HomeMy WebLinkAboutPK17-461 - Original - NHWCC LLC dba KMP Artists - Spotlight Series: Molly Ringwald - 04/25/2017 %%/ %i/%%iris/
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WASH IING TD N /� Document
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: NH WC LLC dba IMP Artists on behalh of Moilly Rin wald
Vendor Number: 1501915
JD Edwards Number
Contract dumber: 11. j
This is assigned by City Clerk's Office
Project dame: 2017-2018 Spotlight Series
Description: ❑ Interlocal Agreement El Change Order F-1 Amendment ® Contract
I® Other:
Contract Effective Cate: 4/25/17 Termination Nate: 11/30/17
Contract Renewal Notice (Days): 30
Number of days required notice for termination or renewal oir amendment
Contract Manager: Calleen Bid'man Department: Parks Cultural Programs
Contract Amount: 10 000.00
Approval Authority: ® Department Director CfMayor ❑City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
2017 2018 Spotlight Series Performance Thursday, November 30, 2017
adceWV10877 8 14
KENT
CONTRACTOR SERVICES AGREEMENT
i
between the City of Kent and
NH LLC dba KMP Artists on behalf of Molly Ringwaid
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the
"Cfty"), and NHWWC LLC dba KMP Artists on behalf of Molly Ringwald located and doing business at 1!11 Congress
Avenue#400, Austin, TX 78701 (hereinafter the "Contractor"),
1. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City:
Description: 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. /90 minutes + one 15 minute intermission/approx. 9:15 p.m.
Day, Date, Year: Thursday, November 30, 2017
Event Location: Kentwood High School Performing Arts Center, 25800 164'�Avenue 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 hotel accommodations, (4 rooms, including full one bedroom suite) for Contractor for the night
of Thursday, November 30, 2017.
Ground Transportation: Contractor will provide ground transportation.
Hospitality. City will provide hospitality as specified in the attached rider.*
Billing: An Evening with Molly Ringwald, 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 November 30, 2017, with the exception of venues previously discussed
and mutually agreed upon.
House seats: City will hold six (6) complimentary house seats for Contractor, to be released 24 h01Jrs, prior to curtain if
riot notified by Artist.
*All as more specifically described in the attached Exhibit B
Contractor further represents that the services furnished under this Agreement will be performed in accordance
with generally accepted professional practices in effect at the flare those services are performed,
IL COMPENSATION, The City shall pay Contractor the total SUM of $10,000.00 for the work to be
performed under this Agreement, upon satisfactory completion of all services and requirements specified in this
Agreement, $1,200.00 deposit will be paid, by City of Kent check, to KMP Artists upon complete execution of the contract.
S3,800 deposit will be paid, by City of Kent check, to Ringwaid, Inc, by October 1, 2017, The balance of$5,000.00 will be
paid, by City of Kent check, to Ringwald, Inc, on the day of the performance.
Ill. 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 material's for the City's, use in promoting the event All publicity and promotional materials
regarding the event released to the media or public by the Contractor shall credit the City of Kent for its support of the
event or project.
IV. PERFORMANCE SPACE. The City agrees to furnish, at its sole cost and expense, a place of
performance on the date(s) and at the time(s) contained in Section I. The City shall also provide ushers, a house
manager, and box office staff and any additional services and personnel as required by the City, for the efficient operation
of the engagement. Other arrangements will be the responsibility of the City and Contractor as follows below,-
CONTRACTOR SERVICES AGREEMENT - 1
(Under$10,000-Sole der;downer)
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.
"All as more specifically described in the attached Exhibit 8
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 rContractor has registered its business and established an account with the state Department
of Revenue and other state agencies as may be required by Contractor's business, and has
obtained a Unified Business Identifier(UBI) number from the State of Washington.
F. The Contractor maintains a set of books dedicated to the expenses and earnings of its business.
The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement and that the
Contractor has the ability to control and direct the performance and details of its work, the City being interested primarily
only in the results obtained under this Agreement and compliance with its terms and conditions.
VI. . WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall be responsible for the safety of its
employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose.
VII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal
costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for
that portion of the injuries and damages caused by the City's negligence, including assertions that the use or transfer of
any software, book, document, report, film, tape or sound reproduction delivered in accordance with this Agreement
constitutes an infringement of any copyright, patent trademark, trade name, or otherwise results in unfair trade practices.
The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of
these covenants of indemnification.
The provisions of this section shall survive the expiration or termination of this Agreement.
Vill. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of
the types and in the amounts described in Exhibit A attached and incorporated by this reference.
IX. TERMINATION AND BREACH. Either party may terminate this Agreement, with or without cause, upon
providing the other party ninety (90) days written notice at its address set forth on the signature block of this Agreement.
All costs incurred by the City due to Contractor's failure to comply with the terms and conditions of this Agreement shall be
the responsibility of the Contractor. The City may deduct its costs from any payments due to the Contractor or pro-rate
the Agreement amount based upon the actual time of Contractor's performance compared to the contracted performance
schedule.
CONTRACTOR SERVICES AGREEMENT- 2
(Under S 10,000-Sole Performer)
X. IMPOSSIBILITY OF PERFORMANCE. Indoor performances may be dependent upon a facility which the
City may or may not have control over. Outdoor performances are considered "rain or shine." In the event that extreme
inclement weather renders and outdoor performance impossible, or an indoor facility unexpectedly becomes unavailable,
the city will attempt to arrange an alternate performance space and Artist 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 failure to perform as provided in this section, neither party shall be
liable for the balance of the Agreement.
XI. MISCELLANEOUS PROVISIONS.
A. Discrimination. In the performance of work under this Agreement or any sub-contract, the Contractor
shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory,
mental, or physical disability, discriminate against any person.
B. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its Contractors to
use recycled and recyclable products whenever practicable. A price preference may be available for any designated
recycled product,
C. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants
and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more
instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the
same shall be and remain in full force and effect.
