor or pro-rate the Agreement amount based upon the actual time of Contractor's performance compared to the contracted performance schedule X. IMPOSSIBILITY OF PERFORMANCE. Outdoor performances are considered "rain or shine " In the event that extreme inclement weather renders an outdoor performance impossible, the City will attempt to arrange an alternate performance space and Contractor will employ its best efforts to provide the contract work in that alternate performance space Neither party shall be under liability for failure to perform in the event that such failure is caused by or due to acts or regulations of public authorities, civil tumult, strike, epidemic or any other cause beyond the control of either party In the event of a failure to perform as provided in this section, neither party shall be liable for the balance of the Agreement XI. MISCELLANEOUS PROVISIONS. A Discrimination In the performance of work under this Agreement or any sub-contract, the Contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person B Recyclable Materials Pursuant to Chapter 3 80 of the Kent City Code, the City requires its Contractors to use recycled and recyclable products whenever practicable A price preference may be available for any designated recycled product C Non-Waiver of Breach The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect D Resolution of Disputes and Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Washington If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King CONTRACTOR SERVICES AGREEMENT-2 (Under$10,000—Sole Performer) County, Washington, unless the parties agree in writing to an alternafi" dispute resolution process lrt any claim of ; lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all Its legal costs and attorneys fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law, Provided, however, r othmg In this paragraph shall be construed to limit the Clty's right to indemnification under Section VII of this Agreement E, Written Noti,e 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 mad, and shall be deemed sufficiently given if,,ent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writ ig F Assignment Any assignment of this Agreement by either parry 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 supeisede 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 Compliance with Laws The Contractor agrees to comply with all federal, state,and municipal laws,rules, and regularions that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in opera,ions 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: Digitahy signed by Man Shupe DN-=Ryan shape,o.% emaR=ftn @,h.pe neG c-Us S : \ Mae 2o)I M 2213U123 06W 13Y (s gnatvieJ J (Sig"Y 1upw Print Name Print Name Lori Ho an Its Its Superintendent Recreation&Cultural Services DATE DATE NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Ronda Billerbeck, Cultural Programs Manager City of Kent 220 Fourth Avenue South Kent,WA 98032 (telephone) _(facsimile) (253) 856-5050(telephone) (253) 856-6050(facsimile) nu+.euwuav�r-.Y.cTMaN.rew.rw+n)auca.va..n...4....4.n«.c..w,,.n.n.,.mr.., CONTRACTOR SERVICES AGREEMENT-3 lUnders JD,DDD—Sole Performer j 7$p 17th Avenue South ,,r V T R �! 7 Phone. i�152 _ i }783�C� Nashville TN 37212 � o u a I N o -0974 CONTRACT# 9 5 �__ Agreement made this date,Friday,Dec ember 17,20i 0 by and between Ryan Shoum&the Rubberband LLC(hennafter referred to as r`us"and City ct Kent Arts l� COmmlSSlon(henna,ter referred to as Purchaser) It is t nderstood and mutually agreed that the Puchaser engages the Artist to perfor the following eng�ent upon aU the forms and conditions haraoaner set fancy ARTIST($). Ryan Shupe&tt is Rubberband 100%HEADLINE VENUE: Kent Summer Concert Series Lake Meridian PaA 14800 272nd Ave SKent WA W42 Phone 253-656-50 i0 Fax. 253.856-6050 productlo Dan Mortensen Pho 206-US-2113 DATE(S): Thu.August 11,2011 n ne Artist to Perform or a ii)show approx 90 minutes in length. TICKETS: Quantity GrsPrice Cmp/Kls Deduct Netprics Discipin No,DayslShwst 1i 1 1,000 FREE Loadim 4:30pm Snd Chck 5 30pm Doors Open. 6pm Showilme(s), 7-3 30pm Gp. $0.00 Capacities Merchandfaing Onstage 90 minutes Tax Per Show 1,000 