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HomeMy WebLinkAboutPK18-179 - Original - Royal Jelly Jive - Royal Jelly Jive c/o Matt Greenhill- Contract - 03/30/2018 R, ecords M K �' Document 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: Royal Jelly Jive, C/o Matt Greenhill, FLi Artist Vendor Number: 1745831 JD Edwards Number Contract Number: pK1 $ - )I This is assigned by City Clerk's Office Project Name: Kent Summer Concert Series Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment M Contract ❑ Other: Contract Effective Date: 3/30/18 Termination Date: 08/09/18 Contract Renewal Notice (Days): 30 Number of days required notice for termination or renewal or amendment Contract Manager: Calleen Bidman Department: Parks, Cultural Proqrams Contract Amount: $2.700.00 Approval Authority: M Department Director ❑Mayor ❑City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Thursdays at the Lake - August 9, 2018 ........... . ....... ........... --- _ ....., adccW10877„8_.14 V . d " L &72,� KENT CONTRACTOR SERVICES AGREEMENT between the City of Kent and Royal Jelly Jive THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Royal Jelly Jive, c/o Matt Greenhill, FLi Artist located and doing business at P.O. Box 7003, Santa Monica, CA 90406 (hereinafter the "Contractor"), I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: Description: Royal Jelly Jive will present one performance as part of the Kent's Summer Concert Series. Start Time/Duration/Stop Time: 7 p.m./90 minutes, one set straight through or two sets with a short break/8:30 p.m. Day, Date, Year: Thursday, August 9, 2018 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$2,700 for the work to be performed under this Agreement, by City of Kent check on the day of the performance. $405.00 deposit will be paid, by City of Kent check, to FLi Artists upon complete execution of the contract. The balance of$2,295.00, as well as a dinner buy-out of $120, will be paid, by City of Kent check, to Lauren Bjelde 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 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. CONTRACTOR SERVICES AGREEMENT - 1 (Under$10,000—Sole Performer) 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. Vll. 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. Rosolutlon of DESnuteS and Governing Lamy. 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 Owsaall for damages arising from the parties'performance of this Agreement, each party shall pay all its legal COSts and OHOrney's fees incurred in defending or bringing such ciairra or lawsuit, in addition to any Other rECCiVGfydr aIProvided CONTRACTOR SERVICES AGREEMENT-2 (Gi1Cka�8'aLy t`14'M1...,5'r)1m G'grhdrmft� by law; rn� vided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. E. Wrntten 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. Assu nment. Any assignment of this Agreement by either party without the written consent of the non- assigning party shall be void. It 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. C. 