D. Resolution of Disautes and Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim
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.
J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees
to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code.
K. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall
constitute an original, and all of which will together constitute this one Agreement.
CONTRACTOR SERVICES AGREEMENT- 3
(Under va 000-Sole Performer)
IN WITNESS, the parties below execute this Agreement,which shall become effective on the last date
entered below.
i CONTRACTOR: CITY OF KENT:
(signature) n
tore)
Print Name: Andrew M. Delicata Print Name: Lori Ho an
Its President Its: Supt., Parks, Recreatio Cultural Services
DATE: 4/18/2017 (title) 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)
CONTRACTOR SERVICES AGREEMENT-4
(Under$f 0,000-Sole Performer)
EXHIBIT A
INSURANCE &INDEMNITY REQUIREMENTS
No Insurance is required for this Contract.
CONTRACTOR SERVICES AGREEMENT-5
(Under$10,000—Sole Performer)
k---,/
f3
OFP
"An Evening with Molly Ringivald"
Molly Ringwald Technical Requirements
TOTHE LOCAL INIANAGER or PRESENTER:
This list of technical requirements should be viewed as a guidefitie. While
many venues will have no, trouble in meeting these requirements, we
understand that others "ill. Please note that most items contained odthin
are negotiable.
�,jr jin ro,gr , [IV:
The Company will provide prograrn information four (it) weeks before the engagement date if
requested by the venue,assuming that the Company has received frORI the Presenter all relevant
technical infort-nation, includiti,, technical specifications and the completed technical rider at
least ten (to)weeks before the engagernent.
If you have any questions or concerns, please feel free to con tact us,
'I'llank you
Domer Balao-as
Artists Haison
KMP Ailisis
j"pl: (+-1) 512-888-9895 ext. 12
Email: domerOblu-no,
Rev.2.28.17 V3 Prescntei--.-Y-)—.-- Tech. Company
"AnEvening with A/folly Ringwald"
Technical Requirements
Venue Name: . "JI- oo a �cb(,O ?CrA-o t I,YN k V\,
"3.L C V&V) u0A q �b IA
VC11LIe street Address: OVA
Loading Dock Address/Information: Sff Md
City/State:__ VVIt
Date of Load-In: Load-In Time: 113V —,L, o\.
Date/Time of I-lerformance(s) I - 14- 1
3LV p1r)
venue'rechnical Directc cK(At
Telephone number:
)
S C_k kj`;f
Email: 11e(co . D
TechnicaI Iriformation(Tine
at: lw
To the presenter or Local Monuger: Pleuse fill in the aboue irilfiormution and inilialut the end of
each page indicating thal y()jj 11(we read and understood euch clause. Mien possiffle,pleuse
hum the Venue Technicul Di7TCtOl'itliti(d US RICH,
Traveling Party
I'Vloll,v Ringwald travels N,vith a total of three (;3) musicians,illClUding Pianist,Bassist, Drummer,
Heasc inquire abOUL TTIUSiCialns Prior to renting equipment-Ti'ie bassist sometimes bring his own
n
bass. The drummer sometimes bring his own drums when the performance is in Southern
California.
1, 'File presenter agrce to provide: a Technical Directur or Sta-bc Manager knowledgeahle,
about the place of performance and empowered to make decisions on behalf of the
presenter,
Ira addition, please provide local area maps,directions tca the theater,and information on hotels,
rcstaUl*al1tS, medical facilitios and shopping.
Loading and Parking - 11resenter shall provide a secured parking area for I to 2 Vchides if
needed.
Sound and 'Fechnical requirements
House System and Monitors: 'File Presenter agrees to provide all sound equipment.The,
Coinpaily rcquircs somid equipment that eqL.1,11S or exceeds the following requirements:
Monitor System-Tutal of COUr(4) 1110tlitol-s
MiCrODhones -tftal of six (6) and seven (7) if with saxophonist
Vocal mica: Shure 87/NCLUnann KMS105
Rm,,, 2.28.17 1 Pres enter Tecti, Dir.
Cortipany
s- Mic no. i Piano High end on boom
Mic no. 2 Piano low end on boom
n Mic no.3 Vocal mic on boom for Piano at left side
➢ Mic no.4 Drums overhead right on boom
y Mic no.5 Drums overhead left on boom
Mic no.6 Vocal
> Mic no.7 Saxophone on boom
Piano - Minimum of 7ft grand, Steinway B Grand tuned to A440 strongly
preferred. If not available we can go to Yamaha C7.
Drums - Acceptable brands include: Ludwig, Gretsch, DW, Yamaha, Canopus.
Drummers usually bring their own sticks and cymbals and have the venue provide the
drum kit. Please ask us prior to renting the drum whether the drummer brings their own
sticks and cymbals.
➢ One 5ft. by 7ft drum rug
Monitors as indicated with sound board on stage
➢ 5 cymbal,3 straight and 2 booms
n Hi-hat stand,drum throne,bass drum pedal
D Adjustable snare drum stand
Jazz drum kit Ludwig Club Date iox8 or 12x8 Rack Tom, 14x14 Floor toms,
14x5.5 snare drum, 14x18 bass drum.
y Cymbals: Zildjian 14"K custom hi-hats, i8"A custom ride, 20"A Zildjian/A
custom flat ride,20"K bounce ride
Acoustic Bass -The bassist sometimes bring his own Bass. Please ask us prior renting
the bass whether the bassist brings their own bass.
v Bass Amplifier- Preferred bass amplifier is a Markbass Little Mark Tube 800.
If the preferred amplifier is not available the bass amplifier must have the
following characteristic:
o Minimum 300w
o Tube preamplifier section
o Bass, midrange and treble tone controls(minimum)
0 4xio"speaker cabinet
• Include io'instrument cable with 1/4" connectors
➢ Bass - The bass provided must be a professional model 4-string acoustic bass.
