HomeMy WebLinkAbout07-0504 Buckinghams 216 East'75th Street Tel: (212)879-5900
New York, NY 10021 PARADISE ARTISTS, LTD. Fax: (212)879-0668
CONTRACT#: 24634
Friday, May 4, 2007 municipal
�A reeme t made this date,NA,,,JAy,r�b,ua,y S,200?by and between f/s/o Buckingham's Music Ltd. (l}erina er referred to as Artist)and City of ElginIthe—
gerinafter referred to as Purchaser). It is understood and mutually agreed that the Puchase &r3&' s the Artist to perform the following
engagement upon all the terms and conditions hereinafter set forth:
ARTIST(S): The Buckinghams 100%HEADLINE BILLING
VENUE: Elgin Festival Park 132 S.Grove,
Elgin, IL 60120 Phone:847-931-5905 Fax: 847-931-5940
DATE(S): Sat.August 4, 2007
at leas
Artist to perform one(1)show�y^p-9-rn-ioly 75 minutes in length.
TYPE: Free Show
Quantity Grs Price Cmp/Kls Deduct Net Price Discrptn No. Days/Shws: 1/ 1
TICKETS: 3,000 Free Show Timers]: ,gay 9pm
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GP: $0.00 Capacities Merchandising
Tax: Per Show:3,000 Artist sell: 80/20 % 100% Purchaser shall not sell
Net: $0.00 Total tkts: 3,000 Build sell:
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TERMS: $8,000.00 Flat 6 aptwa— �'
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ADDITIONAL
PROVISIONS: Purchaser shall provide and pay for,as per Artist's specifications and approval,at no cost to Artist,any and all rider requirements.
No merchandise percentage subtracted on sale of Buckinghams CD's.Purchaser to provide and pay for sound and lights to meet with
Artist's specifications and approval.The deposit will be non-refundable if any provision of this contract and rider are breached by the
purchaser.
s
Deposit check made payable to.
PAYMENT S: $4,000.00 US de.osit to Paradise Artists,due by: Fcbruory 23,200? PARADISE ARTISTS
The balance of the guarantee($4,000.00)shall be paid to Artist or Artist's representative immediately prior to the performance via cash,
City of Elgin check.
Artist's certified/cashier's checks should be made payable to f/s/o Buckingham's Music Ltd.
Paradise Artists,Ltd.Bank Wire Information Wells Fargo Bank ABA#: 121-000-248 Account#:0904-582038
202 E.Matilija Street,Ojai,CA 93024
His expressly understood by the Purchaser(s)and the Artist who are party to this contract that neither Paradise Artists, Inc. nor its officers nor its
employees are parties to this contract in any capacity and that neither Paradise Artists, Inc.nor its officers nor its employees are liable for the
performance breach of any provisions contained herein.
This contract shall not be binding unless signed by all parties hereto. Should any Rider,Addendum and/or Expense sheet be annexed to this
Agreement it/they shall also constitute a part of this agreement and shall be signed by all parties to this contract. In the event of a conflict
between any such attached Addendum and/or Rider and this Agreement,the attached Addendum and/or Rider,as applicable,shall govern.
IN WITNESS WHEREOF,the parties have executed this Agreement on the date first above written.
f/s/o Buckin am's Musi td. City of Elain-The Hemmens
Carl Gi re / ed ID#: 36-3333489 Sean-Stegall( /
C/ e Artists, td. 150 Dexter Court 4..zu
216 East 75t Stre- Elgin, IL. 60120
New York, NY 10021 847-697-3616 Fax: 847-931-5940
BOOKING AGENT: Steve Schenck CONTACT: Bill Folk
Return all copies to:Paradise Artists,Ltd.
this contract on behalf of Artists personally guarantees
I.Person signing they are authorized to do so.
2.No performance of the engagement shall be recorded,reproduced,or transmitted from the place of the performance,in any manner or by any means whatsoever,in
the absence of a specific written agreement with the Artist.
3.Artist shall receive 100%top billing in all advertising,lights,displays,radio,marquees,programs,and any and all other advertising and publicity media.
4.Should inclement weather render performance impossible or not feasible,Purchaser shall nevertheless pay Artist(s)full compensation as provided herein.
