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HomeMy WebLinkAbout08-1121 Freedom • THEATREWORKS USA 151 West 26th Street (212)647-1100 New York,NY 10001 Fax:(212)924-5377 Butch Wilhelmi 30931 - 0010001 The Hemmens Cultural Center FREEDR-01/21/2010 150 Dexter Court Elgin, IL 60120-5527 WORK - 847-931-5905 FAX - 847-931-5940 Dear Sponsor: November 21, 2008 .wheitigrieeFtlease.aiisee ponsor ' Addenda , Item A . a-,a .- (TH A TREWORKS USA CORD ) relating to SPONSOR'.s eseatation of FREEDOM TRAIN Date(s) /Time(s) Location City and State 21 JAN 2010/09:45AM HEMMENS CULTURAL CENTER ELGIN, IL 21 JAN 2010/12:OOPM HEMMENS CULTURAL CENTER ELGIN, IL 22 JAN 2010/09:45AM HEMMENS CULTURAL CENTER ELGIN, IL 22 JAN 2010/12:OOPM HEMMENS CULTURAL CENTER ELGIN, IL 1. SPONSOR shall pay THEATREWORKS USA CORP.: V$6,100.00 as performance(or-residency) fee. $6,100.00 TOTAL 2. The total amount due under Paragraph 1 above shall be paid as follows: $6,100.00 to be mailed to THEATREWORKS USA on first day of performance $6,100.00 TOTAL All payments shall be made to THEATREWORKS USA and mailed to the address set forth above, and any payments shall be deemed made only when received. SPONSOPa4f-a-signed--eopy--ef- 2-above, are- -- -has the ACCEPTED AND AGREED TO: Very truly yours, The City - - -y:• - , • • �j ' _ •"" _ ' THEATREWORKS USA Elgin SE1 STEGALL, AS. T.CITY MANAGER BETH PRATHER ila,A , Date ** FOR EACH SHOW SITE, PLEASE RETURN TO US WITH CONTRACT: 1) A MAP (can be hand drawn) indicating location of performance site. 2) The name and phone numbers (work and home) of the person our stage manager will contact regarding technical coordination. 3) Schools: In addition, please include name and phone number of principal. V> N,aw,a 'l. 4t0 P {TED FED' : The Hemmens Cultural Center SHOW: Freedom Train Date(s): January 21 & 22, 2010 ADDENDUM #1 TO AGREEMENT ATTENTION: Please carefully read each of the additional provisions set forth below. By signing below, you hereby agree to be bound by the provisions contained in this Addendum #1. If there are any conflicts between this Addendum #1 and the terms or conditions of the Letter Agreement, Theatreworks USA's Addendum to Letter Agreement, or the Technical Rider, the parties agree that the provisions of this Addendum #1 shall supersede any conflicting provisions, and shall control, prevail and be given full force and effect in construing the agreement between the parties (the Letter Agreement, Theatreworks USA's Addendum to Letter Agreement, the Technical Rider, and this Addendum#1 are collectively referred to as the"Agreement"herein). A. This Agreement is hereby made and entered into thish day of February , 2009, by and between the City of Elgin, an Illinois municipal corporation (hereinafter referred to as the "City" or the "Sponsor"), and Theatreworks USA Corp., a New York corporation (hereinafter referred to as "Theatreworks USA"). For and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties agree that Theatreworks USA shall present four (4) performances of Theatreworks USA's production entitled Freedom Train, subject to the following terms and conditions. B. The terms of this Agreement shall be severable. In the event any of the terms or provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect. C. This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. D. 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, Illinois. Addendum#1 —Page 1 of 2 E. To the fullest extent permitted by law, Theatreworks USA agrees to indemnify, defend and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits,judgments, costs, attorney's fees, damages or other relief arising out of or resulting form or through, or alleged to arise out of or through, any intentional, reckless or negligent acts or omissions of Theatreworks USA officers, employees or agents in the performance of this Agreement. In the event of any action against the City, 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 City's choosing. The provisions of this paragraph shall survive any termination and/or expiration of this Agreement. F. In the event that Theatreworks USA negligently or willfully fails to perform its obligations pursuant to this Agreement, the City 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 majeure, the parties shall attempt to reschedule the event. If the event cannot be rescheduled, no payments shall be due from the City under this Agreement, and any payments made by the City to Theatreworks USA shall be refunded to City within ten (10) days of written demand by the City. In the event that the City does not substantially perform its obligations herein, the City's liability is limited to the performance fee provided herein. In no event shall the City be liable for any other monetary damages, including, but not limited to, compensatory, consequential or incidental damages, or any costs or attorney's fees, arising from or in any way related to any breach of the terms of this Agreement. G. No official director, officer, agent or employee of the City 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. AGREED: CITY OF EL.). THEATREWORKS USA / r -?. �YcL t� Q B • �la ; B Y SSegall y Its: Assistant City Manager Its: C 4q(1 41 Date: 2 = d, Date: i 4- c 7 Addendum #1 —Page 2 of 2 ADDENDUM TO LETTER AGREEMENT THEATREWORKS/USA CORP.