Artist sell 10/ Ages Net $0 00 Total fkts 1,000 Build seh, 15% Curfew, TERMS: $2,56t).0011FIet Qjarantee PLUS Purchaser a Irees to provide and pay for Sound&Lights to meet with Artist's specifications and approval ADDITIONAL PROVISIONS. Purchaser shall pnrvde and pay for,as per Anlsrs speclficat,ons and approval,at no cost to Artist any and all rider requirements. Ali'radio presents "must be approved by in writing by Artist's management prior toad breaklon sale 50 mde radiis unk ss approved by ouyer PAYMENTS: $1,25000 June 11,2011 Signed contracts End riders due byDecember 30,2010 CONTRACT#: 96485 it is expressly understood by the Pun haser(s)and the Artist who are party to this contract that neither nor its officers not Its employees are parties to this contract in any capacity and that ners per nor ifs officers nor its employees are liable for the performance breach of any prov,sions contained herein This contract shaif not be binding unless signed by all parties hereto Should any Rider,Addendum andlar Expense sheet be annexed to this Agreement rt4ney shall also cons ytute 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 v✓uteri Ryan Shupe&the Rubberband L'_C City of Kent Arts Comm scion Ryan upe Ri 'c�°y " h pe deffY-ykiemg L 0 I aj- -''1 2_r mad=Shupe@shupe net,[=U5 J IX New Frontier Touring-1503 17th Avenue South 220 4th Ave S Nashville TN 37212 Kent,WA 98032 615.321-6152 Fax (615)-783-0974 253-856.5055 Fax: 253-,866-CN56 CONTACT: Ronda Blllerbeck 253-856-6050 e 1503 17th Avenue South Phone: 615-321-6152 Nashville TN 37212 NEW FRONTIER Fax: (615)-783-0974 7 O U 0. I N O Exhibit A Additional Terms and Conditions for Non-AFM Members Ryan Shupe & the Rubberband Showdate(s): 08/11/11 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 permit 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 prermses 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 falls to make any of the payments as provided herein,ARTIST shall hake 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 hunted 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 majeure 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. 1603 17th Avenue South 4 %7-- Phone. 615-321-6152 Nashville TN 37212 NEB FENTIER Fax: (615)-783-0974 T D u a I N O Exhibit A Additional Terms and Conditions for Non-AFM Members Ryan Shupe & the Rubberband Showdate(s). 08/11/11 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 ternimate this agreement without liability in the event PURCHASER fails to sign and return tlus 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 attorneys 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 ansmg out of or relating to this Agreement or the breach thereof shall be settled by arbitration in the State of in accordance with the rules and regulations then obtaining of the American Arbitration Association goveimng panels The parties hereto agree to be bound by the award of such arbitration andjudgment 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 union,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 this 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 umon(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 ansmg out of,in connection with,or related to any act(s)of commmssion 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 ansmg 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 6152 1503 171h Avenue Bar M Rhone: 15)883.0974 Nashville TN 37212 Fax; j6t5)-783 0974 T o U t I N 6 Exhibit A Additional Terms and Conditions for Non-AFM Members Ryan Shupe&the Rubberband Showdate(s) 08/11/11 Page,3 in writing delivered to tho Escrow Agent,and if the duties of the Escrow Agent are affected,unless it shall have given its prior written consent theft to.if at arty 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 Lite Escrow Fund until otherwise directed bt a wduen instrument signed by PURCHASER and ARTIST or by.m order,decree or I adgment by a court of competent junsdiction which,by lapse of ttme or otherwise,shall no longer be or shall not be subject to appeal or re`iew cn (it)de)oul the Escrow Fund in any court of competent lmrsdlcuon pending the limit detcmvnation of any dispute ainoug the pdtues