Mature basses are preferred over new because of the tendency of basses to settle
over time.the bass must have the following characteristic:
0 3/4 size
o Fresh,but not new strings (Strings must be changed at least 3 days prior
to performance)
Working bridge adjusters installed
o Clean finger board
o Adjustable end pin
o Operational tuning machines
o Professionally installed pick-up(Realist by David Gage preferred)
Reu.2.28.17 v3 Presenter�7, ?_ Tech. Dir. Company
3
Boiv - Along with the bass there should he as French style bass bow with the
following characteristim
* Preferred string with whiLe (fine) horse hair
* Straight, flexible stick
r, Adjustable tension
o Cake of hard rosin
Availability - The bass should be amailable at the venue as early in the day as
possible to allow for a(lji..istment an(l reheamil.
Stage Plot
MOLLY RINGWALD
QUARTET goo 0 Noe
10 1 (11
MONITOR(4)
ORR
MKROPHONES(6) 11 q
;t; � 6f i y it ji i
m,,H btu—d—oocrr,
ap trcn 0i,
Q, B,,h ar�nom vs r
0
@
PLANO
goo
orle sft uy V dnvli r,,I
n'Iu lmjr Jswdk sc,ml
baa�dorl m,u)", —
S cp Oml oan)', 3 utr rrtplrl artotN c MU MC 5 TAN D VVI T4 I IGH TS JI)
Inulm
up
Adiw,ul,hp
w Omm l h,&e,jqCAA)rmw M A—i
JA%J4 fhxx HIGH 5T0,01 12)
H6 5 vqycd#um 1,4118bj 4dfu[,, liul,., ','VJ!,-q RO Y;,
CymbA4.Z5U o rr NX h h,@
14 A CutWer,p,de. Zddt,vVA SMALL SIDE TABLE WITH CLASS OF
C zrom rl"r Rnfi- N)Y.VC.""C'Rn,Io 1 N WATER 1ROO4+5 TEMPERATURt)
Technical Schedule
i.
Ile VellUe LI\,ail�11fle
The p resenter agree t s o rnake t. at least J)()jtrS Prior to tile
scheduled start time, of the performance.
Typical Schedule - PleaseIII e tht SChCdLI 'S ,are rna de slay fr ct1 wcaaaae
ace(.-mling to many factors, including tr�ivel plans an(I flieater availabflity, This schedule
%qfl l,;w arrangetl in a(lvanee aAith the Conipan.v Production Manager. 'The schedule that
follows is an example oFn typical load-in kuiclshow
11,'Pt) 41.28,j 1 7 F�",l Presetiter w. Cornimiy_.,
4
hWvnqqe Flybrnzance clay xTedule
3:00 PNM Wad in Orne
3:30 I'M - 5:00 PM Sound chock and rehearsal
6:oo I'M Dinner
7noo PINVI Show call
7:30 f0m, I louse Opens
8:00 HMO
Hospitality Requii-enients
Dressing Roorns and Facilities
i, The Presenter agrees to provide two (2) chwsing rooms idth separate restroom
facilides.
2. Each di-cz.,,sing room inust be clean with sufficient lighting Wr inakeup anxi
equipped ON uArrors, tables, chairs Wthing racks and electrical outlets.
3. Presenter agnws U) prmide i (Avon rucmi or common rooni with re,ffigm—atoreq!,
nrrkrmxuvc avaihWe in company use.
4. 1)rcssing roost and green rDOFH areas shall he opened and available to the
Company crmv no later than one hour prior to any activity including load-in.
,q. The dressing room numt have the Wndn&
hilled
prvpur-Rtasses '�)fjlobj Ve_htLQ - Vl(, cz�((CA'�CA
Bottled �,�,aler(flat, roorn temperature)
> ChUld Auk sauces
Clot w'Mer \viLh lenlons and honey, etc.
I hind tmvels, prc,Fcr dark- eoc or
'1111%,4d L!Odl h2a, (A- iV not avaitable, then an) tCa as long, LIS it isn't
carfeinatc('1, nle'rffllol or Inint.
AsWed hvsh BURS WANnIt S('edS, 110 11101011 (n1C.diU1'11-SiZVd plate)
Tall watcrgk sses
I Ninddifim upecid" in Q clirnatvs
Wai-drob�e - Presenter agrees to provide as wardruhe room equipped "Ob clothes racks,
hangers, oleetrickk WON, it NW, 10m, cWhing steamer,a sin k
Or WNW,and hAr dryer& � ".--)
Rm=W7,3 Preseldenjif— -rech.
Hotel Accommodation Requirements
1. Four(4) hotel roorns,including FULL ONE BEDROOM SUITE is required for Molly.
2. Four,star hotel(five star preferred),
3. BREAKFAST MUST BE INCLUDED at the hotel provided.
On Stage
i, Please note that Molly never uses a straw. She wants a real glass for her water onstage
(no plastic bottles), Presenter should provide two tall glasses of roorn temp water or a
single glass and a pitcher so she can refill on stage.She also prefers that the band use real
water glasses onstage, too,
2, One (i) small side table for the water located near the piano
3. One (i) high stool covered by black velvet cloth for the microphone pre-set located near
the piano
4. Five (4) Music stands: tNVO (2) for the bassist and two (2)for the drummer,
Insurance -The Presenter shall provide for adequate insurance coverage,including insurance
against losses due to fire or theft, and personal liability insurance covering the activities of the
residency. The Presenter agrees to indemnify and save harmless the Company from all claims
arising in any manner in connection with those performance(s) or other residency activities,
except to the extent that such claims may be occasioned by the negligent act or acts of the
company.
Catering - The Presenter agrees to provide dinner for all Company crew members (4 Or 5).
Dinner should be offered either before: or after the show.t sk prior to sound check whether they
would like their meal before or after the show.