-FREEDOM TRAIN I. THEATREWORKS/USA CORP. shall at its sole expense provide the production at the lime(s), date(s), and place(s) designated in letter agreement. 2. SPONSOR shall provide at its expense: a. The theatre or auditorium to above(with stage cleared and complete with adequate stage lighting)made available to THEATREWORKS/USA CORP. exclusively two hours prior to the performance(s). b. 2 people to help load and unload scenery before and after performances and to run lights during the performance(s) 3. It is further agreed as follows: a. On all billboards,promotional brochures,paid advertisements and on the title page of all programs THEATREWORKS,Ut CORP.shall be accorded billing as follows: (name of sponsor)presents the Theatreworks USA production of (name of show) b. There shall be no audio or visual broadcast or recording of the performances permitted. d. THEATREWORKS/USA CORP. shall be under no liability for failure to appear or perform in the event that such failure i caused by or due to the physical inability of any of THEATREWORKS/USA CORP.personnel to perform, or acts or regulations of public authorities, labor difficulties, civil tumult, strike, epidemic,interruption or delay of transportation services, or any other cause beyond THEATREWORKS/USA CORP.'s control: but payment due THEATREWORKS/USA CORP.from SPONSOR allocable to such canceled performance(s)need not be made and, if already made, shall be refunded. e. In the event SPONSOR cancels any performance(s)for any reason, the SPONSOR shall be liable to THEATREWORKS/USA CORP.for the full agreed upon amount set forth in the letter agreement. I. Our pre-show set-up is scheduled to be completed by 2 hour before the scheduled performance time. We cannot begin our set-up earlier in order to allow for earlier seating. If you wish to begin seating prior to 2 hour before the performance, you may do so, but be aware that the performers will probably still be setting up on stage. 4. SPONSOR recognizes that THEATREWORKS/USA CORP. is party to an agreement with Actors'Equity Association and therefore must comply with the following: a. Separate dressing rooms(with mirrors)shall be provided for 4 male and 1 female Actors. Dressing rooms shall be comfortably heated and ventilated(as shall the stage)from the time the first Actor arrives, and shall have entrances and windows properly masked from the public to insure privacy. b. Separate sanitary facilities close to the dressing rooms shall be provided for male and female Actors, shall have hot and cold running water, be clean and sanitary and whenever possible, separate from those provided to the audience. 5. Tl.r ,ululit), und-effret of(hi.) agreement shufl bngvrer►trd-hr lire Li 'SvT tkr-SPATE of NE11'PORK. If the foregoing and the attachment accurately set forth your understanding with us, kindly sign one completely executed copy of the agreement and return to us. This shall constitute a binding agreement between us. E►1RBNI4RKSQ 151 West 26th Street New York,NY 10001 (212)647-1100 TECHNICAL RIDER for FREEDOM TRAIN IN ORDER TO INSURE THAT ALL GOES SMOOTHLY, IT IS IMPORTANT THAT A COPY OF THIS INFORMATION SHEET GETS TO THE ON-SIT_ E PERSON IN CHARGE. technical capabilities, If the performance is to take place in a school, or you are a volunteer organization or havelimited don't worry. Suggestions have been made in each section to make it work. GENERAL INFORMATION 1) Our Stage Manager will contact the on-site person in charge no fewer than 48 hours before the performance to get specific information(as to where the loading dock door is located, etc.) and to answer any additional questions, which may arise. 2) We will arrive 2 to 21 hours before performance time. Performance times cannot be changed at the last minute and we probably will be unable to open the house any earlier then '/z hour before performance time. 3) The performance is approximately 1 hour. 4) We travel in 2 maxivans. We will need to have a clear space to unload onto or near the stage. If load-in area is a long way from the auditorium please let the stage manager know in case more time is needed for load-in. If the van cannot stay in the loading area during our time at the theatre, then other parking arrangements need to made for us. 5) We will need at least two dressing rooms close to the stage with mirrors and electrical outlets able to accommodate 4 men and 2 women. These need to be properly heated/ventilated, and doorways and windows should be covered to insure the actors' privacy. 