Hereto Upon delivery oC the Escrow Fund in accordance herew ith,the obligations of the Escrow Agent shall cease mth respect thereto and it shall not be tequired to perform any further acts whatsoever pursuant to tluo contract. Is Assignment/Transfer Provision This contract(a)cannot bi t assigned or transferred without the written consent of PURCHASER,(b)contains the sole and complete understanding a the parses hereto and(c)may not be amencled,supplemented,varied or discharged,except by an insuument in writing signed by both panics The validity,construction and effect of this contract.hall he goveined by the laws of die Stute of,n gsciless of the place or performance 114E PERSON EXECUTING THIS AGREEMLNT ON PURCHASER'S BFHALI'WARRAA NTS HIS/HER AUTHOM-1 Y TO DO SO,AND SUCH PERSON HF,RF.BY PERSONAL LY ASSUMi-S I l AB IIATY FOR THE PAYT%,lE NT OF SAID PRICE M FULL 'I lie terms "PURCHASER"and "AR CIS I"ae used herein viall include and appty to the singular,the phiral and to all genders Ryan Shupe&the Rubberband LLC City of Kent Arts Commission Ryan Shupe lingo K�i � Digitally signed by Ryan Shupe DN cn=Ryan Shupe,o,ou, X, ernad=shupe@shupe net,c=US Datc 207103 22 13 07 41 -06,00, I c[ f c i t Official Production Rider for Ryan Shupe & the RubberBand This rider is attached hereto and made part of the contract dated Q- by and between Ryan Shupe &the RubberB nd, LLC ,f/s/o Ryan Shupe &th Ru berBand (hereinafter referred to as "Artist" and�T�G G' �� 1,� (hereinafter referred to as "BUYER") for the engagement on ' The purpose and Intent of this rider is not to make life miserable for the BUYER, but rather to spell out in as specific detail as possible those items and services that the ARTIST feels important to make this event as successful as possible, benefiting the BUYER, ARTIST, and the audience Please read the entire rider upon receipt Direct any questions or suggestions to MANAGEMENT BOOKING AGENCY TOUR MANAGER Mike Robertson Mgmt New Frontier Touring Will Davies 122717'h Ave.,South 1503 17"Ave.S 801-558-4499 Nashville,TN 37212 Nashville,TN 37212 w_davies@yahoo.com 615 329-4199 615 321-6152 615 329-3923 fax 615 783-0974 fax Contact:Mike Robertson Contact:Logan Bosemer mike@MRMmusic.com loaan@newfrontiertourma.com BUSINESS MANAGEMENT PUBLICITY Steven K. Hortin, CPA 801-360-1235 Jamestown Square Contact:Krista Maurer 3325 North University Avenue, Suite 150 kristaam@amad corn Provo, UT 84604 801 374-8740 801 373-3699 fax stevecPa@hortm.com I This production rider (dated 11/5/10) overrides all previous information. Please read, sign and return a copy of this rider along with the performance agreement. If you have any questions, please contact Ryan Shupe & the RubberBand's representative as soon as possible. Stage Plot and Input List for Ryan Shupe & the RubberBand IMPORTANT NOTE RS&RB will provide their own In-Ear Momtor system consisting of an on-stage mixer, 10' splitter snake,and wireless transmitters All inputs must be patched into RS&RB's splitter snake RS&RB kill mix their own monitors from stage and will not use wedges.- see page 6 for more information about monitors. r------------------------ ------� RS&RB's splatter snake head(all inputs go here first) .I Nate I u , .--------------- (D I Dr� I -Vocamsls I O \— ----/ F O H main snake head f' Mixer& ------------- Transmitters Drum macs 1-1 o ' ' t Ro er Ryan \1 Tilbv y Cral Acoustic Guitar Lead Vocal 1 Bass I -Banjo Fiddle I -Mandolin -Backing vocals I -Backing vocals I Devil I -Mandolin I -Crossfire Banjo I -Acoustic Guitar Acoustic Guitar I I Electric Guitar I I I -Bouzouki I I I I -Backing vocals l \ /\ ---�/ �--------- /\\---------- XLR XLR XLR XLR VOC F(D] VOC VOC O VOC 1uput List # Input Description Notes,inserts Equipment needed 1 Kick Drum Insert compressor/gate short boom stand 2 Snare Insert compressor/gate short tripod boom stand Conga Mini conga on snare stand SM 57 or similar,short tripod boom stand 4 High Hat short tripod boom stand 5 Rack Tom 1 Insert gate NA 6 Floor Tom Insert gate NA 7 Overhead—Left "RSRB provided RODE NT4 Stereo Mic 8 Overhead—Right (only 1 heavy base boom stand is needed) 9 Roger's Acoustic Guitar XLR 10 Ryan's Instruments(all one line) XLR 11 