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. Entlire Aoreentent. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. I. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or arising out of the performance of this Agreement. IN WITNESS, the parties below execute this Agreement,which shall become effective on the last date entered below. CONTRACTOR: • CITY OF KENT: By By: Prink ame: _ Folklore, Inc. Print Name: Lori Ho an Its Attcarn -in-B`ack ts', Su erunterrdertt Re n Cultural Servuces (lrll DATE; DATE: 3• !.Y NOTICES TO BE SENT T0: ®_��.......... ._ NOTICES TO BE SENT T0: ................. CONTRACTOR: CITY OF KENT: Folklore, Inc. Ronda Billerbeck, Cultural Programs Manager sarla MWiCo,CA DU40s,7003 City of Kent 220 Fourth Avenue South Kent, WA 98032 -7 (telephone) csimile) (253) 856-5050 (telephone) Y (253) 856-6050 (facsimile) ("OlvTrtAC I OR SrE•RViCES AGREEMENT-3 (CAy�/or JC✓U,r7G&a—,S'tJ1ta r'4lYnnnerr EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS No Insurance is required for this Contract. CON VRAC'r't,7R SERVICES AGREEMENT-4 /uirrr✓ar,�lT�tivtac�_.Su/n F,�r✓c+m�rJ RA: MG FL, zR L ROTGz Mitchell Greenhill, President Matthew Greenhill, Vice-President Music Representation-The Roots B The Branches Established 1957 by Manuel Greenhill CONTRACT I I IIS CON RACI for the personal services of musicians on the engagement described below is made this December I,2017, between the undersigned purchaser of music(herein called"Purchaser")and the undersigned musician or musicians. I.Name and Address of Place of Engagement: KENT SUMMER CONCER"1 SERIES,THURSDAYS AT THE LAKE; LAKE MERIDIAN PARK, 14800 SE 272No ST, KEN 1, WA 98042 Name of artist: ROYAL JELLY JIVE Number of musicians: SIX 2. Date(s)of Engagement: 'II IURSDAY, AUGUST 9,2018; ONE 90-MIN SET OR"I WO 40-MIN SETS A'F 7:00 P.M. [LOAD-IN/SOUNDCI IECK AT 5:00 P.M.] 3.Type of Engagement: CONCERT 4.Compensation Agreed Upon: $2,700.00 FLAT 5. Purchaser Will Make Payments As Follows: RETURN SIGNED CONTRACTS AND RIDERS WITH$405.00 DEPOSIT TO FLi ARTISTS NO LATER THAN 12/22/2017; BALANCE IN FULL TO LAUREN BJELDE ON DAY OF SHOW;IF%IS DUE TO ARTIST THEN PLEASE SEND SETTLEMENT SHEET(REQUIRED BY IRS) TO FLi AR TISTS VIA EMAIL IMMEDIA TEL Y FOLLO WINGSHOW (MARYC&FLIARTISTS.COM) 6. No performance on the engagement shall be recorded,reproduced or transmitted from the place of performance,in any manner or by my means whatsoever,in the absence of a specific written agreement. 