5. A II nprning/cnppQrl attrartinDs shall hp snbjrrt to A rtict'c prior utrittrn apprnval anti chali hp Paid fnr by Purr•hacvr
Kane Count ,,Illinois
s-4 6.Any claim or dispute arising out of or relating to this agreement or the breach thereof shall be settled by arbitration in Longoles ahfomia in accordance with the
rules and regulations then obtaining of the American Arbitration Association governing three-member panels.The parties hereto agree to be bound by the award in such
arbitration and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
ADDITIONAL TERMS AND CONDITIONS:
I.ARTIST'S NAME OR LIKENESS MAY NOT BE USED AS AN ENDORSEMENT OF ANY PRODUCT,SERVICE OR COMPANY IN CONNECTION WITH
ANY COMMERCIAL TiE-UP WITHOUT ARTISTS PRIOR WRITTEN CONSENT.
2.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 iN OR DELAY OF TRANSPORTATION SERVICES,WAR CONDITIONS OR EMERGENCIES OR ANY CAUSE
BEYOND THE CONTROL OF ARTIST,IT IS UNDERSTOOD AND AGREED THAT THERE
SHALL BE NO CLAIM FOR DAMAGES BY EITHER PARTY TO THIS CONTRACT AND ARTISTS 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,THE MONIES(IF ANY)ADVANCED TO ARTIST HEREUNDER SHALL BE RETURNED ON A PRO-
RATA BASIS.INCLEMENT WEATHER RENDERING PERFORM NOT T1l AA
IA NQ dk FEASIBLE SHALL �
.BE DEEMED AN EMERGENCY AND' 'ram sue* r'r ^�'' "r,vccn rror�� IPENSATION
NOTWITWSTANBING.IF PURCHASER AND ARTIST(S)DISAGREE AS TO WHETHER RENDITIe,
PERFORMANCE(S)IS IMPOSSIBLE OR NOT FEASIBLE BECAUSE OF INCLEMENT WEATHER, 1•�.S DETERMINATION AS TO PERFORMANCE
SHALL PREVAIL. IN THE EVENT OF SUCH CANCELLATION, ALL DEPOSITS SHALL BE REFUNDED TO CITY UPON THIRTY (30) DAYS
WRITTEN DEMAND.
3.IF,ON OR BEFORE THE DATE OF ANY SCHEDULED PERFORMANCE,PURCI IASCR HAS FAILED,NEGLECTED OR REFUSED TO PERFORM ANY
CONTRACT WITH AI W OT-HER-PERFORMER FOR AN-Y EARLIER ENGAGEMENT,OR IT TILL FINANCIAL STANDING OR CREDIT OF PURCHASER
I lAS BEEN IMPAIRED OR IS UNSATISFACTORY,ARTIST SI IALL ILAVE TiIE RICIIT TO DEMAND TILE PAYMENT OF THE GUARANTEEE-
COMPENSATiON FORTHWITH.IF PURCHASER FAML,S OR REFUSES TO MAKE SUCH PAYMENT FORTHWITH,ARTIST SHALL WAVE THE RIGHT TO
CANCEL THiS ENCACEMENT 1W NATICE -PURCI}*CER T&PIIAT EFFECT,AND III,SUCII EVENT,ARTIST SIIALL RETk1N-*HY AMOUNT6
THERETOFORE PAiD TO ARTISTS BY PURCHASER.
4.ARTIST SHALL HAVE THE RIGHT TO SELL SOUVENIR ITEMS,INCLUDING BUT NOT LIMITED TO T-SHIRTS,BOOKS,PHOTOGRAPHS,AND
RECORDINGS ON THE PREMISES OF THE PLACE(S)OF ENGAGEMENT WITHOUT ANY PARTICIPATION iN THE PROCEEDS BY PURCHASER
SUBJECT,HOWEVER,TO CONCESSIONAIRE'S REQUIREMENTS,IF ANY.
5.IT iS AGREED THAT ARTIST SIGNS THIS CONTRACT AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE.ARTIST SHALL HAVE
EXCLUSIVE CONTROL OVER THE MEANS AND METHODS EMPLOYED IN FULFILLING EACH OBLIGATION OF ARTIST HEREUNDER,IN ALL
RESPECTS AND IN ALL DETAILS,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.