ilby's Bass(all one line) DI Box provided(passive) XLR 12 Craig's Instruments(all one line) DI Box provided(passive) XLR 13 Roger's Vocal Insert compressor tripod boom stand 14 Ryan's Vocal Insert compressor tripod boom stand 15 ilby's Vocal Insert compressor tripod boom stand 16 Craig's Vocal Insert compressor tripod boom stand 17 Snare Bottom Insert Gate short tripod boom stand 18 Rack Tom 2 Insert gate NA 19 Cajon Insert compressor Short Tripod Boom,condenser 0 KLR 1 Tracks(video) NA 2 Tracks(video) qA TECHNICAL REQUIREMENTS GENERAL REQUIREMENTS General Notes 1. PLEASE NOTE Any substitutions or omissions to technical requirements set forth herein must be approved by Ryan Shupe &the Rubber Band (referred to in contract as RS&RB) Requirements for festival settings will vary from below All changes to this rider but be approved by RS&RB s road manager 2. RS&RB requires 60 minutes of load in and set-up time plus 60 minutes for sound check, assuming there are no technical problems and all the requested gear is available and working properly. 3. RS&RB travels with a FOH Engineer However, a house technician must be available at load in, set-up and sound check as well as during the performance He/She must be knowledgeable about the design, set-up and wiring of the house systems 4 Two or more local stagehands are requested to help load in and load out RS&RB's equipment 5 The channels on the FOH mixing desk used by RS&RB must not be altered after sound check until after the RS&RB performance 6. The stage, backstage area, and FOH position including all the equipment shall be secure and safe from access by the general public or other unauthorized persons Staging aCX f(Of �I� 1. SIZE RS&RB requires a minimum 32'XM' stage area. 2 HEIGHT-The height of the stage should be between 18"and 36"depending on the venue seating style. 3. earpeHs-required2t-the-upstaga--CMMT-pesrN�n See the Stage U&ipage=fargeneralAayout 4. SPEAKER LOCATION In no case shall the FOH speakers encroach on the 32'x20'stage area. If necessary, the FOH speakers should be placed on separate 4x8 risers, scaffold, or be flown above stage left and stage right with proper rigging and support Audience sight lines are not to be blocked by FOH speaker placement 5. The stage-wTd- rru`m ri eTs-musTbe-sturdy, flat, clean and free of hazardous or unsightly conditions. 6. If the stage is higher than 18",there must be stairs or a ramp with a handrail near the rear of the stage for easy access 7. The stage and riser must be completely assembled, in position, and cleared of all items not associated with the performance before RS&RB arrives 8. If the stage is to be outside, it must be covered and protected from direct sunlight and rain before equipment load in The covering must not be less than 12' above the surface of the stage and should cover the entire stage area An adequate supply of tarps or visqueen should be o nd to cover equipment in case of rain Temporary Risers Vd H V '% G�,(�2L.�_c•UwC 1 If temporary risers are to be used for the stage, they must be , stable and secure 2. Care must be taken to insure that the deck panels are even with each other and as solid and secure as possible 3 Risers must be connected together and supported such that they do not drift apart or change height during aggressive use 4 If risers are to be set up on grass or any other soft ground surface, it will be necessary to support each of the riser feet with 12"square plywood to prevent sinking 5. The diagram below shows the recommended configuration using twenty-four(24) 4'x8' risers. (Shown in the diagram are twenty(20) stage risers,two (2) 18" high drum risers, two (2) speaker wings, and two (2) sets of stairs ) Backstage Area c✓2�7' 1. The backstage area must be secure,private, and easily accessible from the stage 2. There must be adequate storage room for instrument and equipment cases 3. A clean restroom with a toilet toilet paper, hot and cold running water, hand soap, paper towels and/or hand towels and a mirror must be accessible to RS&RB and their crew before, during and after the performance 4. See 'Hospitality'section on page 9 for more information regarding the`Greenroom'requests and