Presenter Signature Required
ReU.2.23.1,7u3 Presenter— Dir.— Company__
6
GUIDELINES FOR MOLLY RINGWALD CD S1(3rNJNG
lk Presenter acLnowledges Llms—eCDD for IvIs.—Ringwald to ensure the
ee
her aAfter the p?,rformance.
NQTE: Ms. Ringwald ONLY Lign CUs g�ft(r fuLl p�g�form�lnce. contract. ,9—he does NOT
's as T,)art of" e,i l 9LIQSt appearan cgs,
".
NOTE,: IVIS. Ringwald does riot make any appear grace before the show on show days. pose~
full rformance contracts Ms. lain gwald will sign CIt's AFTER the Show,
"L,QC eta
NOTE: CD signing are—NQ1_ —nd greet". and cannot be advertised as such.
1.A table v6th tablecloth and at least one person should be provided to sell the CDs and
process transactions, The unit price per CD as $20 (USD). The artist Nvill not handle
money, or transaction for the CD sales. Sharpies should be pro%,ided at the signing table.
If these things are not in place the artist may opt not to sign post-show,
2. The artist should be personally escorted by security or someone she is introduced to
as her "protector" when going out to the public to sign CDs.
3. Another staff person should be available to make sure everyone who approached for
her to sign is aware of the following:
* CDs wrappers should be removed and the Jewel case must be easily opened and
ready for signing,
* Absolutely no posed photographs. Sonieone can snap a shot of her as she signs
CDs or the patron who purchases a CD can ask a staff member of the venue or
someone in their party to take a photo while she signs.
* Ms. Ringwald WILI, NOT be signing anything other than CDs. Please do not
approach her tea sign anything other than the copy of the all)LIM,
3, It is vital that the artist is not left to police those people who will disregard the rules
outlined above which need to be properly verbalized and on signage that is clear and
visible to patrons.
4. Signage Should be printed and visible in at least three places in the CD signing, area
that ""Theartist win only sign CDs tonight. Absolutely no memorabilia orshowv programs
RCU.2.28.1,. Presenter-0-- Tech. Dir.--- — Company—__
7
will be signed." Signage is not enough, someone must also stand near to the artist and
verbally remind people before they approach her for a signing.
5. Security or a person who can be intimidating if necessary must stand near the artist
to ensure that no person approaches the artist or moves toward her side of the CD
signing table.
6. A glass of either chilled-SatMI—gNon—BI—anc or a glass of room temperature bottled water
must be placed beside the artist during the CD signing.
7. An itemized reconciliation of merchandise sales must be delivered to the artist in
person along with payment within 15-20 minutes after the close of the CD signing.
-Iresenter Signature Required
ReU.2.28.17 U3 Presenter Tech. Dir. Company—
Contact Information
KRISTOPHER MCDOWELL
CEO
KMP Artists
Tel: (+1)312-342-7898
Email: kristopher0kmpartists.com
ANDREW DELICATA
President
KMP Artists
Tel: (+1)512-730-1933
Email: andrew(@kmpartists.com
DOMER BALAO-AS
Artists Liaison
KMP Artists
Tel: (+1)512-888-9895 ext. 12
Email: domer0( kmpartists.com
www.kmpartists.com
info@kmpartists.com
Tel: 888-489-5989 (toll free)
(+1)512-888-9895(international)
Reu.2.28.17 u3 Presenter t Tech. Dir. Company
9
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IMP ARM Booking Agreement - Presenter / Venue
Vw MwAg AGREEMENT' (Agmemem; N rnwk this, At day of Api-A 2M 7 by wd between Kent v
t �r Presenter) at it Fnivi Anmue 5kyjmh,Ksru, Wasilrytoli 91012 hwiWtvad rates(mailing l0drcss)nand NHWWC a
h�i�LPArCi,sts (('otiipatiy) aiiLI Congress Avenue 400, AmsSm TX !III USA(r=dKgaddwvs)on behaKoMfolly lVirflaywald
QMO.These padm unuvurdy agree upsi flee Mowk&
I. Engagennein Ile Presenter hwAy engages from he MWarly he services of the AM IN the perlbmianve(o and
services, on he dmQsX GwB)and phcQo("Alcatively,the"hngagernek)and In the cmi,msation aH as set Arth hewK, and
the Cni"any hereby agev5 that the Mvpany shall render such services.subject K these tenns and ccmdhions:
a. Title/description: An EwnWI wMi Molly RhMwMd
b. I,ength of Pei-forrnance: 90 rniniates
C. lntcrjllissior:ALI S
d' N"nn"bel- as li,kImN s
Da t L Firne Ve n u e 3Ldilress
Fliursday, N"ovCniber 30, Kentwood PerformingAits 220 [:oorth AVCflUC SOUth.
2017 Mer Kew, Washinglon
e Ile PNWMU aqvus TaL unksi SPCAMII�, set l'orth in this Agreement, the pedbnnanens) hj he(Am-npay hall not
he ill CO ILJICtk)n WiT the PeAMMaCe Uf=y wher pert'ornier or artist and that no assisung rum not pan N'the Ccanpary shad)
perl6rm at the kngageman wWww the prkK elvers written cot sent ordw compati.
1'. Compan,a regjuires. and Presemer agrees U, pmvicle, a weekly Met sales report sent by e-mad starting i,,\o months
lclQfbrc the first event date.