7, The agreement of the musicians to perform is subject to proven detention by sickness,accidents,riots,strikes,epidemics,acts of Clod, or any other legitimate conditions beyond their control, IN WITNESS WI IEREOF,the parties hereto have hereunto set their names and seals on the day and year first above written. LORI HOGAN M, ROYAL JELLY JIVE THE CITY OF'KENT,WAS]IINGTON kmS) ....._ ..__ ..�. �& /I"i v nhu Signatory Musician rr of Presenter(orAgent thereof)& Date Signature of Signatory Mu.sicrmr(or Agen( thereof) A] IN: RONDA BILLLRBECK c/o FLi ARTISTS 220 4rn AVE. S. POST OFFICE BOX 7003 KEN'1, WA 98032 SANTA MONICA CA 90406-7003 BUSINESS: (_53 So6 5055 CELL 206 -�' 0) �a ) - (_ )450-7203 - � PHONE(310 451-0767 FAX(310)664-0767 EMAIL: rhillerbeek,14kentwa.gov EMAIL info(rifliartists.com WEB, www.kemarts.com WEB wwwAliartists.com MERCH: 1009/.to artist TECH ADV: Dan Mortensen,dansoundine(a.)grmail.eom ARTISTADV:Marty Wiggins am,ip,r',IL,t4Ciyltrcunt]l>clavc ysgia: Lauren ANNOUNCE DATE ,,�,I,,r(pk I naihcom_ 13 uld�.ho ¢rl ally ivr.(n7 ben we can announce a(henvise me wit!nnrroun , n ni POST OFFICE BOX 7003, SANTA MONICA CA 90406-7003 (310)451-0767 FAX 664-0767 info@fliartists.com www.fliartists.com THIS RIDER TO BE ATTACHED TO AND MADE PART OF THE SECOND OCTAVE TALENT AGENCY CONTRACT DATED BETWEEN: Royal Jelly Jive HEREINAFTER REFERRED TO AS THE ARTIST AND HEREINAFTER REFERRED TO AS THE PURCHASER PLEASE READ THIS RIDER CAREFULLY.IT 1S AN ESSENTIAL PART OF THE ATTACHED CONTRACT FOR A PERFORMANCE BY THE ARTIST. BY SIGNING IT,YOU ARE AGREEING'I0 SUPPLY THE ARTIST WITH CERTAIN EQUIPMENT AND WORKING CONDITIONS WHICH ARE ESSENTIAL TO THEIR PERFORMANCE. ANY BREACH OF"CI IE'PERMS OF THIS RIDER IS A BREACH OF THE CONTRACT AND MAY CAUSE THE ARTIST TO CANCEL THE PERFORMANCE WITHOUT RELEASING YOU FROM YOUR OBLIGATION TO PAY THEM. 1. ARTIST SHALL RECEIVE HEADLINE BILLING ON ALL ADVERTISING,POSTERS, FLYERS, PROGRAMS AND TICKETS.FOR FESTIVALS, EQUAL BILLING. BILLING: WITHOUT EXCEPTION,VARIATION OR DIFFERENTIATION,ARTIST SHALL RECEIVE 100%SOLE HEADLINE BILLING AS FOLLOWS: "Royal Jelly Jive" �� U I n o ��a5 O'�� �.�N�YY 1,-j 2, PURCHASER SHALL MAKE AVAILABLE AT I'tJ'RCI-I'. 'S EXPENSE ONE OR TWO SEC CLEAN AND PRIVATE DRESSING ROOMS THAT W ,„ COMFORTABLY ACCOMMODATE SIX PERSONS.DRESSING ROOMS SHALL BE CLE 7RY, WELL LIT,AIR-CONDITIONED,OR HEATED,CONTAIN ONE LARGE MIRRD D CHAIRS AND BE WITI IIN EASY ACCESS TO CLEAN AND PRIVATE LAVA"T0R,[F OTELROOMISOKIFPERFORMANCEISONHOTEL SITE. 3.PURCHASER IS TO PROVIDE AT OWN EXPENSE EACH EVENING OF PERFORMANCE: 6 HOT MEALS( VEGETARIAN) OR MEAL BUYOUT IN THE AMOUNT OF$20 00 PER PERSON BEFORE ING LE FOR PERFORMANCE. PLEASE I:L.IX43'I:1'� BOLLND�DFIL,I MEATS RAYJD1d�3.ONE .CASE �rl� SI'RIN<.i Wt18B R,'1'I9 c 0, TO