requirements Power Requirements 1. STAGE POWER RS&RB requires one (1)dedicated GFCI protected 20-amp circuit with necessary extensions to reach various parts of the stage (See Stage Plot for power drop locations) This circuit should be for dedicated stage use, and should not be shared with any PA components or lighting, etc. Circuit should be free of ground plane potential difference noise issues 2. Power must be provided by a professional power distribution system. Presence of an electrician may be necessary 3. Sound System Power.Varies, but must be adequate for PA size and show volume, and be free of any voltage between ground and neutral legs Consult the sound system provider. 4. Lighting Power;Varies, but must be adequate for system size and usage Consult the lighting system provider jlt( �--SLti SOUND SYSTEM REQUIREMENTS ��v �t'� �' G�n �� �� General Notes C� ��` 1. Sound system must be set up and checked to verify that everything is working properly before RS&RB arrives It is also requested that all XLR cables be run fro hheir respective positions on stage to the main FOH snake head and patched into their respective chap Is as shown on the input list Experience has show that this is the quickest and easiest way to expedite the set up process 2. All sound system components must be in good wo king condition 3. All speakers must have the appropriate'Yactory"crossover settings programmed, and tunings. RS&RB engineer must have full access to all crossover!compressor& EQ settings and controls 4. If RS&RB is providing the sound system, p)archaser must contact RS&RB Technical Team to discuss electrical, rigging and load-in requireme Racks and Stacks (Amps and S Bakers 1. The speaker system provided mu be a professional, high quality 3 or 4-way system System must include a high quality variable crossover r loudspeaker processor/controller and adequate sub woofer cabinets 2. It is highly recommended that t e system also include supplemental front fill speakers to cover the center area for the first few rows of t e audience 3. For large audience areas, a me array system and/or time compensated delay speakers should be used to cover the distance more a enly 4. The sound system must a capable of providing clear, undistorted, evenly distributed sound throughout the venue and must be abl to sustain live musical program of frequencies from 20 Hz to 20 kHz(+or-3dB) at mean level of 100 dB nd handle peak levels of 110 dB, measured (C weighting) from FOH mix position Speakers must be p ofessional, high quality and must be matching or complimentary. (Electro-Voice XLC, L'Acoustics, EAW 60,JBL, Meyer, SLS, EV, Renkus-Heinz or comparable units) 5. The power amplif rs must be of a professional, high quality having adequate power to allow each speaker to receive full ra d power (Lab Gruppen, EV P series, Crown, QSC, or comparable units) K Mix Pos' ion 1. The FOH m ing position shall be located at an acoustically beneficial location in the venue Usually this is about 1/2 t 2/3 of the way to the back of the audience area near the centerline of the stage 2. There m t be adequate illumination of the mixing desk and the outboard gear during set-up, sound check and pert rmance 3. The FO engineer needs to have eye contact with all the musicians on stage Therefore, it may be necessary to raise the entire mixing position 12"to 18"with a riser or two 6L✓ C1nC����'S ,e�ej a I FOH Mixing Console ',c ' I 7 1 . The FOH mixing console must be of a professional brand designed for high quality Iroe sound applications (Yamaha PM5D, Midas Heritage, Yamaha PM, Soundcraft consoles or better) The console must be in good working condition (no visible grim or dirt, and working channels with clean pots) Artist carries settings for most digital consoles please contact road manager for the artists file 2. The FOH mixing console must have a minimum of 32 mono channels and 4 stereo channel. 