6 Separate sanitarytoilet facilities with hot and cold runningwater must be provided for male and female actors. These P restrooms should be separate from those provided for the audience. 7) We will need easy access to drinking water. 8) The taking of pictures during the performance is not allowed, nor is the video or sound recording of the show,without the expressed written permission of Theatreworks/USA. 9) Theatreworks/USA must be informed of any picture call no fewer than 48 hours prior to the call, barring extenuating circumstances. 10) Please remember to turn off any bells, buzzers, and P.A. systems in the auditorium during the show. PERSONNEL 1) There needs to be someone in charge available at all times to answer questions. 2) We will need 2 people to help us unload our van when we first arrive and to load again at the end of the performance. 3) One electrician is needed to run lights during the show. He/She also needs to be available before the show to work with our Stage Manager to set cues, do rough focusing, etc.. or We will need one person familiar with whatever lighting is available. He/She will be needed when we arrive and during the show. If the controls for the lights are not close to the Stage Manager, it would be helpful if communication(i.e. headsets) is provided. 4) If there is a grand/main drape or front curtain, there should be someone to operate it. 5) We may need someone to help with sound. - more on back- SOUND We travel with our own sound system which our Stage Manager runs from backstage. All we will need are regular 110 volt outlets on either side of the stage (with extension cords if the outlets are not easily accessible). We travel with body mics for voice amplification that we intend to utilize. However, in speaking with the Theatreworks stage manager for the production, you may concur that PCC's are more suited to your space. If your house has PCC's, you might want to consider setting them up in advance of our arrival as an alternative. We suggest 3 floor mikes one foot from the lip of the stage, down stage-right, left, and center. As a final option, if you have your own body mic system and would prefer to use it, please notify the Production Manager at Theatreworks/USA well in advance. There will need to be communication(headsets?) for the Stage Manager to be able to talk to the lighting operator and possibly the sound operator. Our Stage Manager usually runs the sound offstage right or left. However, if in house cable runs are sufficient to operate the sound and call the show from a house sound station or a booth out front, please inform the stage manager of the tour of this option when he/she calls. STAGE/DECK Note: We need a clear flat playing surface of approximately 30'D by 30'W. 1) The stage must be cleared, swept, and mopped. 2) If there is a crossover available, it also needs to be cleared. 3) The size of the stage will determine what we will use as a backdrop. Possibilities are a black traveler, cyc, etc.. or If your space is a gym with no wing space or stage curtains, some adjustments will need to be made. For example, the actors often have quick changes that need to be done just offstage but out of the audience's view. Possible solutions may be discussed with the Stage Manager when he/she calls two days before the performance. 4) If there is a grand/main drape, it will be used. 5) There need to be prop tables both left and right and up center. 6) We need a Stage Manager's station where the SM can run sound, preferably offstage left or right. If you have a SM station at another location, the Stage Manager should be given the option as to which to use. or If you do not have a Stage Manager's station, please provide a table on one side of the stage with adequate lighting for the Stage Manager to run sound. 7) There should be a few chairs on each side of the stage. 8) It would be helpful if you could provide a costume rack. LIGHTS Our lighting needs are very simple. We basically use a few general looks. We would like four specials: left, right, center, and a platform special. We would like a general warm wash, a blue wash, side and/or down light in cools, side and/or down light in warms. We also want to be able to use various levels of brightness for each look as well as be able to go to a "blue out." or If you do not have a sophisticated lighting system, do not worry. At the very least please be sure to check and replace any burned out light bulbs. The stage should be as brightly lit as possible. We prefer not to use fluorescent lights. All shades on the auditorium windows should be drawn and doors shut during the performance. FRONT OF HOUSE We will need an easel on which to place our houseboard. It should be placed in full view of the incoming audience. If you do not have an easel, a music stand or a chair will do. FREEDOM TRAIN -page 2 of 2