2. It is agreed than a', lull conlpcns�ltion for the servrc:es mentioned hereilL the PreSCIIM-wVid play to Headliner,or
speciF�Qd by checks or money order the total arno"i of TIA HI )USAND UMFFD STNUA IMLLAR ($10000)
(Engaged Feet without my doduAuns. Paynwnts shall bu made as Mo"s:
a. IM: ONE TIPMUSAND TWO HUNDRED UNHID grATES DOLLAR(SI200)payable to 'KM11 Artists'and sent vix�
h 2nd: 011I1`FM7tNANDIFIGIR IHADRED UNMID STAM [All 1011 ($300) payable mWing"a0d. Inc' and
md led w be received no him than Sun"j,Owohr 01, 2017,
c. MKIAVE ARMAND UNIM) KIAII S IHMAR 150AD) payable to %juvald. Inc.' and handed to the AM
priOtAO the Ml I IILH-,day. NovQnibcr 30, 20 f 7.
i. In addilion In dle 1"reod Con1posation, the f1rc;enwr kirther agiTes A) avange and pa) Ar the 011o"ing addhOnn! exposes:
a. I fCPiCk FOLIr notCl 1-00(os including one RM suite Rw My OR a stipend RY IM roomt I WE nmA KOM kykNst
and vvit"i inclus vv in he mmr we mTaid by be yestnimr. 25mom an ke 4 god, "pw6ated
h Fransportatiow NoTransporultion llro\,ided by Prc;crlcr. Ml foaarrspsrrlerticsrr r, ill be pro,,idtd by %rti.itol-Conspany.
c. Backhnc�: All iechnic"d I,,%khne as pvr Ow Wdi rider niuding HgMhg eWApmmi arld amd eWomem as qwdfied in
the M IIS I I ech PddQr (see Sepamle AmmusaL In IQ e"M t1no mq aqua of he tech Riclv cmwW be acemmudaMd.
PrVNctncl nwst TI(PI 0"", C omjpany at Ieast 30 dap, in ad%ancQ ot the datc of We enytgument. Preswun is wsRmdWv IN all cm
velmed to rentIng equQnlenL if iwccw;n-;. Fails a)supply nquemm! equipment rflR" 14,erfaw W.Kh the proper fulfillknent ofthi,
Agneman by dw ARKST, 6yo-DI 'I?AC Y10 OJ(CJV16t CID MCI
d, wit uppmpf-iatQstenrr.w ire I itJh
hk,oled wVater in the dressw"R"n MA backstage(see sepaime hophalky rider Nm quMMM).
Indials(Presented: Initaals pKVP): l Ini�ials IW'itncss):
pg 1 46
KMP Artists Booking Agreement - Presenter / as
L!. In the event that any or all of the Company's fees and costs, including,reimbursable costs,are not paid within thirty (30
days of when due.the Presenter agrees to pay interest oil soli oinstanding amounts of I i per month (IS%per year).
4. Company Costs and Expenses. The Company shall provide,at its expense,all costumes, sets,arid artistic content as,
necessary for the Engagement.
5. COMPANY TECIANICAL RF'QUIRENIENTS:
a, The Presenter agrees to furnish and fulfill the fohowiriL, reqUirements,as well as those requirements set forth in the Tech
Rider attached to this Agreement and incorporated herein,at its sole cost and expense and for each rehearsal and the Engagement
as applicable:
(i) Theater (Theater) with a stage larL-.e enough to accommodate conveniently and comfortably the members of tile
Company. The stage of the Theater shall be cleaned and cleared of Sill iLCrnS prior to the Company's arrival at the Theater. Upon
the Company's request, the Presenter shall make the. Theater available to the Company for the purpose of'rehearsal, hanging
scenery and inspecting scats and costumes at least 36 hakirs prior to the first of the Company's performances at the Theater.
Theater shall be properly heated, li-lited,cleaned and in good Order- with clean,conrilbriable and Ii omted dressing roonis equipped
with make-up mirrors,tables, chairs,hot and cold running water, slwtr�crs and hanging facilities t"or,the Company's costurnes:and
private toilets near the,;tagc. F7)-
(ii) Front-of-house and backstage staff including box office personnel, ticket takers, ushers, and custodians
necessary to properly 5taffthO Enga.cement.
(dj) All stagehands, stage carpenters, electricians, electric operators, and local labor as shall be necessary for the
perforniance(s) and/or as shall be required by any union having,jurMiictiori over the services to be rendered at the Enoaaernent.
'The Presenter shall comply with (and, prior to the Company's pertorinance, make the Company aware of) any recwnized
requirements ofany SUCK Union.
Ov) A loading crew of competent persons to be oil call at such times as the Company specifics and released From
call UPOTI the Company's speci fie release, and/or as shall be required by any union having jurisdiction over the services to be
rendered at any perforniancc, sufficient in number to expeditiously and careftill) assist in the loading and unloading on the
Company's arrival to and departure from the theatcr. I lie Presenter shall comply with (and make the Company aware of) any
recognized requirements of any such union.
(v) All required permits and licenses,insurance coverage(comprehensive general liability, personal injury,property
damage, etc,) and insurance for the Presenter's facilities and activities, and adequate insurance coverage lot, all Company
activities, includin-, without limitation, {nsurancc asminst losses to the Company or its personnel due to SUCh Occurrences as flre.
theft arid personal liability.
b. All sound and lighting equipment will be provided at the Presenter's expense and il'such eqUipillent is not availableat
the Theater as part of its equipment colliplirrient, the Presenter shall rent oi- otherwise provide with equipment at the Presenter's,
eXper]Se. All SUCK 50kind and lklhiin,, equipment necessary, for the Comparty's, perl"ormanoes shall lie in good tNorking order, as,
determined by the Company in its reasonahte jUdgMeni, and present at the Theater prior to the Comparly's arrival. Additionally.
the Presenter shall arrange to have all lighting in place,hung, plm,e(i in and I`CCUSed in accordance with the Company's lighting
plot prior to the Company's arrival at the Theater.
c, 'The Tech Rider shali, be deenied can essential part of this Agreement and is, i%orporatcd herein by reference. .The
Presenter acknowlvdges that tile Company is relying On the hilbrillation furnished by the Presenter regarding the Theater
technical raciCities. if that information is not accuraie and COMPICIC in all respects,the Company shall have the rk-lit to cancel the
and the Presenter shall remain liable to the Compary for all ainounts LIUC and payable; Underthis Agreerrient
(including, without limitations, the Fee, the cost of any nonrefundable portion of travel arrarl"enivnis entered into by the
Company prior to the effectiveness Of Such cancellation,plll. any Other cost,specified herein).