r. 4� k vi 4. PURCHASER WILL MAKE AVAILABLE TO ARTIST, 12 COMPLIMENTARY SEATS PER SHOW, SEATS SHOULD BE IN PREFERRED LOCATIONS AND ARTIST OR HIS/HER REPRESENTATIVE " WILL CONTACT BOX OFFICE NO LATER THAN THE AFTERNOON OF THE SHOW AS TO HOW MANY OF THE COMPS WILL BE USED. 5. PURCHASER AGREES NOT TO COMMIT THE ARTIST TO ANY PERSONAL APPEARANCES, INTERVIEWS OR ANY TYPE OF PROMOTION WITHOUT THE PRIOR CONSENT OF THE ARTIST OR THE ARTIST'S REPRESENTATIVE. 6. ARTIST RESERVES THE SOLE AND EXCLUSIVE RIGHT TO DETERMINE THE CONTENT OF THE PERFORMANCE. 7. PURCHASER SHALL NOT PERMIT AND WILL PREVENT"FHE AUDIO RECORDING,FILMING, VIDEOTAPING AND PHOTOGRAPHING,OR TRANSMISSION OF ANY TYPE,OF THE ARTIST'S PERFORMANCE WITHOUT THE PRIOR WRITTEN CONSENT OF THE ARTIST,NOR THE MANUFACTURE,DISTRIBUTION AND/OR SALE OF ANY AND ALL SOUVENIR ITEMS ASSOCIATED WITH THE ARTIST OR THE ARTIST'S PERFORMANCE, WITHOUT TI LE ARTIST'S WRITTEN APPROVAL. 8.IN THE EVENT OF A CONFLICT,ARTIST MAY CANCEL THE ENGAGEMENT WITHOUT LIABILITY BY GIVING THE PURCHASER AT LEAST SIXTY(60) DAYS WRITTEN NOTICE. ll. TECHNICAL AGREEMENT PURCHASER SHALL FURNISH THE FOLLOWING AT THEIR SOLE COST STAGING REQUIREMENTS 1. STAGE MUST BE A MINIMUM OF 25' WIDE BY 16'DEEP.THE SURFACE MUST BE SMOOTH AND FREE OF CRACKS AND[TOLES. STAGE CRACKS AND HOLES MUST BE FILLED IN AND NOT JUST COVERED BY CARPET. 2.IF TI IE PERFORMANCE IS HELD OUTDOORS STAGE MUST BE COVERED. STAGE COVER SHOULD ADEQUATELY PROTECT STAGE FROM THE OUTSIDE ELEMENTS. THERE MUST BE A MINIMUM OF TWENTY(20)FEET FROM STAGE FLOOR TO STAGE TOP, AN ADEQUATE SUPPLY OF VISQUEEN OR TARPS MUST BE AVAILABLE IN THE EVENT OF RAIN TO COVER ALL BAND, STAGE, SOUND, AND LIGHTING EQUIPMENT.ARTIST WILL NOT PLAY ON A WET STAGE. 3.THERE ARE TO BE STEPS PLACED BOTH STAGE LEFT AND STAGE RIGHT FOR ACCESS TO THE STAGE FROM GROUND LEVEL. STEPS SHOULD BE STURDY, WITH HANDRAILS SOUND REQUIREMENTS PURCHASER SHALL PROVIDE,A COMPLETE CONCERT SOUND REINFORCEMENT SYSTEM. THIS SYSTEM SHALL BE PROVIDED BY AN EXPERIENCED"LIVE PRODUCTION"CONTRACTOR INCLUDING TWO OPERATORS,FAMILIAR WITH ALL ASPECTS OF THE SYSTEM,TO BE APPROVED BY THE ARTIST'S SOUND ENGINEER OR PRODUCTION COORDINATOR,AND TO INCLUDE THE FOLLOWING: 1. ONE(1)PROFESSIONAL QUALITY FRONT OF HOUSE MIXING CONSOLE WITH A MINIMUM OF THIRTY TWO,(32)INPUIS (24 INPUTS IF THERE IS NO OPF,NING AC'1 OR IF THE OPENING ACT REQUIRES 4 INPUTS OR LESS).FRONT OF HOUSE SHALL ALSO INCLUDE ONE DIGITAL DELAY AND ONE DIGITAL REVERE UNIT. 2. A STEREO 3 OR 4 WAY TRI-AMPLIFIED OR QUAD AMPLIFIED SPEAKER SYSTEM CAPABLE OF PROVIDING CLEAR,UNDISTORTED SOUND THROUGHOUT THE LISTENING AREA WITH AN UNEQUALIZED RESPONSE OF 40 HZ TO 18 KHZ+OR-3 DB.THE SOUND SYSTEM SHALL INCLUDE A 1/3 OCTAVE EQUALIZER FOR EACH SIDE OF THE STEREO ARRAY AND SHALL BE CAPABLE OF PRODUCING 105-DBC SPL WITH NO AUDIBLE DISTORTION AT THE MIXING DESK. 3. ONE(1)24 CHANNEL MONITOR MIXING CONSOLE WITH A MINIMUM OF FIVE(5)DISCRETE MIX BUSSES.IF A SEPARATE MONITOR-MIXING CONSOLE IS NOT FEASIBLE THE FRONT OF HOUSE CONSOLE MUST HAVE A MINIMUM OF 4 DISCRETE,PRE-FADER AUXILIARY MIX BUSSES IN ADDITION TO TWO POST FADE AUXILIARY BUSSES FOR EFFECTS. 