3. Console must also have PFL metering functionality and subgroups and/or VCA's There also must be additional outputs for optional recording FOH Outboard Rack 1. The FOH rack must be positioned adjacent to the F/Hconsole and must be accessible to the engineer during sound check and performance 2. The FOH rack must be equipped with the following equipment in good working condition' a Six (6) Compressor channels (dbx or comparable) b. Four (4) Gate channels (dbx or comparable) C Two (2) Reverb units (Yamaha SPX 90, T C Electronics or comparable) d. One (1) Delay unit with tap tempo functionality(Yamaha, TC or equal) e. One (1) Multi-effects unit capable of pitch shifting (Yamaha, TC or equal) f. Two (2) 1/3 octave (31 band) Graphic EQs for FOH mix(KT, XTA or better) g. One (1) CD player for pre/post-show and/or intermission music playback h All necessary cables for patching all of the above to the FOH console • Note that in the case of a approved digital console an outboard rack isn't necessary Monitors a. RS&RB PROVIDES THEIR OWN IN-EAR MONITOR SYSTEM. This system consists of the following: Rack-mount mixer A ten foot (10') passive XLR splatter snake Four(4) Sennhieser EW3001EM-G2 wireless monitor systems One (1) custom hard-wired stereo monitor system b. All inputs must be routed first to RS&RB's splitter head as shown on the stage plot. One tail goes to the In-ear-monitor system and another tail will go to the FOH snake Or, if there is an extra set of tads available from a house splatter which contains all of RS&RB's channels, it can be used to deliver XLRs to RS&RB's splitter head If patching in the splatter snake early would be helpful, please contact RS&RB's technical team to discuss early arrival C. RS&RB will not use wedge monitors. If there are wedges present, they should be removed d. RS&RB will mix their own monitors from on stage. Once the splatter snake is patched in,there will be no need for a monitor engineer On-Stage , The following equipment is required on stage, a. 32-channel XLR snake routed and patched to FOH console "All channels must terminate on stage at the same place within 10'proxfmity to RS&RB's in-earmonitor rig Refer to the Stage Plot and the section above entitled Monitors for more info b. 12-channel sub snake To be ran from the RS&RB splatter around stage to the Tilby microphone stand. 'Note that in no case will mic cables be ran direct form drum riser to the front line C. Four(4) AC power drops as shown on stage plot d. Mics and mic stands as noted on the input list e. Thirty(30) or more high quality XLR mic cables in good repair(of various lengths 15'to 30') "All XLR cables should be run from their respective positions on stage to the main FOH snake head and patched into their respective channels on the FOH snake head as shown on the input list before RS&RB arrives; When RS&RB arrives, the XLRs will be carefully re-patched, one by one, into RS&RB's splitter head and replaced with the fan tail of RS&RB's splatter snake Experience has show that this is the quickest and easiest way to get RS&RB up and running L Three (3) or more adjustable fans are requested (2 downstage left and right, one on the drum riser BACKLINE Drum kit Drums are sometimes provided by RS&RB However, in most cases, RS&RB will need to request that the purchaser provide drums, and hardware as noted below Contact RS&RB as soon as possible to discuss the necessity of a backlme drum kit Drum kit specifications (if necessary) All Drum kit components must be of high quality and in good working condition a. Drums— DW, Yamaha Maple Customs, or similar required Drums should be supplied with new heads a. Kick drum 20-22"diameter with muffle pad b. Snare drum 14" C. Rack tom 41 d. Rack tom 42 e. Floor tom b. Cymbals—Nate normally travels with his own cymbals Please verify this with RS&RB If in doubt, provide cymbals as follows a. Zildjan 20" ride b. Zildjan crash #1 16" C. Zildjan crash#2 14- 17" d. Zddlan 14" high hats e. 8"or 10"splash (if available) f. 1 a"or 20" China(if available) C. Hardware a. High hat stand with clutch b. Two (2) Snare stands (one is for a mini conga) C Four(4) heavy duty cymbal stands d. Rack tam mounts -cymbal stand mounts preferred e. Floor tom legs f. Drum throne-adjustable g. Kick drum pedal—(double pedal if available) Bass and Guitar amps No instrument amps are required Vid�.Reauirements: Provider t supply a professional rade system package to include at least one video production