6 SALES ANND `OMPLIMENTARY I WKFTS' (a) The Presenter a'i_,rees that do tickets will he scdd to this event prior to
the signatures of this Agreement by all of the parties hereto. Fhe parties hereto a.-ree that the sale of any tickets to this
Fn I gagenient implies consent to all terms in 0iis AgQenient. (b) The Presenter MH provide six(6) complimentary house tickets
for each event of the Fngagcment. I'lle box office or house nianai4er will be,informed at least one hour prior to perf6rillarce as to
r')
Initials(Presenter):-14W_ Initials(KM11): Initials G Witness):
p g. 2 o f 6
KMP Artists Booking Agreement - Presenter / Venue
the disposition of the remaining tickets.
7. NOTICES:All notices related to this Agreement shall be made in writing.
8. PROGRAM AND PLJBLiCITY:
a. Subject to the terms of this Agreement, the Company shall select and provide the works to be performed for the
performance(s).
b. The Company shall furnish the Presenter with program copy for the Engagement, including, but not limited to, text,
notes, descriptions, translations, the artists' and performers' names and biographies, a credit to the Company, and such other
credit lines as the Company may reasonably request.Such copy will not be altered or edited without the Company's consent.The
Presenter shall have printed, at its expense, and available for distribution at the time of the performance, a sufficient number of
programs conforming to the program copy furnished by the Company.
c. The Company will furnish the Presenter with photographs and publicity materials in such quantities as the Company in
its sole discretion deems necessary or desirable to advertise the Engagement. The Presenter agrees to use only photographs
furnished by the Company and to imprint, distribute and display properly all materials received without change or alteration.The
Presenter further agrees that the Company shall have the right to approve all advertising and publicity material the Presenter
wishes to utilize both as to form and substance and such approval shall not be binding upon the Company unless in writing
executed by the Company.
d. Each performance shall be billed under the name: An Evening with Molly Rinewald
e. Where the names of any member ol'the Company appear in any billing, advertising,or publicity,they shall be listed in
such order as the Company shall request. The Presenter shall give such appropriate credit lines in all program notes as the
Company shall request, and the Company shall be permitted to acknowledge its funding and sponsorship sources in the program
notes. In addition,the Presenter agrees to comply with sponsorship placement and promotional events, as agreed upon with the
Company at least six months in advance of the first performance.
f. Upon Company's request, the Presenter agrees to provide the Company with a copy of all advertising, publicity
materials, and programs in sufficient time prior to their distribution for the Company to review such materials. The Presenter
further agrees to make all reasonable corrections, edits, or changes to such materials which may be requested by the Company
with regard to those matters describing, depicting, or representing the Company, The Company further reserves the right to
change the program copy and the option to request a program copy insert by printed and distributed at the Presenter's expense, if
the program has already been printed.
9. REPRODUCTION RIGHTS AND RESTRICTIONS:
a. The Presenter may reproduce the name, photograph, likeness, and/or biographical material, in whole or in part, of the
Company, its agents, employees, and representatives, solely for promotion and publicity purposes for the L:ngagement, without
additional payment to the Company. provided that the Company is clearly given credit for such name,photograph,performance,
likeness,and/or biographical material. All other rights are expressly reserved by the Company.
b. The Presenter shall prevent any broadcasting, photographing,recording,or any other transmission or reproduction of the
Engagement or residency activity,or any part thereof,by any means or media now known or hereafter invented, including,but not
limited to audio, visual,or audio-visual means,unless the express prior written consent of the Company has been obtained. If any
such unauthorized recording is discovered, the Company shall have the right to withhold performance of the Company's services
under this Agreement without prejudice to the Company's rights hereunder.Notwithstanding the foregoing, the Company has the
right to record for archival and other purposes.
10. ROYALTIES AND LICENSE FEES: The Presenter will be solely responsible for paying any and all royalties and
license fees required by the applicable performing rights society(ies) in connection with the public performance of live or
recorded music at the Presenter's venue.
11. MERCHANDISE: Subject to whatever standard house concession is in effect on the date of this Agreement, the
Initials(Presenter): Initials(KMP): Initials(Witness):
pg.3 of 6
KMP Artists Booking Agreement - Presenter / Venue
Company shall have the right to have such persons as it may desire sell souvenir program books and/or other promotional items in
the lobby of the theater immediately prior to and after the Ftigagement and during, each intermission. The Artist shall receive
- Or ices, Presenter agrees to provide realUneration or other
-),006/4 of trwrchandise sales without any deduction 15(n- taxes
compensation in connection with such sales, to the Company or Artist Or representative on the day received by it,and agrees to
&VI
use its best efforts to enable the Company to Sell SUCII items without Cost to the Company or Artist.
FORCE MAJEURF:
a. In the event that the performance of any of the covenants, duties. or obligations of this Agreement oil the part Or the
Company or the Presenter shall be prevented, interrupted, delayed or suspended by any Force Majeure event, as defined herein,
either party may terminate this AZ�III-CCITIent without any liabilit o either party for any damages arising from such termination,
Yil
provided, however, that, the Presenter shall pay to the Company all out-of pocket expenses incurred as ofthedate of the force
InaleUrt event (including the cost of'any non- refundable portion of travel or hated arrangements), 117, as a result of any force
MaJeUrC eVCTII, file COrnpally is able to perform only a portion Of the performance(s), then the Engagement Fee shall be reduced
on a pro-rasa basis.Termination for a force majeure event shalt not be deemed a breach ol'the Agreement.