6.PURCHASER SHALL PAY ALL COSTS OF ANY ADDITIONAL ARTIST AS MAY DE REQUIRED DY ANY JURISDICTIONAL AUTHORITY,OTHER
THAN THOSE ARTISTS F8RNISI IEB A3-PhR-T @f kR fSW'3-RCOtILAR OROUB.
7.IT IS EXPRESSLY AGREED BY THE PARTIES HERETO THAT PARADISE ARTISTS,INC.IS ACTING AS AGENT FOR ARTIST,SOLELY IN
CONNECTION WiTH THE ARTISTS LIVE PERFORMANCE AND THAT PARADISE ARTISTS,INC.SHALL NOT BE HELD RESPONSIBLE OR LIABLE
FOR ANY ACT OR OMISSION ON THE PART OF EITHER ARTIST OR PURCHASER IN CONNECTION WITH THIS AGREEMENT OR THE LIVE
PERFORMANCE BY ARTIST AS CONTEMPLATED HEREIN.IT iS FURTHER AGREED NEITHER PURCHASER NOR ARTIST WiLL NAME OR JOiN
PARADISE ARTISTS,INC.AS A PARTY IN ANY CIVIL ACTION OR SUiT ARISING OUT OF,IN CONNECTION WITH,OR RELATED TO THiS
AGREEMENT.
8.THIS CONTRACT CANNOT BE ASSIGNED OR TRANSFERRED WITHOUT THE PRIOR WRITTEN CONSENT OF ARTIST.IT CONTAINS THE
COMP ETE 1 NDERST A NDINC OF TI E n A nTIEE HER CTO AND AA A Y NOT B AAA /.DED
S
CONTRACT iS NOT BINDING UPON TI iC PARTIES UNTIL EXECtiTLD AND DELIVERED BY ARTIST OR HIS HEBIGNEE TO PURCHASER.TI It
TERMS"ARTIST"AND"PURCHASER"A3 USED HEREIN SIIALL INCLUDE AND APPLY TO THE SINGULAR AND-THE PLURAL AND TO ALL
CEPIDERS.
SIGNATURE F)U DATE
This rider is attached to and hereby made part of the contract dated
between Carl Giammarese F/S/O The Buckinghams TM (hereafter known as "Artist") and
(hereafter known as "Purchaser").
All terms and provisions in this rider and in the contract to which it is attached are part of one
and the same contract and are referred to herein as the "Contract". Signing this contract verifies
that all conditions and previsions of this contract will be met. No part of this contract may be
altered or deleted without the express written consent of:
Date Coordinator:
Susan Raids
(773) 254-5090 (phone)
(773) 254-6672 (fax/when using,you may have to dial *51 for fax to pick up)
(312) 909-5890 (cell phone)
1. The Buckinghams shall receive 100% "Star Billing in all publicity and advertising including,
but not limited to, billboards, flyers, programs, newspaper ads, radio and television ads, etc.
2. Stage must be no less than forty (40) feet wide, by twenty-four (24) feet deep, by three (3) feet
high, or a suitable height relative to the venue. A "Carpeted" drum riser twelve (12) feet wide, by
eight (8) feet deep, by twenty-four (24) inches high, well secured to the stage and positioned
according to the stage plot must be provided. A secured staircase to the audience should be
center stage.
3. A roof, sufficient to provide protection to the stage, the Artist, the Artist's equipment and the
Artist's working crew must be provided at all outdoor venues irrespective of forecasted weather
conditions. This roof is to be provided at no cost to the Artist, etc.
4. The front of the house (F.O.H.) mix console should be placed two thirds (2/3) of the way back
in the house aw i ' font of„no i ack (right f e ter) The monitor console, either stage right or
left, or if necessary, it may be exposed to the audience. Isolated power to four (4) quad boxes (110
volts/20 amps per box) are required within access of the stage amplifier line.
5. Purchaser will supply an engineer to operate the Front Of House console unless otherwise
notified. A house or sound company employee will mix monitors for both the sound check and
the performance(s). In addition, the house or sound company will provide personnel to trouble
shoot sound problems during sound check and performance(s).