4. A PROFESSIONAL QUALITY STAGE MONITOR SYSTEM WITH A MINIMUM OF 5 DISCREET MIXES AND A MINIMUM OF 6 PROFESSIONAL, BI-AMPLIFIED MONITOR WEDGES. EACH MIX MUST HAVE A 1/3 OCTAVE GRAPHIC EQUALIZER AND PROVISION FOR THE OPERATOR TO LISTEN TO EACH MIX POST-EQ. 5. ARTIST'S SOUND ENGINEER SHALL HAVE, AT HIS DISCRETION, SOLE USE OF THE INPUT CHANNELS AND CONTROLS HE DEEMS NECESSARY FROM SOUND CHECK UNTIL THE END OF THE SHOW. 6. MICROPHONES,DI'S,CABLES AND MICROPHONE STANDS AS PER THE ATTACHED STAGE PLOT. 7. THE SOUND SYSTEM PROVIDER SHALL FURNISH A SYSTEM TECHNICIAN TO SET-UP AND TROUBLE SHOOT THE SYSTEM AND AN ENGINEER TO MIX MONITORS FOR SOUND CHECK AND THE lE SHOW. 2 LIGHTING REQUIREMENTS 1. PURCHASER SHALI. PROVIDE AN Y FOR A LIGHTING SYSTEM A _;QUATE TO ILLUMINATE PERFORMANCE A ,A AND CAPABLE OF BEING DIMMED AND FOCUSED AT THE DISCRETION OF ARTIST'S']'- R MANAGER. 2.THE LIGIICING SY " 3M PROVIDER SHALL FURNISH AN OPERATOR TO SET-UP,FOCUS AND OPERATE THE SYS �.M. POWER REQUIREMENTS I. IT IS THE RESPONSIBILITY OF THE LOCAL SOUND AND LIGHTING COMPANIES TO MAKE ARRANGEMENTS FOR THEIR RESPECTIVE POWER NEEDS. THE SOUND CONTRACTOR SHALL PROVIDE,IN ADDITION TO HIS OWN ELECTRICAL REQUIREMENTS, POWER DISTRIBUTION FOR ARTIST'S STAGE EQUIPMENT CONSISTING OF A MINIMUM OF FOUR(4) 120VOLT,20 AMPERE CIRCUITS TERMINATED IN HOUSEHOLD(EDISON)QUAD RECEPTACLES ACCORDING TO ATTACHED STAGE PLOT. 2.THE ELECTRICAL SERVICE MUST BE PROPERLY GROUNDED ACCORDING TO THE NATIONAL ELECTRICAL CODE AND PROPER POLARITY MUST BE OBSERVED. FLY RIDER INSTRUMENTS AND TRANSPORTATION % 1. ARTIST IS TO APPEAR MUSICALLY SELF-CONTAINED. I EV „ IN THE EVENT THAT ARTIST FLIES TO THE ENGAGEMENTy> -R.1"ffkSFR WILL. PROVIDE BAND EQUIPMENT AND GROUND TRANSPORTATION O t.IBV ME9v LAND ARTIST PERSONNEL AT NO COST TO ARTIST. GENERAL TERMS 1. PURCHASER AGREES TO PETITION AND ARRANGE FOR ALIEN EMPLOYMENT CERTIFICATION AND FOR TEMPORARY WORK VISAS *IF THIS 0A7F 1S OUTS11)E U.S. BORDERS. 2. PURCHASER AGREES TO NOT,UNDER ANY CIRCUMSTANCES,DEDUCT ANY MONEYS WHATSOEVER FROM THE AGREED UPON PAYMENTS DUE TO THE ARTIST UNDER THIS AGREEMENT,INCLUDING ANY STATE OR FEDERAL TAXES OF ANY KIND. 3.ANY PROPOSED ADDITIONAL TERMS AND/OR CONDITIONS WHICH MAY BE AFFIXED TO THIS CONTRACT AND RIDER BY THE PURCHASER DO NOT BECOME A PART OF THIS CONTRACT UNTIL AGREED TO,AND SIGNED BY THE ARTIST. BY SOLE ACT OF SIGNING, PURCHASER