b. In the event of the cancellation of the performarice(s) for a force majcurc event, neither the, Presenter nor the Company
.shall be under arty obhoation to present the perforniancco)at a different time,except that the Presenter shall use its best efforts to
re-engage the Cornpany %%ithin a twenty-four month period On the same term and conditions set forth herein,subject.however,to
the Company's availability. In the event that the Company consists of'persons other than a featured performer and One or more of
such persons cannot perform for any reason, the Company shall have the option either to use its reasonable efforts to (tarnish a
StIhStitine Of the. SaMU substantial artistic quality f!)r each such person, which substitute the Presentera-rces to accept, Or to
PU601-ill Without such person, ill which eVCHIr the Company shall not be liable for Such fiailLATe Of ROY such person to perform and
such perSOWS Unavailability shall not be treated as a force nlaJeury event oil the part of the Company.The Company will be the
sole judpe ofthe arlistic quality 01"SUCh sUbStittttes.
c. "Force Ma�jCUro!" Shall mean severely inclement weather, illness, death Or incapacitation or as key member of the
Company(as determined by the Conlpally in its solcjudgricilt)or death or life threatening illness of an immediate family member
of a key member of the Coniparry; any present or future statUte, IMYS, ordinance, regulation,order,judgment or decree; act of
earthquake; flood; lire;epidermic; accident;explosion;CaSUaltY; lockout, boycott,strike,or labor controversy (including, but
not limited to, threat of'lockout, boycott or striker); riot,Civil (fiStUrbance,war Or arrwd conflict (whether Or not there has,been an
ol'ficial declaration of'war or off-icial statement as to the existence ofa state of war), invasion,occupation, intervention of military
forces, act of public enemy, embargo, or act or threat of terrorism:, delay of a common carrier" disruption of air traffic, ally
inability without fault. on the Presenter's part to obtain sufficient material, labor, transportation, power or other essential
commodity required in the conduct Of its business Or services; or any other siniflar or- dissimilar cause or causes outside the
reasonable control of it parity hereto. Notwithstanding the foregoing, the Presenter's cancellation or rescheduling of the
pQrformancc(s) or other services of the Company due to PrcseWcr's fiscal insolvency, poor ticket sales,or schc&iling problems,
or fi,rr any other reason. shall not be deerned as force rna.jeure event and the, Presenter shad not have the right if) terminate this
Agreement without liabilit,, on the. part ol'the Presenter,
13. Presenter WAR RAM] 'he Presenter hereby represents and warrants that: (a) it has the full right, ,power and
authority to enter into this Agreement and u-) grant all rights gm anted herein, that it is not under, nor will it be under during the
Term of this Agreement,arty disability, restriction or prohibition with respect to the rights to fully perform in accordance with the
terms and conditions of this AgrcQmonc and that there shall be no liens,claims or other inwrcsts which may interfere with. impah-
or be in derogation ofthe rights granted herein; (h)it has or wild have a iease or other tliage agreement for the theater covering the
date o f the F'rigagemenr of'the performance(s), reheargal(s), and all other services Of the(:Oljlpany Ij set forth in Section 5 of this
w (I A�,reerne � M-mg the Engagement the lease or agreement wilt be in f611 force and effect and nchlict,the Presenter nor the theater
wilf be in &I'ault thereof., and such lease or agreement w611 be exhibited to the COITIPM1V Upon re(JLICSt; and(C)adnliSSi0n to the
Engagement and seating, in the theater shall be without regard to race,color, religion,national origin,sex.or sexual preference,
14 INDENINIHCATION: Except in respect to damage caused by acts of negligence on the partordic Company or Artist,
and the respective successors, assigns, officers, directors, agents and er-riployces of each of the fbregoin-. from which damage the
Company agrees to irldemilify arld hold harmless the Presenter,the Presenter shall indemnify and hold harmless the Company and
initiak(Presenter): Initials(KNir"r I n it i ak t W i t nessy
lag, 4 cif 6
KMP Artists Booking Agreement - Presenter / Venue
[lie Company, and tile respective successors, assigns,officers, directors,agents and employees of each of the tbregooing, from and
against any claims, loss, damages, injuries,. liabilities, costs and expenses. however caused, including reasonable attorneys' fees,
and court costs actually incurred, resulting from or arising out Of, Wholly or in part any breach orany represewaLicat or warranty
made by the Presenter Under this Agreement; and any act or omission of the Presenter, its agents, subcontractors, members or
employees. The express obligation shall include without limitation ail liability, damages, loss, claims, and actions on account of
personal inIjUry, death, property loss, libel, (]CfaMati011, invasion or privacy Or right of publicity, or intringennent orcopyright or
trademark.
15. TERMINATION AM) REMEDIFS:
a, Ili the event the Presenter cancels the perforniance(s) or services of the Company, breaches or deCaults, in the due
performance of this Agreement or any or its warranties,representations,or agreements hereunder-,or in the event prior to the date
of the Engagement, the Presenter has failed, neglected, or refused for any reason whatever to perform any obligation under any,
agreement with any other artist, performer, company, or attraction, or if in the sole determination of the Company.the financial
standing or credit of the Presenter has been impaired or is unsatisfactory, and SLICII CVCflu does not constitute a force Ina,jeure
event, such event shall be deemed an"Fvent of Default"and the Company shall have the right to terminate this Agreement and its
obligations hereunder.
b. The Presenter acknowledges that the Company has refused offers for other performances in older- to enter into this
Agreement and that the, Company has incurred substantial Out of pocket expenses in corinwion herewith and, therefore, agrees
that, in an Event of Default,any and roll sums payable to file Company as compensation under this Agreement be immediately due
and payable (which shall include, without limitation, the fifli En-a-cment Fee, file cost of any nonreflindable portion of travel
arrangements entered into by the Company prior of the effecOveness of'such termination. plus any other costs specified herein)
and that any and all sums paid to the Company or the Cowpany as deposits or advances shall be retained by the Company as
liquidated damages. and that file Company shall have the right to present any letter of credit furnished it for payment. The
Company shall have, in addition and not in lieu of thou rernedies set forth above, the right if there is an Event ofl)efilUlt, to
exercise all of its ri-fits and remedies aaminst the Presenter oat law or in equity. All such, rights and remedies may be exercised
cumulatively,or in the alternative at the sole discretion ofthe Cortlpany.
c. The non-arrival Of the Company caused fay any incomplete or inaccurate infOrIllati011 furnished by the Presenter,
including the information provided by the Presenter in all riders attached to this Agreement, all of which are incorporated herein,
sliali not relieve the Presenter frond the fulf-illment of its obliPtIons hereunder.