6. Purchaser will provide two (2) experienced stage hands to assist Artist's staff in setting up,
tearing down, unloading, and loading, before and after the performance(s).
two ( ) pours
7. The Artist will have full access to the place of performance at least our (1) noun(prior to the
start of the first performance(s). This access should include the venue and the dressing rooms.
8. SOUND EQUIPMENT, LIGHTS AND BAND GEAR: Purchaser will provide a first-class real
"ROCK-N-ROLL" Public Address System consisting of the following equipment:
Page 1 of 6
THE BUCKINGHAMS
A. F.O.H./FRONT OF HOUSE MIX: Thirty-two (32) channels of mix on one (1) main frame
console with at least six (6) submixes. (No Multi-Mixing Board Configurations) This console
should have at least four (4) effect sends and four (4) bands of EQ per channel. This must be a
professional mixing board. (NO Tapco, Peavey or Shure, Please!)
B. F.O.H./EFFECTS/SIGNAL PROCESSING: Effects rack F.O.H. with the following devices:
1. Two (2) 1/3 octave EQs patched into house console left and right.
2. Two (2) DBX 160X compressors patched into house console left and right.
3. One (1) DBX 900 rack compression/limiting/gating.
4. One (1) Lexicon PCM 60 or Lexicon PCM 70.
5. One (1)Yamaha REV 7 or Yamaha REV 5.
6. Two (2)Yamaha SPX 900's or Yamaha SPX 1000's.
7. One (1) Cassette tape/CD deck capable of recording from the front console.
C. F.O.H. SPEAKERS: Speaker stacks (at least TRI-AMPED with no horn loaded mids) large
enough to reach a sound pressure level of 115 dB without pushing the front console past
+6 with a frequency range of 45hz to 18,500 Hz. This sound pressure level may be
measured one-half of the way back in the venue. (+6 and 115 dB momentary only.)
Speakers and horn drivers should be JBL, EV or GAUSS. These stacks should be
powered by professional power amplifiers, such as Crown,Yamaha, Crest, etc.
D. MONITOR MIXES: Twenty-four (24) channels of mix with at least eight (8) mixes. Each mix
out should have its own 1/3 octave EQ.
E. MONITOR SPEAKERS: At least eight (8) floor wedge monitor cabinets with at least four (4)
Turbo Sound TMS 3 or acoustical equivalent side fill cabinets and one (1) Turbo Sound
TMS drum monitor rig. Monitors should be bi-amped with one (1) 15" inch speaker or
two (2) 12" inch speakers and one (1) horn with at least a 1" inch throat.
F. MICROPHONES: Microphones, clips and stands with boom attachments:
1. Five (5) Beyer M88's
2. Four (4) Shure Beta SM 58's
3. Four(4) Shure Beta SM 57's
4. Two (2) Shure SM 81's
5. One (1) Shure SM 94
6. Four (4) Sennheiser MD 421's
7. Two (2) Sennheiser MD 431's
8. Eight (8) Sennheiser MD 421's (3 are for the horn section when they are
playing)
9. One (1) Electro-Voice RE 20 or D12E
10. Four(4) Active direct boxes
11. One (1) wireless microphone for the lead singer
G. MICROPHONE STANDS:
1. Five (5)Atlas M820 microphone stands
2. Twenty (20) microphone stands (AKG or Beyer)
`3. Six (6) tall booms
4. Ten (10) baby booms
5. Twenty-four(24) microphone clips
6. One (1) butterfly microphone clip for wireless microphone
(No goosenecks please! All stands should be in good
working order.)
H. LIGHTS: The stage lighting requirements are as follows:
1. Two (2) o° -ar-s- spotlights (og Xenon) with two (2)
professional operators.
2. Four (4) color washes focused from stage left and stage right.
3. Six (6) color washes upstage and downstage.
4. Two (2) Three (3) color washes for the drum position.
5. Five (5) color special locations, two (2) instruments per
location.
6. These washes should be accomplished with Pars or Lekos as
available and specials can be any type of Leko. All instruments
must be at least one-thousand (1000) watts. All gel color
assignments will be available prior to sound check for
arrangement with Susan Raids.
7. A professional CLEAR-COM system with four (4) positions, one
(1) at each follow spots, one (1) at the lighting console and one (1)
at the F.O.H. console. This is essential!