technician to s up, operate and ike Video System must include. a) Two sere s 10 5 x 14 bigger depending on the size of venue and audience size Rear and front projected sc n fabn must be available (Screens must be visible by majority of audience from all angles at all tim onsult RSRB production manager for placement options upon arrival b) Two professional g utput LCD or DLP projectors 10k lumens or higher This would be dependent on screen size d/or tim f day if show is outdoors (5k projectors acceptable for smaller indoor shows) Proje ors should be r projected or flown front projection, no ground stacked front projection is acceptab C) At least rofessional studio configu cameras, and experienced operators. (No Camcordersl)With tripods nd enough cable to reach both c era positions (1) Camera 1 will be positioned i e center of house on a riser at least 24 inches high (Supplied by promoter) Must hav adequate lens and zoom for tight head shots on all artists from center position. (2) Camera 2 will be positioned either right si f house on a riser, or on the ground in front of stage left on a dolly with ability to move other side of stage d) System must also include one high quality video switcher, capable eamless switching between cameras, DVD player and laptop computer connection (No smart fades oplexes please) e) One DVD player with ability to set cue points. f) Adequa are ing equipm�t Ildn be regw make 2 DVD program recordings of each show If DVD copies are un it le then one copy of show in DVCAM or miniDV format is preferred All copies of show will be ha r de SRB production manager immediately after show g) System pack cl must have istribution Amplifiers, Scalers, cables and any other equipment needed to make t show look and run to t of its abilities -Please cont he RSRB production manager with a que,$tion, concerns or suggestions LIGHTING Please refer to the sample lighten le n the following page for hanging and focus positions Asa �✓Id general guideline, RS&RB request ighting production be as substantial as possible The purchaser should ensure that the performanc + ing looks as good as possible within the given budget and/or venue J f parameters RS&Rd provide alighting director for the performance. l *Please contac &RB's Technical Team to discuss specifics in this area. } Minimum Requirements: a. Qualified lighting designer/operator available during setup d performance. RS&RB will provide a basic cue sheet/suggestions with mood and tempo for the set Kt of the show Clear-com between Lighting, Stage, and RS&RB FOH engineer is necessary b. If RS&RB provides a lighting director, a qualified m ster electrician/system tech needs to be available during setup and performance C. Twelve (12) cans front lighting of 2-4 colors, t dequately wash the stage, mounted on electrics,truss or trees, as the venue allows d. Twelve (12) cans back lighting of 2-4 col s,to adequately wash the stage, mounted on electrics, truss or trees, as the venue allows e. Control board with 24 or more suYnscle ters and bump buttons (ETC, Hog, Grand MA, etc) f. Dimmers for all lighting instrume g. Quick control of house lights at c location ora WIRED intercom system from the lighting console to house light operator h. Color suggestions Red(Bosco 26 or simil Blue (Rosco 80 or sim)Jar) Amber(Rosco 21 or imilar) N/C (White) Lighting Suggestion a. See sample lighting pfot on following page for hanging ideas. b. Specials focused on the 5 general positions of the band members Front, top or back C. One (1)or two (2 ollow spot with operators capable of following band members into audience and a WIRED Interco system from the lighting console to each spotlight d. 2 PA/cann oor stand at the drum riser(1 dimmer) No Color e. 1 PAloor at Roger's mic (SR vocal mic) Red (Rosco 26 or similar) f. Scen changes for at least 3 or 4 different looks (high energy, ballad, interactive,drum solo featug. Movwith adequate control console) h. Haze (DF50 or similar) i. Gobort, breakup patterns) j. Strob k. Sidelight I. Audience Blinders (9 lights, molefays, etc) M. Additional colors (Pink, Green, Fuscia, etc) NON-TECHNICAL REQUIREMENTS HOSPITALITY 44 t, Greenrooms `�-1,) ' A quiet, comfortable