READILY ACCEPTS ALL PROVISIONS OF THE ARTIST'S CONTRACT,REGARDLESS OF ANY ADDITIONS OR DELETIONS HE MAY ATTEMPT TO MAKE. 4. PURCHASER AGREES TO PROVIDE ALL NECESSARY GROUND TRANSPORTATION.THIS INCLUDES BUT IS NOT LIMITED TO:AIRPORT'10 HOTEL AND RETURN TO AIRPORT OR AUTOMOBILE RENTAL SITE *IF THF.ARTIST IS FLYING/NAND OUT OF THE NIARKF_T. 5. FOR ALL ENGAGEMENTS OUTSIDE OF THE BORDERS OF THE USA PURCHASER IS TO REIMBURSE ARTIST FOR ANY AND ALL EXCESS BAGGAGE COSTS RELATED TO ANY FORM OF AIR OR GROUND TRAVEL. 6. IF ENGAGEMENT IS SCHEDULED TO BE HELD OUTDOORS, PURCHASER MUST PROVIDE A SUITABLE ALTERNATE INDOOR LOCATION IN CASE OF COLD OR INCLEMENT WEATHER. ARTIST HAS THE SOLE AND EXCLUSIVE RIGHT TO DETERMINE IF WEA"THER CONDITIONS CONSTITUTE A SAFETY HAZARD. SHOULD INCLEMENT WEATHER CONDITIONS OCCUR AND NO INDOOR LOCATION HAS BEEN PROVIDED OR IF IT BECOMES NECESSARY TO HALT A PERFORMANCE DUE TO INCLEMENT WEATHER,THEN ARTIST SHALL BE ENTITLED TO FULL COMPENSATION AS AGREED UPON. 3 7. CANCELLATION OF THE PERFORMANCE(S)BY THE PURCHASER FOR ANY REASON WITHIN 60 DAYS OF THE ENGAGEMENT SHALL NOT RELIEVE THE PURCHASER OF THEIR DUTY TO PAY THE ARTIST IN FULL. 8. PURCHASER MAY NOT ADVERTISE THIS ENGAGEMENT IN ANY FORM UNTIL THIS CONTRACT HAS BEEN FULLY EXECUTED AND ALL REQUIRED DEPOSITS HAVE BEEN RECEIVED FROM PURCHASER BY THIS AGENCY. 9. ONLY PHOTOGRAPHS AND PUBLICITY MATERIALS SENT TO THE PURCHASER BY ARTIST OR ARTIST'S REPRESENTATIVE SHALL BE USED IN PUBLICIZING THE ENGAGEMENT. 10.ARTIST RESERVES THE RIGHT OF APPROVAL OF ALL RADIO,TELEVISION AND NEWSPAPER INTERVIEWS MADE IN CONJUNCTION WITH THIS PERFORMANCE. TELEVISION, RADIO AND PRESS INTERVIEWS MUST BE CLEARED IN ADVANCE WITH ARTIST'S REPRESENTATIVE. 11.THERE SHALL BE NO SIGNS, PLACARDS, BANNERS OR OTHER ADVERTISEMENT MATERIALS ON OR NEAR'IHE STAGE DURING THE ENTIRE PERFORMANCE,NOR SHALL ARTIST'S APPEARANCE BE SPONSORED BY OR IN ANY MANNER TIED 1N WITH ANY COMMERCIAL PRODUCT(S)OR COMPANY(IES)WITHOUT THE EXPRESS WRITTEN CONSENT OF ARTIST. 12. NAME OF ARTIST MAY NOT BE USED OR ASSOCIATED DIRECTLY OR INDIRECTLY WITH ANY PRODUCT OR SERVICE WITHOUT THE EXPRESS WRITTEN CONSENT OF ARTIST. CO- PROMOTIONS AND/OR CO-PRESENTS WITH ANY RADIO,TELEVISION, MEDIA OR COMPANY MUST BE CLEARED WITH ARTIST'S REPRESENTATIVE IN WRITING PRIOR TO COMMITMENT, 13.ARTIST RESERVES THE RIGHT TO SELL ARTIST RELATED MERCHANDISE AND RECEIVE 100%OF THE PROCEEDS. PURCHASER WILL PROVIDE DESIGNATED AREA FOR SALES AND PROMOTIONS. 14. PURCHASER SHALL BE HELD LIABLE FOR ANY INJURY OR DAMAGES TO ARTIST OR ARTIST'S PROPERTY WHILE ON THE PREMISES OF SAID PLACE OF ENGAGEMENT, UNLESS SUCH INJURY OR DAMAGE IS CAUSED BY ARTIST OR ARTIST'S ORGANIZATION. AGREED AND ACCEPTED: PINf� hSl R ARTIST OR REPRESENTATIVE I4