8. The venue or the lighting company will provide a professional
lighting console operator to run the stage lights.
9. ON STAGE/BAND GEAR/BACK LINE: Gear requirements are as follows:
DRUMS: One (1) BLACK Yamaha RECORDING or MAPLE
CUSTOM drum kit including a 24" kick, a 6 1/2" by 14" snare,
10" and 12" and 13" rack toms, one (1) 16" X 16" and one (1) 16"
X 18" floor toms and One (1) double kick pedal (preferably a Pearl
Power Shifter but any high quality double pedal will suffice ie.
Yamaha, Tama, or DW.)
HARDWARE: Two (2) straight stands, four (4) booms, one (1)
high hat, one (1) drum throne.
CYMBALS: SABIAN only. Three (3) 18" crashes and one (1) 19"
crash, one (1) 20", 21" or 22" ride, one (1) Chinese High-Low
(18"/20") and two (2) 14" or 15" High Hats (one (1) pair). One (1)
9 1/2" Black Cow Bell with mounting clamp.
KEYS: One (1) USS Apex two (2) tier stand, with one (1) short
(standard) tier and one (1) long tier. One (1) Roland KC 500
Keyboard Amplifier. One (1) Roland XP-80.
BASS: One (1) Ampeg SVT with two (2) appropriate speaker
cabinets or one (1) Peavey Max Amp with two (2) cabinets
containing one (1) 18" inch or two (2) 10" inch speakers in each
cabinet.
GUITAR 1: One (1) Mesa Boogie Mark IV simul-class with EQ.
GUITAR 2: One (1) :"The Twin" with redknobs and channel
switching pedal and one (1) American made Fender Stratocaster
with Whammy and strung with Ernie Ball Regular Slinky stings
(.O 10-.046 gauge) and one (1) tamborine and one (1) LP hand-held
cowbell with a beater.
HORN SECTION: When the horn section is contracted, a riser
with three (3) music stands with lights are needed. The horn
section is set up stage left, between the bass player and
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drummer.
***THERE ARE TWO GUITARS PLAYERS***
***FOUR GUITAR STANDS ARE NEEDED***
***ALL BACKLINE GEAR IS EXPECTED TO BE IN GOOD
WORKING ORDER***
Inquiries pertaining to the ARTIST supplying Back Line/Stage
Gear should be directed to SUSAN RAKIS. This is an additional
service supplied at a competitive price.
10. SECURITY: Purchaser will provide, at minimum, five (5} security personnel for the
Artist, one ` peskioned t the Artict'e stage fir, d door,
coneole stage ler+ n,a et „hf t the b,, „n
11. BAND PASSES: Artist will provide laminates with "ALL ACCESS", THE
BUCKINGHAMS logo and dated with the current year. These will be worn by
BUCKINGHAMS' working personnel only.
12. STAGE PASSES: Purchaser will provide "Day of the Event" passes marked "STAGE
ACCESS" to Susan Raids or her designated representative. These passes will be issued
at the sound check to members of the band, local crew, and security personnel ONLY.
The only persons on stage during the Artist's performance(s) are band and immediate
crew members.
13. BACKSTAGE PASSES: Purchaser will supply "Day of the Event" passes marked
"BACKSTAGE" for use of all guests/members of entourage. ARTIST will determine
appropriate number of passes required.
14. V.I.P./GUEST PASSES: The purchaser shall provide no less than fifteen (15) guest
passes per show. These passes will be provided at no cost to the ARTIST. These passes
should provide V.I.P. seating in the F.O.H. These passes must be provided in advance
of the performance in the form of tickets, or may be in the form of a guest list
established at the door.
15. TRANSPORTATION: When transportation is provided by Purchaser, it should be in
the form of one (1) fifteen (15) passenger van (with the back seat removed) or a
comparable vehicle(s). This van will be supplied at no cost to the Artist. When the
event takes place in the Chicagoland area, parking spaces with stage access must be
provided for eight (8) vehicles including the gear truck/eleven (11)) when the horn
section is contracted.