greenroom (o ee oom area) is equest d for use before and after the performance ? This room or area must be secure and private RS&RB requests that the following be present in the greenroom C_ upon arrival ? • Comfortable seating for eight(8) or more people including two 8'tables i • 24 bottles of ice cold, non-carbonated drinking water(Figs or Arrowhead brands preferred) (No dasani, or aquafina water please) • 12 pack of assorted Coca Cola, 12 Propel Water/Gatorade assorted favors. • Finger Sandwiches should be ready at the time of load in and sound check Miscellaneous food items such as a tray of assorted fresh fruit and/or vegetables with dip, chips and salsa, etc • 1 gallon 1%milk(cold) 4 boxes of cereal (Oatmeal crisp(2), Cocoa Puffs, Apple Jacks) • If no dinner is then provided for by client a Buyout or other dinner options must be discussed and approved by RSRB in advance • A clean restroom with a toilet, toilet paper, hot and cold running water, hand soap, paper towels, and a mirror • Twelve (12) clean hand towels • 4- Duracell AA batteries (new) Personnel a. Host- It is requested that, upon their arrival, RS&RB be greeted by a"host"or"liaison"who can* • Make proper introductions to key staff members • Provide needed materials such as laminates,wristbands, parking passes, meal tickets, info packets, etc • Show RS&RB to the stage, merchandise area, and greenroom, • Answer any questions pertaining to the facilities, local surroundings, etc b. Stage Manager- It is also requested that, when possible and appropriate, a Stage Manager be on duty before and during the performance to move things along and keep all performers informed of times (i e —"5 minutes till doors open", "10 minutes till show time", "10 minutes to end of set", etc) This is especially important for multi-act or festival style shows C. Loaders/stagehands—Two or more friendly(and sober) local stagehands are requested to help load in and load out RS&RB's equipment Lodging (� If the purchaser is providing lodging, separate bed shall be provided for each band member and crew member (six to ten people) All rooms must be NON-SMOKING Please contact RS&RB representative to determine the exact number of rooms/beds needed MERCHANDIZING RS& RB sells CD's and T-shirts immediately after their performance It is required that two (2) or more friendly volunteers or venue staff members be available to assist with merchandise sales prior to, during, and immediately after the performance(s) Venue shall provide any compensation to the merchandise volunteers Five (5) new Sharpies brand markers are needed for autograph signing set lists, etc For any questions regarding merchandise, contact RS&RB's Merchandise Supervisor, Roger Archibald (Ph 801 360 1240 email roger0shuoe net) Merchandise area RS&RB requires an area designated for merchandise sales The merchandise sales area must be, a Available to RS&RB crew and/or merchandise volunteers at least one hour prior to the performance b. Highly visible and readily accessible to audience members Location must be approved by RS&RB C. Large enough to accommodate a gathering of people purchasing merchandise and obtaining autographs. d. Equipped with adequate lighting 2. Equipped with three or more 8' rectangular tables with tablecloths RYAN SHUPE AND THE RUBBERBAND RIDER: SIGNATURES Cfl cr- a[� 0 rED 4 c ED< oar coc I ED �GG qC ,r C� as k.__I { ' I4 ED m 1 j .�� DI m co Of C�l C%4 ' � ._ LD�f �r ED< cc C�j CD m af t { + ED Q LD Kx ED J ' LDw j j C ] t]. S=] 6 o LL LL CL � ` 03 LL LL LO 1..1.. rV I.J_ ca CLC1 �1 l.1 The purchaser hereby acknowledges that he/she has read and understood this rider and agrees to meet all requirements as set forth herein. The purchaser acknowledges receipt of all nine (10) pages (including this one) of the rider. The purchaser further acknowledges that pertinent information has been distributed to appropriate subcontractors. sound company, lighting company, staging company, hospitality director, travel agencies, etc. If any of the requirements set forth in this rider are not met, RS&RB reserves the right to refuse performance and receive full compensation Signature of Purchaser: Date: �6 ---End of Document---