16. S(113 S ITFU FE PE R SON NFL: In the event that t 11 c Co e I 111 an y consists 0 r Persons Ot hel-than a feR t LI red petforn i er and o n e
or IllOre of such persons cannot perf"m in for away reason, the Company shall have the option either to use its reasonable efforts to
furnish a substitute of"the saille substantial artistic;qualify fear each such person, wvhich substitute die Presenter agrees to accept,or
to perfili-ni without such person, in which event the Company shall not be liable KV Such failure of any such person to perform and
such Pcrson'S ullavailabihty Shall not be treated as a torte majeure event on the part of the Company,The Coillpally will be the
WIC judge of the artistic quality OfSLICII substitutes.
17. N0'I ICES: All notices or other communications required or permitted under this Atreeirent shall be in witing and shall
be delivered personally, by facsimile or sent by certified, registered or express air mail, postage prepaid, and shall be deemed
given when so delivered personally, or by facsimile, or it'niailcd, five days after the date of friailing, to the parties as first listed
above, at such addresses Or facsimile 111.1111bers as are first listed above,Or to such other addresses as shall be furnished in writino
to the other parties,
i S. ASSICiNMEN]: Neither the Presenter Th)f the Comparly has the right to assk-m err transfer this Agretniew without the
prior written consent of the other party. Any attempted assiglinwill or delegatir>n in violation of this Section Oiall be null and void.
19. ENOLI`M LANGUA(JE, VERSION-1 While this A-reenient may be translated into- nMiller IR1141.tage the official and
bindin- version of this rlgrecnient Shall be lhis English lHugLidge Vel'Si011,
e4rl'j. t 5SUt6( C6),
ICI. MISCELLANEOUS PROVISIONS: (a) Thi -grMlient-coil St i tu Ecs tile entire Agreement betvveQii the parties and any
InItiak(Wltlless):
initials(Presenter):
pg. 5 of6
KMP Artists Booking Agreement - Presenter / Venue
prior Understandin.- or representation of artv kind preceding the date of this Agreement shall not be binding upon either party
except to the extent incorporated in this Agreement. (b) Any rnodifica6on of this Agreement or additional obligation assumed by
either party in connection with this Agreement shall be binding only il"placed in %vritin-and signed by each party or an authorized
representative ofeach party, (c) AS used in this Agreement, the word "Artist" shall include any corporation owned (partially or
wholly) or controlled (directly or indirectly) by Artist, and Artist agrees to cause any such corporation to enter into an agreement
promptly with Corilpany on the same terns and conditions are as are contained herein.(d)As used in this Agreement,"Person" or
"Party" shall inean any individual, corporation, partnership, association or other organized grOUP of persons or legal successions
or representative of the Presenter or Company, (c) Monies to be paid to Artist tinder Phis Agreement will not be assignable by
Artist Without CoMparly'S Consent, which it may Withhold in its unrestricted discretion. (f) Any coritrovers)'orclaii-narisingOLit
of or relating to this Agreement or any breach thereof shall be settled first by mediation and then, iCinedratron is Unsuccessful, by
arbitration in accordance with file RLdCS of the American Arbitration A sociation_The Parties select expedited arbitration in Texas
using one arbitrator as the sole librum For the resolution of any dispute between then. Such arbitrator shall be expeHenced in
performing arts and entertainment matters and be chosen by the mutual agreement of'the Parties. The arbitrator may make any
interim order, decision, dctertninations, or award he or she deeps necessary to preserve tile StatLIS c1110 Until he Or Site is able to
render as final order, decision, determination or award. The determination of the arbitrator in such proceeding shall be final,
binding and non-appeatable. Judgment upon the award rendered b} the arbitrator may be entered in any UOUI hawing-IjUrisdiction
thereof. The prevailing party shall be entitled to rCiTlIbUrsentent Cor costs and reasonahle attorney's fees.(K,)'File laws ofthe State
of Texas shall, govern the construction and interpretation of this Agreement. If any of the provisions of this AorQeTnent shall
contravene, or be invalid under, the laws ofthe State orTexas, SUCh Contravention or' invalidity shall not invalidate this entire
Agreement, but it shall be construed is W not containing the particillar provision or Provisions held to be invalid, arid, the rights
and obkgations of'the parties shall be conitrUCL1 and enforced accordingly. (h) The failure Of either party to this Agreement to
insist Llt)On the performance of any of the terms and conditions ol'Oiis Agreement,or the waiver ol'any broach ofany of the terms
and conditions of this A-reerrew_ shall not be construed as thereafter waivin- any such terns and conditions,but the same shall
continue and remain in full force and effect as if no such forbearance or waiver had occurred.(i)The Parties hereto Stipulate and
agree that the rule Of C0rStrLlCtiQn to the effect that any ambiguities are to be or may be resolved against the drafting Party shall
not he employed in the; interpretation of this Agreement to flavor any, Party against another.
I P_
IN WITNESS WHE(2EOF,the parties hereto have executed this Ar"juent as of the date first above written.
FOR Presenter: FOR CC)MPANY: FO WITNESS:
Andrew M Deficata
Print Name: 1'r int Namj: Prinlr Name:
Sion at U re: rlatUre�
L, (�_A, j,_ Siv I .......
Date: , Date: 4/18/2017 Date:
--------------
I n itia Is f Presenter): lnitiak((rNJP): hlilkds 0A itness):
6 oft.)