16. MERCHANDISING: The Artist shall have the right to sell merchandise in the form
of pictures, shirts, buttons, tapes, CD's, etc. Purchaser shall supply a secure display
area with ample lighting, access to electricity, and tables located in front, stage right or
stage left, for the Artist's merchandising person. Artist shall have the right to sell such
merchandise before, during and after the performance(s). If the Artist approves an
autograph session after the performance(s), security will be provided to and from the
dressing room and during autographing.
17. STAGE SET UP: Ten (10) pre-washed white towels and ten (10) bottles of water,
should be placed next to the monitor mix thirty (30) minutes prior to each show
or performance(s).
18. DRESSING ROOM/HOSPITALITY: Purchaser will provide at least one (1) large
lockable dressing room with lavatory and shower facilities. This room should have
private access to the stage and be equipped with at least all of the following:
A. One (1) full length mirror.
B. One (1) ironing board with iron.
C. Eight (8) chairs and one (1) table.
D. Two (2) keys for the door lock to the dressing room.
E. Ten (10) large clean towels for each show. (Towels should be placed in the
dressing room four hours before the first show or at the time of the load in.)
F. One (1) fruit and vegetable tray (or similar) for twelve (12) people and one (1)
can of whole cashews.
G. Cold drinks on ice provided before and after each performance to include
twelve (12) additional bottles of spring water, twenty-four (24) bottles of pepsi,
twenty-four (24) bottles of diet Coke, six (6) bottles of 7-up, six (6) bottles of iced
tea, twelve (12) bottles of beer (Molson, Amstel or Miller). There should also be
hot coffee and tea (with cream, sugar, lemon, and honey) and one package of
"throat-coat" tea-bags.
19. MEALS: Meals should be served in a dining area separate from the dressing room
and should be prepared in amounts sufficient to feed ten (10) (Thirteen (13) when the
horn section is contracted.) (Please note that one band member does not eat red meat.)
Meals should include an appetizer, main dish, and dessert. Please discuss meal
arrangements with SUSAN RAMS.
20. MUSIC LICENSES: Purchaser agrees to procure and pay for, at his own expense,
prior to the date of the engagement provided for in this agreement all necessary licenses
for said engagement, including, but not limited to, any and all clearances and licenses
from the composers, authors and publishers' association of ASCAP and BMI and
Purchaser agrees to indemnify and hold harmless Artist from any and all claims of
nature arising our of Purchaser's failure to procure the aforesaid licenses and
clearances with respect to the said musical compositions. This paragraph refers
exclusively to ASCAP and BMI.
21. COLLATERAL USE/JOINT VENTURE: Purchaser shall not have the right to
broadcast, televise or photograph the performance(s) without explicit permission.
Whenever sound and/or visual recording permission is granted, media personnel are
under the sole direction of Artist and/or Artist's staff as to placement of equipment,
movement restrictions and audio requirements. These arrangements must be made at
least one (1) week in advance. A duplicate of the recording will be provided to the Artist.
It will be the Purchaser's responsibility to monitor the audience for hand-held
microphones, outside light sources and audio/video recorders which are
absolutely prohibited during the performance(s).
22. CONTROL OF PRODUCTION: Artist shall have sole and exclusive control over the
production, presentation and performance of this entertainment unit and each member
thereof, including all persons employed by Artist in connection with engagement.
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Once the Artist has set the stage for the engagement, no part of the stage setting
shall be changed until after the final performance without permission of the Artist
and/or Susan Raids. Prior to the engagement, Susan Raids, will be presented with
the opening act's set list for the Artist's approval.
23. NO ENDORSEMENTS: Artist's name and/or likeness may not be used as an
endorsement of any product, commodity, service or the like, nor shall it be used directly
or indirectly in connection with any commercial tie up or otherwise (except solely in
connection with the sale of tickets to the engagement hereunder) without prior written
consent of Artist.
24. CANCELLATION PRIVILEGE: Purchaser agrees that the Artist may cancel
engagement hereunder by givin Pur h ser written notice mailed to the address set
forth in the agreement at least trdays prior to the commencement date of the
engagement provided Artist should be called upon to furnish their services in
connection with a theatrical motion picture, television program, stage play, Nevada,
Atlantic City, national or international concert tour, and if Artist, in Artist's sole
discretion, determines that the engagement might conflict with such other engagement,
or with any rehearsal or preparation thereof.
Artist's obligations herein are subject to detention or prevention of sickness, inability to
perform, accident, transportation, acts of God, riots, strike, labor disputes, epidemics,
and any act of public authority or any cause similar or dissimilar beyond Artist's
control.
In the event of rain or other weather conditions which might interfere with the
performance(s) of Artist hereunder, the parties shall mutually determine whether or not
the performance(s) should proceed. However, in any event, if the performance(s) is not
held by reason of any such weather conditions, Purchaser agrees to pay Artist the full
amount provided for in the contract.
This contract rider, its terms and conditions, supersedes all other BUCKINGHAMS'
riders executed prior to February 2002.
The terms of all pages of this contract are a reed to b •
Purchaser 0.a 1 r. . . arese
Sound Company: Phone( ) fax( )
Light Company: Phone( ) Fax( )
Stage Company: Phone( ) Fax(
BackLineCompany: Phone( ) Fax( )
(Please fax this information to SUSAN RAKIS at 773-245-6672. Thank You.)
. Jun 1:� Ut Ub 3hp Carl Giamm6rese 33C 916 479D p.1
' 06/1S/2087 14:IS 805S4633E; PARADISE ri. . ca
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ATTACHMENT A
The Hemmeas Cultural Center
Date:August 4,2007
SHOW: nit Byekintharns
ADDENDUM#1°k"R1FMEIII
A. The ternu of this Agreement shall be severable. In the event any of the terms
or provisions of this Agreement are deemed to be void or othery see
un nforceabtet for any reason, the remainder of this Agreement shall remain in
fill force and effect.
B. This Agreement shall not be aanstued so as to create a partnership, joint
venture,employment or other agency relationship between the parties hereto.
C. This Agreement shall be subject to and governed by the laws of the State of
Illinois. Venue for the resolution of any disputes or the enforcement of any
rights pursuant to this Agreement shall be in the Circuit Court of Kane
County, Illzxtois.
D. To the fullest extent permitted by law, Artist/Producer agrees to indemnify,
defend and hold harmless Purchaser, its officers, etnployece, boards and
commissions from and against any and all claims,other relief arising out of or
resulting form or throngb or alleged to arise out of any reckless or negligent
acts or omissions of Artist/Producer's officers, employees or agents in the
perribnmance of this Agreement. In the event of any action against Purchaser,
its officers, employees, agents, boards or commissions covered by the
foregoing duty to indemnify, defend and hold harmless, such action shall be
defended by legal counsel of the Purchaser's choosing. The provisions of this
paragraph shall survive arty termination and/or expiration of this Agreement.
lE. In the event Artist/Producer negligently or willfully fails to perform its
obligatioas pursuant to this Agreement, the Purchaser shall be entitled to
pursue all remedies afforded by law. In the event any party cannot perform its
obligations pursuant to this Agreement due to an act of God, serious
illness/accident or force maajeure„ all parties shall attempt to reschedule
concert. If concert cannot be rescheduled, all payments made by Purchaser to
Artist/Producer shall be refunded to Purchaser within thirty days of written
demand of Purchaser.
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97b 4/90 F,:_
g6f:9/2007 14:16 6a56463367 PARADISE. rwat. uc
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F. No official director,officer, agm t or employee of the City(Purchaser) shall be
charged personally or held contractually liable under any term or provision of
this Agreement or because of their execution,approval or attempted execution
of this Agreement.
G. This Agreement shall be subject to and governed by the laws of the State of
X7P3nvia. Venue for the resolution_of any disputes or the enforcement of any rights
arising out of or in tonneetion with this Agreement shall be in the Circuit Court
of Kane County,Illinois.
t sh •t perform or ad se smother performance within a e
ius Llgin, inois 60 s or 6 .d4ys a porfo a at The ...—
ens testal
1. Heroine= staff will muse every reasonable effort to maintain the spirit of the
artist's lightplot using the vemees lighting systems and available inventory(see
attached Technical lnfcrmation Rider and lightplot). The Hematens taw
Roscolux Color Filters and will make the suitable substitutions as needed.
AGREED:
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By A...
For: pie C�i.�r h c�./7?5
Date: 1;//ec `'
2